Skip to content
Bills from the Sep 2011 Special Session

Senate Bill 23

Various duties of the Department of Revenue, including issuing declaratory judgments, conducting audits and assessments, asserting liability, allowing claims for refunds, awarding the costs of litigation, prohibiting browsing of returns and claims, imposing penalties related to a taxpayer's negligence, requiring the exercise of rule-making authority, and providing a penalty

Became law

The governor signed it on Nov 18, 2011. It's ⁠.

  1. Introduced, passed

    Oct 18, 2011

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed Oct 27, 2011

  4. Assembly vote, passed

    Passed 72 to 22

  5. Governor, passed

    Signed

  6. Law, here now

    2011 Wisconsin Act 68

Latest entry in the official record, Nov 18, 2011: “Published 12-1-2011”

Read the bill

Following saves it on this device. New actions show on your Following page. You can also get updates in a feed reader.

What it does

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill requires the Department of Revenue (DOR) to take certain actions related to administering taxes and fees. Under the bill, generally, with regard to any audit, assessment, or claim for a refund, DOR may not take a position that is contrary to any rule promulgated by DOR that was in effect during the period related to the audit, assessment, or claim or that is contrary to any guidance published by DOR prior to that period and not subsequently retracted, altered, or amended.

Under the bill, generally, a person who is subject to an assessment or audit determination by DOR is not liable for any amount that DOR asserts that the person owes if the liability asserted is the result of a tax issue that existed in a prior assessment or audit, a DOR employee involved in the prior assessment or audit knew of the tax issue, and DOR did not assert the liability for the tax issue at the time of the prior assessment or audit. This provision, however, does not cover the treatment of tax issues that were not specifically addressed in the prior assessment or audit determination by DOR.

Read the full summary

Under the bill, DOR may not impose a penalty on a taxpayer for negligence or for otherwise filing an improper return unless the the taxpayer's action was due to the taxpayer's willful neglect and not to reasonable cause.

The bill prohibits class action lawsuits against the state or any other party if the relief sought by the plaintiff includes the refund of any tax administered by the state.

Under current law, DOR may choose not to appeal a ruling by the Tax Appeals Commission (commission) and, instead, file a notice of nonacquiescence with the clerk of the commission. The effect of filing the notice is that, although the commission's decision is binding on the parties involved in the ruling, the commission's legal reasoning is not binding on DOR with regard to future cases.

Under the bill, although DOR may file a notice of nonacquiescence and, therefore, not be required to follow the commission's legal reasoning, the parties involved in the ruling are bound by the commission's decision and the decision may be cited by the commission and the courts in future cases.

Under current law, a person may file a petition with a state agency to issue a declaratory ruling with respect to how a statute or rule applies to any person, property, or set of facts. The agency must, within a reasonable time after receiving the petition, either deny the petition for failure to complete a proper petition or schedule a hearing for the matter described in the petition. Under the bill, if a person files a petition with DOR to issue a declaratory ruling, DOR must deny the petition, issue a notice that it will issue a ruling on the facts contained in the petition, or schedule a hearing for the matter described in the petition no later than 30 days after receiving the petition. If DOR does not deny the petition and does not issue a notice, DOR must hold a hearing and determine, no later than 180 days after it receives the petition, whether the person submitting the petition has presented sufficient facts from which to issue a declaratory ruling. If DOR determines that it has sufficient facts from which to issue a declaratory ruling, DOR must issue a ruling on the merits of the petition no later than 180 days after that determination, unless the deadline for issuing the ruling is extended by written agreement with all parties involved.

Under current law, certain persons may file a petition with a state agency to have the agency promulgate a rule. In order to promulgate the rule, the agency must first prepare a statement of the scope of the proposed rule and submit the statement to the governor for the governor's approval. In addition, the agency must submit the proposed rule in final draft form to the governor for approval before the rule is published and submitted to the legislature for review.

