Assembly Bill 38
An income tax exemption for cash tips paid to an employee. (FE)
Topics: Income tax: Deduction, Legislature: Tax Exemptions, Joint Survey Committee on, Wage: Minimum
Passed the Assembly, then stopped
The Assembly passed it on Jan 15, 2026, but the Senate never voted on it. A bill has to . The last day for votes this session was Mar 19, 2026. To try again, a lawmaker would have to start a new bill.
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Introduced, passed
Feb 17, 2025
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Committee, passed
Approved
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Assembly vote, passed
Passed Jan 15, 2026
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Senate vote, stopped here
Stopped here. The Senate never voted on it.
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Governor, not reached
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Law, not reached
Latest entry in the official record, Mar 23, 2026: “Failed to concur in pursuant to ”
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The same bill was also filed in the Senate as SB 36. That version was vetoed.
Terms on this page
Second chamber's vote
A bill has to pass both the Assembly and the Senate in the same form before it goes to the governor.
Official term: Concurrence. 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
What it would have done
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
This bill creates an income tax exemption for cash tips received by an employee from the customers of the employee’s employer.
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
12 representatives are its . All 12 are Republicans.
11 more lawmakers .
See all 23 names Hide the names
Authors (12)
- Elijah Behnke · Republican, Assembly
- Chanz Green · Republican, Assembly
- Rick Gundrum · Republican, Assembly
- Rob Kreibich · Republican, Assembly
- Dave Maxey · Republican, Assembly
- Jeff Mursau · Republican, Assembly
- Will Penterman · Republican, Assembly
- Jim Piwowarczyk · Republican, Assembly
- Paul Tittl · Republican, Assembly
- Travis Tranel · Republican, Assembly
- Ron Tusler · Republican, Assembly
- Chuck Wichgers · Republican, Assembly
Signed on in support (11)
- Julian Bradley · Republican, Senate
- Rachael Cabral-Guevara · Republican, Senate
- Dan Feyen · Republican, Senate
- Gus Gustafson · Republican, Assembly
- Rob Hutton · Republican, Senate
- André Jacque · Republican, Senate
- Paul Melotik · Republican, Assembly
- Steve Nass · Republican, Senate
- Romaine Quinn · Republican, Senate
- David Steffen · Republican, Assembly
- Cory Tomczyk · 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 4 votes on this bill.
Assembly Committee on Ways and Means vote on an amendment
Passed, 10 to 0 · Sep 15, 2025
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report Assembly Substitute Amendment 1 adoption recommended by Committee on Ways and Means, Ayes 10, Noes 0”. Official record · This vote on its own page
Assembly Committee on Ways and Means vote to recommend it
Passed, 8 to 2 · Sep 15, 2025
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 8, Noes 2”. Official record · This vote on its own page
Assembly vote on an amendment
Passed, 52 to 42 · Jan 15, 2026
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Assembly Substitute Amendment 3 laid on table, Ayes 52, Noes 42”. Official record · This vote on its own page
Assembly vote to pass it
Passed, 61 to 33 · Jan 15, 2026 · 3 didn't vote
See how each of the 97 representatives voted Hide the names
D: Democrat, R: Republican
Yes (61)
- Adam Neylon (R, 15)
- Alex Dallman (R, 39)
- Amanda Nedweski (R, 32)
- Barbara Dittrich (R, 99)
- Ben DeSmidt (D, 65)
- Ben Franklin (R, 88)
- Bob Donovan (R, 61)
- Bob Wittke (R, 63)
- Brent Jacobson (R, 87)
- Calvin Callahan (R, 35)
- Chanz Green (R, 74)
- Chuck Wichgers (R, 84)
- Cindi Duchow (R, 97)
- Clint Moses (R, 92)
- Dan Knodl (R, 24)
- Dave Armstrong (R, 67)
- Dave Maxey (R, 83)
- Dave Murphy (R, 56)
- Dean Kaufert (R, 53)
- Duke Tucker (R, 75)
- Elijah Behnke (R, 6)
- Gus Gustafson (R, 55)
- Jeff Mursau (R, 36)
- Jenna Jacobson (D, 50)
- Jerry O'Connor (R, 60)
- Jessie Rodriguez (R, 21)
- Jill Billings (D, 95)
- Jim Piwowarczyk (R, 98)
- Jodi Emerson (D, 91)
- Joe Sheehan (D, 26)
- Joel Kitchens (R, 1)
- John Spiros (R, 86)
- Joy Goeben (R, 5)
- Karen Hurd (R, 69)
- Kevin Petersen (R, 57)
- Lindee Brill (R, 27)
- Mark Born (R, 37)
- Nancy VanderMeer (R, 70)
- Pat Snyder (R, 85)
- Paul Melotik (R, 22)
- Rick Gundrum (R, 58)
- Rob Brooks (R, 59)
- Rob Kreibich (R, 28)
- Rob Summerfield (R, 68)
- Rob Swearingen (R, 34)
- Robin Vos (R, 33)
- Ron Tusler (R, 3)
- Ryan Spaude (D, 89)
- Scott Allen (R, 82)
- Scott Krug (R, 72)
- Shae Sortwell (R, 2)
- Shannon Zimmerman (R, 30)
- Steve Doyle (D, 94)
- Tara Johnson (D, 96)
- Todd Novak (R, 51)
- Tony Kurtz (R, 41)
- Travis Tranel (R, 49)
- Treig Pronschinske (R, 29)
- Tyler August (R, 31)
- Vinnie Miresse (D, 71)
- Will Penterman (R, 38)
No (33)
- Alex Joers (D, 81)
- Andrew Hysell (D, 48)
- Angela Stroud (D, 73)
- Angelina Cruz (D, 62)
- Angelito Tenorio (D, 14)
- Ann Roe (D, 44)
- Brienne Brown (D, 43)
- Christian Phelps (D, 93)
- Christine Sinicki (D, 20)
- Clint Anderson (D, 45)
- Darrin Madison (D, 10)
- Deb Andraca (D, 23)
- Francesca Hong (D, 76)
- Greta Neubauer (D, 66)
- Joan Fitzgerald (D, 46)
- Kalan Haywood (D, 16)
- Karen DeSanto (D, 40)
- Karen Kirsch (D, 7)
- Lisa Subeck (D, 79)
- Lori Palmeri (D, 54)
- Margaret Arney (D, 18)
- Maureen McCarville (D, 42)
- Mike Bare (D, 80)
- Priscilla Prado (D, 9)
- Randy Udell (D, 47)
- Renuka Mayadev (D, 77)
- Russell Goodwin (D, 12)
- Ryan Clancy (D, 19)
- Sequanna Taylor (D, 11)
- Shelia Stubbs (D, 78)
- Supreme Moore Omokunde (D, 17)
- Sylvia Ortiz-Velez (D, 8)
- Tip McGuire (D, 64)
Didn't vote (3)
- David Steffen (R, 4)
- Lee Snodgrass (D, 52)
- Robyn Vining (D, 13)
Official motion: “PASSAGE”. Official record · This vote on its own page
What happened
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Mar 23, 2026
The session ended, and the bill died with it.
