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Bills from the 2017–18 session

Assembly Bill 140

Tax administration changes, the police and fire protection fee, defining restaurant for purposes of alcohol beverage regulation, lottery ticket couriers, background investigations of persons associated with the lottery, and providing a criminal penalty. (FE)

Stopped before the full Assembly voted

The recommended passing it, but the full Assembly never voted on it. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Mar 10, 2017

  2. Committee, passed

    Approved

  3. Assembly vote, stopped here

    Stopped here. The full Assembly never voted on it.

  4. Senate vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Mar 28, 2018: “Failed to pass pursuant to ⁠”

Read the bill

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What it would have done

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

This bill makes various changes to laws administered by the Department of Revenue.

Taxation The bill creates a sales and use tax exemption for patient health care records sold to the patient or a person that the patient authorizes to receive the records. The exemption is consistent with a recent Tax Appeals Commission decision. See Cannon & Dunphy, S.C. v. Wisconsin Dept. of Revenue (CCH 401-970).

Read the full summary

The bill also provides that tangible personal property transferred by a service provider in conjunction with the sale of a service is not considered incidental to the sale if the seller charges a separate and optional fee for the transferred property.

With regard to the county sales tax, the bill prohibits DOR from acting on any claim for a refund or adjustment of the tax after the end of the year that is four years after the year in which the county enacts an ordinance to repeal the tax.

The bill also replaces an obsolete reference to the definition of “active foreign business income” under the Internal Revenue Code with the actual language of that definition that existed prior to 2011. In addition, the bill modifies the law related to filing informational returns for the payment of wages, salaries, commissions, bonuses, and rent so that the same provisions that apply to individuals and corporations apply to tax-options corporations.

For purposes of claiming a capital gains income tax deferral or exclusion based on investments in a qualified business, the bill defines “investment” as amounts paid to acquire stock or other ownership interest in a partnership, corporation, tax-option corporation, or limited liability company treated as a partnership or corporation.

Under the bill, with regard to the administration of various excise taxes, DOR must publish on its Internet site a list of persons holding valid permits for the sale of cigarettes, tobacco products, and fermented malt beverages.

Finally, the bill makes technical changes related to the property tax assessment roll, filing duplicate paperwork with DOR regarding managed forest land, the charge-back of refunded or rescinded property taxes, the sales and use tax exemption for fuel and electricity consumed in manufacturing, and the administration of the food and beverage taxes imposed by an exposition district.

Unclaimed property The bill does not require DOR to pay interest to a person who receives the person's previously unclaimed property from the state if that property is a U.S.

savings bond. Under current law, DOR pays interest on unclaimed property received by a claimant if the property was interest bearing to the owner on the date that the person holding the property surrendered it to DOR.

Lottery The bill explicitly prohibits the operation of a ticket courier service to sell Wisconsin lottery tickets. Under the bill, a ticket courier service is a service operated for the purpose of purchasing Wisconsin lottery tickets on behalf of individuals located within or outside Wisconsin and delivering or transmitting those tickets, or electronic images of those tickets, to those individuals as a for-profit, business service. Currently, the Wisconsin Constitution generally prohibits the purchase of Wisconsin lottery tickets or participation in the lottery by use of the telephone, computer, or other electronic, telecommunication, video, or technological aid.

The bill specifies that DOR, with assistance of the Department of Justice, must repeat, every five years, the background investigation of lottery employees, the lottery administrator, and lottery vendors and certain associates of vendors. The bill also allows DOR, with assistance from DOJ, to conduct initial background investigations of any person who may come into contact with sensitive information associated with the lottery and any person who may have access to secured areas and requires DOR, with assistance from DOJ, to repeat the background investigation every five years.

The bill changes from $1,000 to $600 the amount of lottery prize winnings for which the lottery administrator must report the amounts of the winnings for the purpose of determining whether the winner owes taxes or delinquent child support.

DOR must withhold the owed taxes or child support from the lottery winnings.