Under this bill, if a petition filed with DOR alleges that DOR has established a standard by which it construes a tax statute, but has not promulgated a rule to adopt the standard, DOR must submit a statement of the scope of the proposed rule to the governor no later than 90 days after receiving the petition. No later than 270 days after the statement is approved by the governor, DOR must submit the proposed rule in final draft form to the governor for the governor's approval. The rule does not have to adhere to the standard established by DOR, but must address the same circumstances as the standard addresses.

Under current law, no person, other than the person who filed the return or claim, may inspect an income or franchise tax return or claim, unless that person is doing so in performing the duties of his or her position. Under this bill, no person, other the person who filed the return or claim, may inspect an income or franchise tax return or claim, or any information derived from the return or claim, unless that person is doing so in performing the duties of his or her position. In addition, under the bill, the same prohibition applies to other tax returns and claims, including sales and use tax returns and claims, estate tax returns and claims, and cigarette tax returns and claims.

Who's behind it

4 lawmakers are its ⁠. 4 have no party on record.

4 more lawmakers ⁠.

See all 8 names

Authors (4)

  • Committee on Senate Organization
  • Representative Strachota
  • Senator Zipperer
  • by request of Governor Scott Walker

Signed on in support (4)

  • Galloway, Grothman, Darling and Lasee
  • Kooyenga, Craig, Knodl, Endsley, Kestell, LeMahieu, Kaufert, Marklein, Vos, A. Ott, Litjens, Jacque and Mursau
  • Pat Strachota · Republican, Assembly
  • Rich Zipperer · Republican, Senate

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There were 3 votes on this bill.

Senate Committee on Public Health vote to recommend it

Passed, 3 to 2 · Oct 26, 2011

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report passage recommended by committee on Public Health, Human Services, and Revenue, Ayes 3, Noes 2”. Official record · This vote on its own page

Senate vote to pass it

Passed, 17 to 15 · Oct 27, 2011 · 1 didn't vote

See how each of the 33 senators voted

D: Democrat, R: Republican

Official motion: “Read a third time and passed, Ayes 17, Noes 15”. Official record · This vote on its own page

Assembly vote to pass it

Passed, 72 to 22 · Nov 3, 2011 · 2 didn't vote

See how each of the 96 representatives voted

D: Democrat, I: Independent, R: Republican

Yes (72)

Didn't vote (2)

Official motion: “Read a third time and concurred in, Ayes 72, Noes 22, Paired 2”. Official record · This vote on its own page

What happened

  1. Nov 18, 2011

    The new law was published.

  2. Nov 18, 2011

    The governor signed it. It became 2011 Wisconsin Act 68.

  3. Nov 15, 2011

    Sent to the governor.

  4. Nov 3, 2011

    The Assembly passed it too, 72 to 22.

  5. Oct 31, 2011

    “Read first time and referred to calendar 11-1-2011 pursuant to Assembly Rule 93” (the official wording)

  6. Oct 31, 2011

    The Assembly received it.

  7. Oct 27, 2011

    The Senate passed it, 17 to 15.

  8. Oct 27, 2011

    The Senate adopted it.

  9. Oct 26, 2011

    The committee voted to recommend passing it, 12 to 3.

  10. Oct 26, 2011

    “Report adoption of Senate Amendment 1 recommended by joint committee on Finance, Ayes 15, Noes 0” (the official wording)

  11. Oct 26, 2011

    “Report introduction of Senate Amendment 1 recommended by joint committee on Finance, Ayes 15, Noes 0 by joint committee on Finance” (the official wording)

  12. Oct 26, 2011

    Sent to the Joint Committee on Finance.

  13. Oct 26, 2011

    The committee voted to recommend passing it, 3 to 2.

  14. Oct 25, 2011

    A state agency sent in its estimate of the cost.

  15. Oct 24, 2011

    The committee held a public hearing.

  16. Oct 18, 2011

    14 more representatives and 5 senators signed on in support.

  17. Oct 18, 2011

    Sent to the Senate Committee on Public Health, Human Services, and Revenue.

  18. Oct 18, 2011

    Introduced in the Senate.

