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Bills from the 2021–22 session

Assembly Bill 189

Expanding applicability of the room tax, making substantive and technical changes to the local room tax, and providing a penalty

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 23, 2021

  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 15, 2022: “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 expands the applicability of the room tax, makes a number of substantive and technical changes to the local room tax in the areas of collections, audits, and the exchange of information between local governments and the Department of Revenue, establishes a common tax base between the sales tax and the room tax, and authorizes a municipality to impose a forfeiture on a marketplace provider that does not timely file a required room tax return to the municipality or pay the required tax. The forfeiture may not exceed 25 percent of the room tax due for the previous year or $5,000, whichever is less. A “marketplace provider” is defined as a person who facilitates a retail sale by a seller by listing or advertising, to the extent that the marketplace provider facilitates the sale or furnishing of rooms, lodging, or other accommodations to transients.

Currently, the room tax may be imposed by a municipality or a local exposition district on the privilege of furnishing rooms or lodging to transients by hotelkeepers, motel operators, lodging marketplaces, and other persons who furnish such accommodations. Under the bill, the room tax may be imposed by a municipality or district on the sales price from selling or furnishing rooms or lodging to transients by hotelkeepers, motel operators, and others.

Read the full summary

2019 Wisconsin Act 10 in effect requires lodging marketplaces to collect and remit sales taxes from third parties.

Under this bill, for transactions that occur through a marketplace provider, the marketplace provider generally collects any room tax due from a marketplace seller (a seller who sells products through a physical or electronic marketplace operated by a marketplace provider), and forwards it to the municipality on a quarterly basis, along with a form prepared by DOR. The form must include the total sales for properties located in a municipality with a room tax, the total number of nights such properties were rented, the room tax rate, and the total tax collected. Annually, beginning 90 days after the bill's effective date, DOR is required to post on its website the name of each municipality that imposes a room tax, and the rate of each room tax.

Under current law and the bill, to enforce the collection of a room tax imposed by a municipality or local exposition district, if such entities have probable cause to believe that the correct amount of room tax has not been assessed or that a room tax return is incorrect, they may inspect and audit the financial records of any person subject to the room tax. Under current law, a person who fails to comply with a request to inspect and audit such records is subject to a forfeiture not exceeding 5 percent of the room tax imposed or 5 percent of what the municipality or district determines the room tax should be, according to its best judgment. Under the bill, this same forfeiture may be imposed on a marketplace provider if the municipality or district has made three requests to inspect and audit the requested records and the marketplace provider fails to respond or comply with the request.

The technical changes made by the bill include the following:

1. Requires counties to provide DOR with the complete county tax roll.

2. Applies to the room tax a number of definitions that currently apply to the general sales and use tax.

3. Authorizes a municipality or district performing an audit related to the room tax to conduct joint audits with other such entities and to exchange audit information with DOR and any municipality that took part in the joint audit.

Who's behind it

16 lawmakers are its ⁠. 11 are Republicans and 5 are Democrats.

4 more lawmakers ⁠.

See all 20 names

Authors (16)

Signed on in support (4)

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.

Assembly Committee on Local Government vote on an amendment

Passed, 9 to 0 · Jun 16, 2021

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 Local Government, Ayes 9, Noes 0”. Official record · This vote on its own page

Assembly Committee on Local Government vote on an amendment

Passed, 9 to 0 · Jun 16, 2021

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

Official motion: “Report Assembly Amendment 2 adoption recommended by Committee on Local Government, Ayes 9, Noes 0”. Official record · This vote on its own page

Assembly Committee on Local Government vote to recommend it

Passed, 9 to 0 · Jun 16, 2021

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 Local Government, Ayes 9, Noes 0”. Official record · This vote on its own page

What happened

  1. Mar 15, 2022

    The session ended, and the bill died with it.

  2. Jun 16, 2021

    Sent to the Assembly Committee on Rules.

  3. Jun 16, 2021

    The committee voted to recommend passing it, 9 to 0.

  4. Apr 15, 2021

    The committee held a public hearing.

  5. Apr 8, 2021

    1 more representative signed on in support.

  6. Mar 23, 2021

    Sent to the Assembly Committee on Local Government.

  7. Mar 23, 2021

    Introduced in the Assembly.

See the official record, word for word
  1. Mar 23, 2021 · Assembly

    Introduced by Representatives Kitchens, Billings, Krug, Dallman, Duchow, Edming, Emerson, Mursau, L. Myers, Novak, J. Rodriguez, Rozar, Skowronski, Spiros, Spreitzer and Subeck; cosponsored by Senators Ballweg, Jacque and Ringhand

  2. Mar 23, 2021 · Assembly

    Read first time and referred to Committee on Local Government

  3. Apr 8, 2021 · Assembly

    Representative Armstrong added as a coauthor

  4. Apr 12, 2021 · Assembly

    Assembly Amendment 1 offered by Representative Kitchens

  5. Apr 15, 2021 · Assembly

    Public hearing held

  6. May 6, 2021 · Assembly

    Assembly Amendment 2 offered by Representative Kitchens

  7. May 18, 2021 · Assembly

    Executive action taken

  8. Jun 16, 2021 · Assembly

    Report Assembly Amendment 1 adoption recommended by Committee on Local Government, Ayes 9, Noes 0

  9. Jun 16, 2021 · Assembly

    Report Assembly Amendment 2 adoption recommended by Committee on Local Government, Ayes 9, Noes 0

  10. Jun 16, 2021 · Assembly

    Report passage as amended recommended by Committee on Local Government, Ayes 9, Noes 0

  11. Jun 16, 2021 · Assembly

    Referred to committee on Rules

  12. Jun 16, 2021 · Assembly

    Placed on calendar 6-22-2021 by Committee on Rules

  13. Jun 22, 2021 · Assembly

    Laid on the table

  14. Mar 15, 2022 · 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

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

Roll call

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

Official term: Roll call vote