2001 - 2002 LEGISLATURE
May 3, 2001 - Introduced by Representative Berceau, cosponsored by Senator
Risser. Referred to Committee on Ways and Means.
1An Act to create
66.1105 (5) (bh) of the statutes; relating to: the publication
2of notices relating to the creation of tax incremental financing districts.
Analysis by the 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% of the area to be included in the TID is blighted, in need of
rehabilitation, or suitable for industrial sites. 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, 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, and adoption of a resolution by the
common council or village board that creates the district as of a date provided in the
resolution. Before the required public hearings are held, the city or village that
wishes to create a TID must publish public notices that include information about
the place, time, and subject of the hearings. Another step that must be taken before
a TID may be created is the creation by the city or village of a joint review board to
review the proposal. The joint review board, which is made up of representatives of
the overlying taxing jurisdictions of the proposed TID, must approve the project plan
or the TID may not be created. If an existing TID project plan is amended by a
planning commission, all of these steps are also required.
Once these steps are accomplished, the city clerk is required to complete certain
forms and an application and submit the documents to the department of revenue
(DOR) on or before December 31 of the year in which the TID is created. Upon receipt
of the application, DOR is required to certify the full aggregate value of the taxable
property in the city, which constitutes the tax incremental base of the TID.
This bill specifies that, if a city that created or attempted to create a TID in
September 2000 published the required public notices before the required public
hearings were held, in substantial compliance with the statutory requirements,
although the notices contained technical deficiencies regarding the time, place, or
subject of the hearings, the creation date of the TID shall be January 1, 2000, and
DOR must proceed as if the TID was created on that date.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB372, s. 1
66.1105 (5) (bh) of the statutes is created to read:
(bh) Notwithstanding the requirements in sub. (4) (a), (c), and (e), 3
if a city that created, or attempted to create, a tax incremental district in September 4
2000 and published the notices required under sub. (4) (a), (c), and (e), and was in 5
substantial compliance with the notice requirements although such notices 6
contained technical deficiencies regarding the time, place, or subject of the required 7
hearings, the department of revenue shall determine the tax incremental base of the 8
district, allocate tax increments, and treat the district in all other respects as if the 9
requirements under sub. (4) (a), (c), and (e) had been strictly complied with and as 10
if the district was created on January 1, 2000.