Wisconsin Legislative Council
AMENDMENT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Memo published: February 12, 2024 Contact: Brian Larson, Senior Staff Attorney
2023 Senate Bill 616 Senate Amendment 1
2023 SENATE BILL 616
2023 Senate Bill 616 (SB 616) makes various changes to the statutes administered by the Department of
Revenue (DOR). This includes provisions creating a sales tax exemption for road-building equipment;
increasing the income tax withholding threshold for nonresidents; modifying certification requirements
for a qualified opportunity fund; modifying prohibitions on certain lottery games; and extending the
capital gains exclusion to family members who inherit certain farms organized as an entity.
SENATE AMENDMENT 1
In addition to the changes described above, Senate Amendment 1 (SA 1) modifies provisions created in
2023 Wisconsin Act 19 relating to a sales tax exemption for commercial loans. SA 1 clarifies that such
commercial loans must be related to a business or agricultural purpose located in this state, and the
exemption may first apply to tax years beginning in 2023.
SA 1 also modifies provisions created in 2023 Wisconsin Act 73 relating to an electronic vaping device
registry maintained by DOR and prohibiting the sale of electronic vaping devices that are not included
on the registry. The amendment authorizes DOR to create the registry and begin enforcement no later
than September 1, 2025, instead of March 1, 2025, as provided under Act 73.
Additionally, SA 1 creates a nonstatutory provision increasing the full-time equivalent positions for
DOR by 4.0 positions for cigarette, tobacco, and vapor enforcement, as of April 1, 2024, to be funded
from the permanent endowment fund created from the state’s tobacco settlement agreement. The
transfer from the permanent endowment fund to the Medical Assistance trust fund is reduced by the
amount appropriated for cigarette, tobacco, and vapor enforcement in each fiscal year.
BILL HISTORY
On November 7, 2023, Senator Marklein introduced SB 616. On January 15, 2024, the Senate
Committee on Universities and Revenue recommended passage of SB 616 on a vote of Ayes, 7; Noes, 1.
On February 7, 2024, Senator Marklein offered SA 1, and the Joint Committee on Finance
recommended adoption of SA 1, and passage of SB 616, as amended, on votes of Ayes, 15; Noes, 0.
For a full history of the bill, visit the Legislature’s bill history page.
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