2025 - 2026 LEGISLATURE
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2025 SENATE BILL 114
March 7, 2025 - Introduced by Senators JACQUE, TOMCZYK, DASSLER-ALFHEIM,
HABUSH SINYKIN, KEYESKI, LARSON, SPREITZER and WALL, cosponsored by
Representatives BRILL, KRUG, BROWN, J. JACOBSON, MIRESSE, MURSAU,
PALMERI, PRADO, RIVERA-WAGNER, SNYDER, STROUD, SUBECK, TUSLER,
WICHGERS, BEHNKE and UDELL. Referred to Committee on Agriculture and
Revenue.
AN ACT to amend 77.52 (13) and 77.53 (10); to create 77.51 (3h), 77.51 (3pq),
77.51 (4f) and 77.54 (75) of the statutes; relating to: sales and use tax
exemption for diapers and feminine hygiene products.
Analysis by the Legislative Reference Bureau
This bill creates a sales and use tax exemption for the sale of diapers and
feminine hygiene products.
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.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 77.51 (3h) of the statutes is created to read:
77.51 (3h) XDiaperY means an absorbent garment worn by humans who are
incapable of or have difficulty controlling their bladder or bowel movements.
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SECTION 2
SECTION 2. 77.51 (3pq) of the statutes is created to read:
77.51 (3pq) XFeminine hygiene productsY means tampons, panty liners,
menstrual cups, sanitary napkins, and other similar tangible personal property
designed for feminine hygiene in connection with the human menstrual cycle.
XFeminine hygiene productsY do not include grooming and hygiene products.
SECTION 3. 77.51 (4f) of the statutes is created to read:
77.51 (4f) XGrooming and hygiene productsY means soaps and cleaning
solutions, shampoo, toothpaste, mouthwash, antiperspirants, and suntan lotions
and screens.
SECTION 4. 77.52 (13) of the statutes is amended to read:
77.52 (13) For the purpose of the proper administration of this section and to
prevent evasion of the sales tax it shall be presumed that all receipts are subject to
the tax until the contrary is established. The burden of proving that a sale of
tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d),
or services is not a taxable sale at retail is upon the person who makes the sale
unless that person takes from the purchaser an electronic or a paper certificate, in
a manner prescribed by the department, to the effect that the property, item, good,
or service is purchased for resale or is otherwise exempt, except that no certificate is
required for the sale of tangible personal property, or items, property, or goods
under sub. (1) (b), (c), or (d), or services that are exempt under s. 77.54 (5) (a) 3., (7),
(7m), (8), (10), (11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42),
(44), (45), (46), (51), (52), (64), (66), (67), (71), and (72), and (75).
SECTION 5. 77.53 (10) of the statutes is amended to read:
77.53 (10) For the purpose of the proper administration of this section and to
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SECTION 5
prevent evasion of the use tax and the duty to collect the use tax, it is presumed
that tangible personal property, or items, property, or goods under s. 77.52 (1) (b),
(c), or (d), or taxable services sold by any person for delivery in this state is sold for
storage, use, or other consumption in this state until the contrary is established.
The burden of proving the contrary is upon the person who makes the sale unless
that person takes from the purchaser an electronic or paper certificate, in a manner
prescribed by the department, to the effect that the property, or items, property, or
goods under s. 77.52 (1) (b), (c), or (d), or taxable service is purchased for resale, or
otherwise exempt from the tax, except that no certificate is required for the sale of
tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or
(d), or services that are exempt under s. 77.54 (7), (7m), (8), (10), (11), (14), (15), (17),
(20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), (52), (64), (66),
(67), (71), and (72), and (75).
SECTION 6. 77.54 (75) of the statutes is created to read:
77.54 (75) The sales price from the sale of and the storage, use, or other
consumption of diapers and feminine hygiene products.
SECTION 7. Effective date.
(1) This act takes effect on the first day of the 3rd month beginning after
publication.
(END)
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