See the official record, word for word
  1. Oct 18, 2011 · Senate

    Introduced by committee on Senate Organization, by request of Governor Scott Walker, Senator Zipperer, and Representative Strachota

  2. Oct 18, 2011 · Senate

    Read first time and referred to committee on Public Health, Human Services, and Revenue

  3. Oct 18, 2011 · Senate

    Senator Zipperer added as a coauthor

  4. Oct 18, 2011 · Senate

    Representative Strachota added as a cosponsor

  5. Oct 18, 2011 · Senate

    Senators Galloway, Grothman, Darling and Lasee added as coauthors

  6. Oct 18, 2011 · Senate

    Representatives Kooyenga, Craig, Knodl, Endsley, Kestell, LeMahieu, Kaufert, Marklein, Vos, A. Ott, Litjens, Jacque and Mursau added as a cosponsors

  7. Oct 24, 2011 · Senate

    Public hearing held

  8. Oct 25, 2011 · Senate

    Fiscal estimate received

  9. Oct 25, 2011 · Senate

    Fiscal estimate received

  10. Oct 26, 2011 · Senate

    Executive action taken

  11. Oct 26, 2011 · Senate

    Report passage recommended by committee on Public Health, Human Services, and Revenue, Ayes 3, Noes 2

  12. Oct 26, 2011 · Senate

    Available for scheduling

  13. Oct 26, 2011 · Senate

    Referred to joint committee on Finance by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 5, Noes 0

  14. Oct 26, 2011 · Senate

    Executive action taken

  15. Oct 26, 2011 · Senate

    Report introduction of Senate Amendment 1 recommended by joint committee on Finance, Ayes 15, Noes 0 by joint committee on Finance

  16. Oct 26, 2011 · Senate

    Report adoption of Senate Amendment 1 recommended by joint committee on Finance, Ayes 15, Noes 0

  17. Oct 26, 2011 · Senate

    Report passage as amended recommended by joint committee on Finance, Ayes 12, Noes 3

  18. Oct 26, 2011 · Senate

    Available for scheduling

  19. Oct 26, 2011 · Senate

    Placed on calendar 10-27-2011 pursuant to Senate Rule 18(1)

  20. Oct 27, 2011 · Senate

    Read a second time

  21. Oct 27, 2011 · Senate

    Senate amendment 1 adopted

  22. Oct 27, 2011 · Senate

    Senate amendment 2 offered by Senator Cowles

  23. Oct 27, 2011 · Senate

    Senate amendment 2 adopted

  24. Oct 27, 2011 · Senate

    Ordered to a third reading

  25. Oct 27, 2011 · Senate

    Rules suspended

  26. Oct 27, 2011 · Senate

    Read a third time and passed, Ayes 17, Noes 15

  27. Oct 27, 2011 · Senate

    Ordered immediately messaged

  28. Oct 31, 2011 · Assembly

    Received from Senate

  29. Oct 31, 2011 · Assembly

    Read first time and referred to calendar 11-1-2011 pursuant to Assembly Rule 93

  30. Nov 3, 2011 · Assembly

    Rules suspended to withdraw from calendar and take up

  31. Nov 3, 2011 · Assembly

    Read a second time

  32. Nov 3, 2011 · Assembly

    Ordered to a third reading

  33. Nov 3, 2011 · Assembly

    Rules suspended

  34. Nov 3, 2011 · Assembly

    Read a third time and concurred in, Ayes 72, Noes 22, Paired 2

  35. Nov 3, 2011 · Assembly

    Ordered immediately messaged

  36. Nov 4, 2011 · Senate

    Received from Assembly concurred in

  37. Nov 9, 2011 · Senate

    Report correctly enrolled on 11-9-2011

  38. Nov 9, 2011 · Senate

    LRB correction

  39. Nov 15, 2011 · Senate

    Presented to the Governor on 11-15-2011

  40. Nov 18, 2011 · Senate

    Report approved by the Governor on 11-16-2011. 2011 Wisconsin Act 68

  41. Nov 18, 2011 · Senate

    Published 12-1-2011

Terms on this page

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote