The bill takes effect on October 1, 2010.
For further information see the 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:
SB412, s. 1 1Section 1. 60.85 (6) (a) (intro.) of the statutes is amended to read:
SB412,3,172 60.85 (6) (a) (intro.) If the joint review board approves the creation of the tax
3incremental district under sub. (4), and subject to par. (am), positive tax increments
4with respect to a tax incremental district are allocated to the town which created the
5district for each year commencing after the date when a project plan is adopted under
6sub. (3) (g). The department of revenue may not authorize allocation of tax
7increments until it determines from timely evidence submitted by the town that each
8of the procedures and documents required under sub. (3) (d) to (f) has been completed
9and all related notices given in a timely manner. The department of revenue may
10authorize allocation of tax increments for any tax incremental district only if the
11town clerk and assessor annually submit to the department all required information
12on or before the 2nd Monday in June. The facts supporting any document adopted
13or action taken to comply with sub. (3) (d) to (f) are not subject to review by the
14department of revenue under this paragraph except as provided under par. (e). After
15the allocation of tax increments is authorized, the department of revenue shall
16annually authorize allocation of the tax increment to the town that created the
17district until the sooner of the following events:
SB412, s. 2 18Section 2. 60.85 (6) (am) of the statutes, as created by 2009 Wisconsin Act 28,
19is amended to read:
SB412,4,6
160.85 (6) (am) With regard to each district for which the department of revenue
2authorizes the allocation of a tax increment under par. (a), the department shall
3charge the town that created the district an annual administrative fee of $150 that
4the town shall pay to the department no later than May 15. If the town does not pay
5the fee that is required under this paragraph, by May 15, the department may not
6authorize the allocation of a tax increment under par. (a) for that town.
SB412, s. 3 7Section 3. 66.1105 (4) (gm) 4. c. of the statutes is amended to read:
SB412,4,198 66.1105 (4) (gm) 4. c. Except as provided in sub. subs. (10) (c) and (17), the
9equalized value of taxable property of the district plus the value increment of all
10existing districts does not exceed 12 percent of the total equalized value of taxable
11property within the city. In determining the equalized value of taxable property
12under this subd. 4. c., the department of revenue shall base its calculations on the
13most recent equalized value of taxable property of the district that is reported under
14s. 70.57 (1m) before the date on which the resolution under this paragraph is
15adopted. If the department of revenue determines that a local legislative body
16exceeds the 12 percent limit described in this subd. 4. c., the department shall notify
17the city of its noncompliance, in writing, not later than December 31 of the year in
18which the department receives the completed application or amendment forms
19described in sub. (5) (b).
SB412, s. 4 20Section 4. 66.1105 (4m) (e) of the statutes is created to read:
SB412,4,2221 66.1105 (4m) (e) Notice of all meetings held by a joint review board shall be
22published as a class 2 notice, under ch. 985.
SB412, s. 5 23Section 5. 66.1105 (5) (b) of the statutes is amended to read:
SB412,5,1324 66.1105 (5) (b) Upon application in writing by the city clerk, in a form
25prescribed by the department of revenue, the department shall determine according

1to its best judgment from all sources available to it the full aggregate value of the
2taxable property and, except as provided in par. (bm), of the city-owned property in
3the tax incremental district. The application shall state the percentage of territory
4within the tax incremental district which the local legislative body estimates will be
5devoted to retail business at the end of the maximum expenditure period specified
6in sub. (6) (am) 1. if that estimate is at least 35%. Subject to sub. (8) (d), the
7department shall certify this aggregate valuation to the city clerk, and the aggregate
8valuation constitutes the tax incremental base of the tax incremental district. The
9city clerk shall complete these forms, including forms for the amendment of a project
10plan, and submit the completed application or amendment forms on or before
11December October 31 of the year the tax incremental district is created, as defined
12in sub. (4) (gm) 2. or, in the case of an amendment, on or before December October
1331 of the year in which the changes to the project plan take effect.