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Jan 16, 2026
Sent to the Senate Committee on Senate Organization.
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Jan 16, 2026
The Senate received it.
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Jan 15, 2026
The Assembly passed it, 61 to 33.
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Jan 15, 2026
The Assembly adopted it.
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Jan 14, 2026
1 more representative signed on in support.
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Nov 11, 2025
“Report of Joint Survey Committee on Tax Exemptions received” (the official wording)
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Nov 7, 2025
Sent to the Assembly Committee on joint survey committee on Tax Exemptions.
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Sep 15, 2025
Sent to the Assembly Committee on Rules.
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Sep 15, 2025
The committee voted to recommend passing it, 8 to 2.
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Aug 21, 2025
The committee held a public hearing.
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Jul 2, 2025
1 more representative signed on in support.
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Feb 28, 2025
A state agency sent in its estimate of the cost.
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Feb 18, 2025
1 more representative signed on in support.
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Feb 17, 2025
Sent to the Assembly Committee on Ways and Means.
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Feb 17, 2025
Introduced in the Assembly.
See the official record, word for word Hide the official record
- Feb 17, 2025 · Assembly
Introduced by Representatives Tusler, Behnke, Green, Gundrum, Kreibich, Maxey, Mursau, Penterman, Piwowarczyk, Tittl, Tranel and Wichgers; cosponsored by Senators Jacque, Bradley, Hutton, Cabral-Guevara, Feyen, Nass, Quinn and Tomczyk
- Feb 17, 2025 · Assembly
Read first time and referred to Committee on Ways and Means
- Feb 18, 2025 · Assembly
Representative Gustafson added as a coauthor
- Feb 28, 2025 · Assembly
Fiscal estimate received
- Jul 2, 2025 · Assembly
Representative Melotik added as a coauthor
- Aug 18, 2025 · Assembly
Assembly Substitute Amendment 1 offered by Representative Tusler
- Aug 21, 2025 · Assembly
Public hearing held
- Sep 4, 2025 · Assembly
Executive action taken
- Sep 15, 2025 · Assembly
Report Assembly Substitute Amendment 1 adoption recommended by Committee on Ways and Means, Ayes 10, Noes 0
- Sep 15, 2025 · Assembly
Report passage as amended recommended by Committee on Ways and Means, Ayes 8, Noes 2
- Sep 15, 2025 · Assembly
Referred to committee on Rules
- Nov 7, 2025 · Assembly
Referred to joint survey committee on Tax Exemptions pursuant to Assembly Rule 45 (4)
- Nov 11, 2025 · Assembly
Executive action taken by joint survey committee on Tax Exemptions
- Nov 11, 2025 · Assembly
Report of Joint Survey Committee on Tax Exemptions received
- Jan 13, 2026 · Assembly
Placed on calendar 1-15-2026 by Committee on Rules
- Jan 14, 2026 · Assembly
Assembly Substitute Amendment 2 offered by Representative Tusler
- Jan 14, 2026 · Assembly
Representative Steffen added as a coauthor
- Jan 15, 2026 · Assembly
Read a second time
- Jan 15, 2026 · Assembly
Assembly Substitute Amendment 3 offered by Representative Clancy
- Jan 15, 2026 · Assembly
Assembly Substitute Amendment 3 laid on table, Ayes 52, Noes 42
- Jan 15, 2026 · Assembly
Assembly Substitute Amendment 2 adopted
- Jan 15, 2026 · Assembly
Ordered to a third reading
- Jan 15, 2026 · Assembly
Rules suspended
- Jan 15, 2026 · Assembly
Read a third time and passed, Ayes 61, Noes 33, Paired 2
- Jan 15, 2026 · Assembly
Ordered immediately messaged
- Jan 16, 2026 · Senate
Received from Assembly
- Jan 16, 2026 · Senate
Read first time and referred to committee on Senate Organization
- Jan 16, 2026 · Senate
Available for scheduling
- Mar 23, 2026 · Senate
Failed to concur in pursuant to Senate Joint Resolution 1
Terms on this page
Second chamber's vote
A bill has to pass both the Assembly and the Senate in the same form before it goes to the governor.
Official term: Concurrence. 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
Second chamber's vote
A bill has to pass both the Assembly and the Senate in the same form before it goes to the governor.
Official term: Concurrence
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
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