Police and fire protection fee This bill makes changes to the administration of a fee charged for phone line connections and prepaid wireless telecommunications plans. Under current law, the Public Service Commission charges a communications provider or retailer a fee, known as the police and fire protection fee, for each phone line connection or prepaid wireless telecommunications plan provided by the communications provider or retailer. Current law also provides that the PSC may contract with DOR only for the collection of the fee for prepaid wireless telecommunications plans. The bill allows the PSC to contract with DOR to administer the collection of the fee for each phone line connection. If the PSC contracts with DOR for the collection of the fee, DOR may require communications providers and retailers to register with DOR, conduct audits of communications providers and retailers to ensure compliance with the fee, and collect delinquent fee payments. The bill provides that a communications provider or retailer may request a redetermination of the fee from DOR and may file an objection to that redetermination with the PSC.

Alcohol regulation; restaurants This bill changes the definition of “restaurant” for purposes relating to the licensing and regulation of alcohol beverage establishments, and makes a change to correspond to this definitional change. Under the bill, a place where meals are prepared or served or sold to the general public may qualify as a restaurant even if this is not the predominant activity at that place.

Because this bill relates to an exemption from state or local taxes, it may be referred to the Joint Survey Committee on Tax Exemptions for a report to be printed as an appendix to the bill.

Who's behind it

5 representatives are its ⁠. All 5 are Republicans.

1 more lawmaker ⁠.

See all 6 names

Authors (5)

Signed on in support (1)

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 2 votes on this bill.

Assembly Committee on Ways and Means vote on an amendment

Passed, 8 to 4 · May 9, 2017

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

Official motion: “Report Assembly Amendment 1 adoption recommended by Committee on Ways and Means, Ayes 8, Noes 4”. Official record · This vote on its own page

Assembly Committee on Ways and Means vote to recommend it

Passed, 10 to 2 · May 9, 2017

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

Official motion: “Report passage as amended recommended by Committee on Ways and Means, Ayes 10, Noes 2”. Official record · This vote on its own page

What happened

  1. Mar 28, 2018

    The session ended, and the bill died with it.

  2. May 10, 2017

    Sent to the Assembly Committee on Rules.

  3. May 9, 2017

    Sent to the Joint Committee on Finance.

  4. May 9, 2017

    The committee voted to recommend passing it, 10 to 2.

  5. Apr 6, 2017

    The committee held a public hearing.

  6. Mar 21, 2017

    A state agency sent in its estimate of the cost.

  7. Mar 15, 2017

    Sent to the Assembly Committee on Ways and Means.

  8. Mar 10, 2017

    Sent to the Assembly Committee on State Affairs.

  9. Mar 10, 2017

    Introduced in the Assembly.

See the official record, word for word
  1. Mar 10, 2017 · Assembly

    Introduced by Representatives Novak, E. Brooks, Ripp, Skowronski and Spiros; cosponsored by Senator Marklein

  2. Mar 10, 2017 · Assembly

    Read first time and referred to Committee on State Affairs

  3. Mar 15, 2017 · Assembly

    Withdrawn from committee on State Affairs and referred to committee on Ways and Means pursuant to Assembly Rule 42 (3)(c)

  4. Mar 21, 2017 · Assembly

    Fiscal estimate received

  5. Mar 21, 2017 · Assembly

    Fiscal estimate received

  6. Apr 6, 2017 · Assembly

    Public hearing held

  7. May 1, 2017 · Assembly

    Assembly Amendment 1 offered by Representative Novak

  8. May 4, 2017 · Assembly

    Executive action taken

  9. May 9, 2017 · Assembly

    Report Assembly Amendment 1 adoption recommended by Committee on Ways and Means, Ayes 8, Noes 4

  10. May 9, 2017 · Assembly

    Report passage as amended recommended by Committee on Ways and Means, Ayes 10, Noes 2

  11. May 9, 2017 · Assembly

    Referred to joint committee on Finance

  12. May 10, 2017 · Assembly

    Withdrawn from joint committee on Finance and referred to committee on Rules

  13. Mar 28, 2018 · Assembly

    Failed to pass pursuant to Senate Joint Resolution 1

Terms on this page

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. 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

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

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