SB412, s. 6 14Section 6. 66.1105 (6) (a) (intro.) of the statutes is amended to read:
SB412,6,515 66.1105 (6) (a) (intro.) If the joint review board approves the creation of the tax
16incremental district under sub. (4m), and subject to par. (ae), positive tax increments
17with respect to a tax incremental district are allocated to the city which created the
18district for each year commencing after the date when a project plan is adopted under
19sub. (4) (g). The department of revenue may not authorize allocation of tax
20increments until it determines from timely evidence submitted by the city that each
21of the procedures and documents required under sub. (4) (d) to (f) has been completed
22and all related notices given in a timely manner. The department of revenue may
23authorize allocation of tax increments for any tax incremental district only if the city
24clerk and assessor annually submit to the department all required information on
25or before the 2nd Monday in June. The facts supporting any document adopted or

1action taken to comply with sub. (4) (d) to (f) are not subject to review by the
2department of revenue under this paragraph. After the allocation of tax increments
3is authorized, the department of revenue shall annually authorize allocation of the
4tax increment to the city that created the district until the soonest of the following
5events:
SB412, s. 7 6Section 7. 66.1105 (6) (ae) of the statutes, as created by 2009 Wisconsin Act
728
, is amended to read:
SB412,6,138 66.1105 (6) (ae) With regard to each district for which the department of
9revenue authorizes the allocation of a tax increment under par. (a), the department
10shall charge the city that created the district an annual administrative fee of $150
11that the city shall pay to the department no later than May 15. If the city does not
12pay the fee that is required under this paragraph, by May 15, the department may
13not authorize the allocation of a tax increment under par. (a) for that city.
SB412, s. 8 14Section 8. 66.1105 (10) (c) of the statutes is created to read:
SB412,6,1715 66.1105 (10) (c) The department of revenue shall exclude any parcel in a newly
16created tax incremental district that is located in an existing district when
17determining compliance with the 12 percent limit described in sub. (4) (gm) 4. c.
SB412, s. 9 18Section 9. 66.1105 (12) of the statutes is created to read:
SB412,6,2219 66.1105 (12) Equalized valuation; the 12 percent limit. If the department of
20revenue notifies a local legislative body that is not in compliance with the 12 percent
21limit described in sub. (4) (gm) 4. c., the local legislative body shall do one of the
22following:
SB412,6,2423 (a) Rescind its approval of the project plan resolution described under sub. (4)
24(g).
SB412,7,15
1(b) Not later than March 15 of the year immediately following the year in which
2the local legislative body receives the notice of noncompliance described in sub. (4)
3(gm) 4. c., the local legislative body sends the department of revenue by 1st class mail
4a copy of a resolution adopted by the county board in which the tax incremental
5district, or proposed district, is located stating that the county board accepts the
6project plan even if the 12 percent limit is exceeded. Notice of the county board
7meeting at which the board accepts the project plan shall be published as a class 2
8notice under ch. 985, except that the notice shall be published in a newspaper having
9general circulation within the county in which the proposed district is to be created.
10The notice shall include information relating to the proposed boundaries of the
11district, the proposed project costs of the proposed project, and whether the project
12costs include cash grants from the local legislative body to the owners, developers,
13or lessees of the land that is located within the proposed district. If the district or
14proposed district is in more than one county, only the county that contains the largest
15portion of the district's value must adopt a resolution as described in this paragraph.
SB412, s. 10 16Section 10. 66.1106 (7) (a) of the statutes is amended to read:
SB412,7,2217 66.1106 (7) (a) Subject to pars. (am), (b), (c) and (d), the department shall
18annually authorize the positive environmental remediation tax increment with
19respect to a parcel or contiguous parcels of property during the period of certification
20to the political subdivision that incurred the costs to remediate environmental
21pollution on the property, except that an authorization granted under this paragraph
22does not apply after the department receives the notice described under sub. (10) (b).
SB412, s. 11 23Section 11. 66.1106 (7) (am) of the statutes, as created by 2009 Wisconsin Act
2428
, is amended to read:
SB412,8,7
166.1106 (7) (am) With regard to each district for which the department
2authorizes the allocation of a tax increment under par. (a), the department shall
3charge the political subdivision that created the district an annual administrative
4fee of $150 that the political subdivision shall pay to the department no later than
5May 15. If the political subdivision does not pay the fee that is required under this
6paragraph, by May 15, the department may not authorize the allocation of a tax
7increment under par. (a) for that political subdivision.
SB412, s. 12 8Section 12. Effective date.
SB412,8,99 (1) This act takes effect on October 1, 2010.
SB412,8,1010 (End)
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