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 .
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Introduced, passed
Oct 18, 2011
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Committee, passed
Approved
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Senate vote, passed
Passed Oct 27, 2011
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Assembly vote, passed
Passed 72 to 22
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Governor, passed
Signed
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Law, here now
2011 Wisconsin Act 68
Latest entry in the official record, Nov 18, 2011: “Published 12-1-2011”
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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
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 Show less
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 Hide the 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 Hide the names
D: Democrat, R: Republican
Yes (17)
- Alberta Darling (R, 8)
- Dale Schultz (R, 17)
- Frank G. Lasee (R, 1)
- Glenn Grothman (R, 20)
- Joe Leibham (R, 9)
- Leah Vukmir (R, 5)
- Luther S. Olsen (R, 14)
- Mary Lazich (R, 28)
- Michael Ellis (R, 19)
- Neal Kedzie (R, 11)
- Pam Galloway (R, 29)
- Rich Zipperer (R, 33)
- Rob Cowles (R, 2)
- Scott L. Fitzgerald (R, 13)
- Sheila Harsdorf (R, 10)
- Terry Moulton (R, 23)
- Van Wanggaard (R, 21)
No (15)
- Bob Wirch (D, 22)
- Chris Larson (D, 7)
- Dave Hansen (D, 30)
- Fred A. Risser (D, 26)
- Jennifer Shilling (D, 32)
- Jessica King (D, 18)
- Jim Holperin (D, 12)
- Julie M. Lassa (D, 24)
- Kathleen Vinehout (D, 31)
- Lena Taylor (D, 4)
- Mark Miller (D, 16)
- Robert Jauch (D, 25)
- Spencer Coggs (D, 6)
- Tim Carpenter (D, 3)
- Timothy Cullen (D, 15)
Didn't vote (1)
- Jon Erpenbach (D, 27)
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 Hide the names
D: Democrat, I: Independent, R: Republican
Yes (72)
- Alvin Ott (R, 3)
- Amy Loudenbeck (R, 31)
- Amy Sue Vruwink (D, 70)
- André Jacque (R, 1)
- Andy Jorgensen (D, 43)
- Bill Kramer (R, 97)
- Bob Ziegelbauer (I, 25)
- Brett Hulsey (D, 78)
- Chad Weininger (R, 4)
- Chris Danou (D, 92)
- Chris Kapenga (R, 33)
- Dale Kooyenga (R, 5)
- Dan Knodl (R, 24)
- Dan Meyer (R, 34)
- David Craig (R, 28)
- Dean Kaufert (R, 53)
- Dean Knudson (R, 30)
- Don Pridemore (R, 22)
- Duey Stroebel (R, 20)
- Edward Brooks (R, 50)
- Erik Severson (R, 28)
- Evan Wynn (R, 43)
- Garey Bies (R, 1)
- Gary Tauchen (R, 6)
- Howard Marklein (R, 17)
- Jason Fields (D, 11)
- Jeff Fitzgerald (R, 39)
- Jeff Mursau (R, 36)
- Jeffrey Stone (R, 82)
- Jeremy Thiesfeldt (R, 52)
- Jerry Petrowski (R, 29)
- Jim Ott (R, 23)
- Jim Steineke (R, 5)
- Joan Ballweg (R, 14)
- Joe Knilans (R, 44)
- Joel Kleefisch (R, 38)
- John Klenke (R, 88)
- John Murtha (R, 29)
- John Nygren (R, 89)
- John Steinbrink (D, 65)
- Karl Van Roy (R, 90)
- Kathleen Bernier (R, 23)
- Keith Ripp (R, 42)
- Kevin Petersen (R, 57)
- Lee Nerison (R, 96)
- Leon Young (D, 16)
- Louis Molepske Jr. (D, 71)
- Margaret Krusick (D, 7)
- Mark Honadel (R, 21)
- Mark Radcliffe (D, 92)
- Michelle Litjens (R, 56)
- Mike Endsley (R, 26)
- Mike Kuglitsch (R, 84)
- Nick Milroy (D, 73)
- Pat Strachota (R, 58)
- Paul F. Farrow (R, 33)
- Peter Barca (D, 64)
- Richard Spanbauer (R, 53)
- Robin Vos (R, 33)
- Roger Rivard (R, 75)
- Samantha Kerkman (R, 61)
- Scott Krug (R, 72)
- Scott Suder (R, 69)
- Steve Doyle (D, 94)
- Steve Kestell (R, 27)
- Steve Nass (R, 11)
- Thomas Larson (R, 67)
- Thomas Tiffany (R, 12)
- Tony Staskunas (D, 15)
- Travis Tranel (R, 49)
- Tyler August (R, 31)
- Warren Petryk (R, 93)
No (22)
- Barbara Toles (D, 17)
- Chris Taylor (D, 76)
- Christine Sinicki (D, 20)
- David Cullen (D, 13)
- Donna Seidel (D, 85)
- Elizabeth Coggs (D, 10)
- Fred Clark (D, 81)
- Frederick Kessler (D, 12)
- Gordon Hintz (D, 54)
- Janet Bewley (D, 25)
- Janis Ringhand (D, 15)
- JoCasta Zamarripa (D, 8)
- Jon Richards (D, 19)
- Josh Zepnick (D, 9)
- Kelda Roys (D, 26)
- Mark Pocan (D, 78)
- Penny Bernard Schaber (D, 57)
- Robert Turner (D, 61)
- Sandy Pasch (D, 10)
- Sondy Pope (D, 80)
- Tamara Grigsby (D, 18)
- Terese Berceau (D, 77)
Didn't vote (2)
- Gary Hebl (D, 46)
- Mary Williams (R, 87)
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
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Nov 18, 2011
The new law was published.
