Bills · 2013-2014 Regular Session

SB 338

Relating to: expanding the authority of towns to create tax incremental financing districts. (FE)

Energy conservation Environmental protection Municipality — Annexation Property tax Property tax — Exemption Revenue, department of Sanitation and sewerage management Town Town — Board Town — Officers Village Vital statistics

Introduced, completed
Passes Senate, completed
Passes Assembly, completed
Governor signs, completed
Law, completed

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

Under the current tax incremental financing program, a city or village may

create a tax incremental district (TID) in part of its territory to foster development

if at least 50 percent of the area to be included in the TID is blighted, in need of

rehabilitation or conservation, suitable for industrial sites, or suitable for mixed-use

development. Currently, towns and counties also have a limited ability to create a

TID under certain circumstances. Before a city or village may create a TID, several

steps and plans are required. These steps and plans include public hearings on the

proposed TID within specified time frames, preparation and adoption by the local

planning commission of a proposed project plan for the TID, approval of the proposed

project plan by the common council or village board, approval of the city's or village's

proposed TID by a joint review board that consists of members who represent the

overlying taxation districts, and adoption of a resolution by the common council or

village board that creates the TID as of a date provided in the resolution.

Also under current law, once a TID has been created, the Department of

Revenue (DOR) calculates the "tax incremental base" value of the TID, which is the

equalized value of all taxable property within the TID at the time of its creation. If

the development in the TID increases the value of the property in the TID above the

base value, a "value increment" is created. That portion of taxes collected on the

value increment in excess of the base value is called a "tax increment." The tax

increment is placed in a special fund that may be used only to pay back the project

costs of the TID.

The project costs of a TID, which are initially incurred by the creating city or

village, include public works such as sewers, streets, and lighting systems; financing

costs; site preparation costs; and professional service costs. DOR authorizes the

allocation of the tax increments until the TID terminates or, generally, 20 years, 23

years, or 27 years after the TID is created, depending on the type of TID and the year

in which it was created. Also under current law, a city or village may not generally

make expenditures for project costs later than five years before the unextended

termination date of the TID. Under certain circumstances, the life of the TID, the

expenditure period, and the allocation period may be extended.

Under the current law limitations on towns to use tax incremental financing

(TIF), a town may create a TID for projects related to tourism, agriculture,

manufacturing, or forestry. A town may also use TIF for residential projects, but only

to the extent that the residential project has a necessary and incidental relationship

to a tourism, agricultural, manufacturing, or forestry project, and for retail projects

to the extent that the retail development is related to the retail sale of a product that

is produced due to an agricultural, forestry, or manufacturing project.

A town may also create a TID in limited circumstances under which the town

enters into a cooperative plan with a city or village under which part or all of the town

will be annexed or attached by the city or village.

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Fiscal Estimate From DOR