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Nov 18, 2011
The governor signed it. It became 2011 Wisconsin Act 68.
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Nov 15, 2011
Sent to the governor.
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Nov 3, 2011
The Assembly passed it too, 72 to 22.
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Oct 31, 2011
“Read first time and referred to calendar 11-1-2011 pursuant to Assembly Rule 93” (the official wording)
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Oct 31, 2011
The Assembly received it.
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Oct 27, 2011
The Senate passed it, 17 to 15.
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Oct 27, 2011
The Senate adopted it.
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Oct 26, 2011
The committee voted to recommend passing it, 12 to 3.
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Oct 26, 2011
“Report adoption of Senate Amendment 1 recommended by joint committee on Finance, Ayes 15, Noes 0” (the official wording)
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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)
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Oct 26, 2011
Sent to the Joint Committee on Finance.
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Oct 26, 2011
The committee voted to recommend passing it, 3 to 2.
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Oct 25, 2011
A state agency sent in its estimate of the cost.
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Oct 24, 2011
The committee held a public hearing.
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Oct 18, 2011
14 more representatives and 5 senators signed on in support.
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Oct 18, 2011
Sent to the Senate Committee on Public Health, Human Services, and Revenue.
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Oct 18, 2011
Introduced in the Senate.
See the official record, word for word Hide the official record
- Oct 18, 2011 · Senate
Introduced by committee on Senate Organization, by request of Governor Scott Walker, Senator Zipperer, and Representative Strachota
- Oct 18, 2011 · Senate
Read first time and referred to committee on Public Health, Human Services, and Revenue
- Oct 18, 2011 · Senate
Senator Zipperer added as a coauthor
- Oct 18, 2011 · Senate
Representative Strachota added as a cosponsor
- Oct 18, 2011 · Senate
Senators Galloway, Grothman, Darling and Lasee added as coauthors
- Oct 18, 2011 · Senate
Representatives Kooyenga, Craig, Knodl, Endsley, Kestell, LeMahieu, Kaufert, Marklein, Vos, A. Ott, Litjens, Jacque and Mursau added as a cosponsors
- Oct 24, 2011 · Senate
Public hearing held
- Oct 25, 2011 · Senate
Fiscal estimate received
- Oct 25, 2011 · Senate
Fiscal estimate received
- Oct 26, 2011 · Senate
Executive action taken
- Oct 26, 2011 · Senate
Report passage recommended by committee on Public Health, Human Services, and Revenue, Ayes 3, Noes 2
- Oct 26, 2011 · Senate
Available for scheduling
- 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
- Oct 26, 2011 · Senate
Executive action taken
- 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
- Oct 26, 2011 · Senate
Report adoption of Senate Amendment 1 recommended by joint committee on Finance, Ayes 15, Noes 0
- Oct 26, 2011 · Senate
Report passage as amended recommended by joint committee on Finance, Ayes 12, Noes 3
- Oct 26, 2011 · Senate
Available for scheduling
- Oct 26, 2011 · Senate
Placed on calendar 10-27-2011 pursuant to Senate Rule 18(1)
- Oct 27, 2011 · Senate
Read a second time
- Oct 27, 2011 · Senate
Senate amendment 1 adopted
- Oct 27, 2011 · Senate
Senate amendment 2 offered by Senator Cowles
- Oct 27, 2011 · Senate
Senate amendment 2 adopted
- Oct 27, 2011 · Senate
Ordered to a third reading
- Oct 27, 2011 · Senate
Rules suspended
- Oct 27, 2011 · Senate
Read a third time and passed, Ayes 17, Noes 15
- Oct 27, 2011 · Senate
Ordered immediately messaged
- Oct 31, 2011 · Assembly
Received from Senate
- Oct 31, 2011 · Assembly
Read first time and referred to calendar 11-1-2011 pursuant to Assembly Rule 93
- Nov 3, 2011 · Assembly
Rules suspended to withdraw from calendar and take up
- Nov 3, 2011 · Assembly
Read a second time
- Nov 3, 2011 · Assembly
Ordered to a third reading
- Nov 3, 2011 · Assembly
Rules suspended
- Nov 3, 2011 · Assembly
Read a third time and concurred in, Ayes 72, Noes 22, Paired 2
- Nov 3, 2011 · Assembly
Ordered immediately messaged
- Nov 4, 2011 · Senate
Received from Assembly concurred in
- Nov 9, 2011 · Senate
Report correctly enrolled on 11-9-2011
- Nov 9, 2011 · Senate
LRB correction
- Nov 15, 2011 · Senate
Presented to the Governor on 11-15-2011
- Nov 18, 2011 · Senate
Report approved by the Governor on 11-16-2011. 2011 Wisconsin Act 68
- 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
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