Relating to: farmland preservation agreements and tax credits. (FE)
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AB 133 — Relating to: farmland preservation agreements and tax credits. (FE)
Last action — Published 12-7-2023
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 31, 2023. Enacted.
Signed by Governor Tony Evers (Democratic) on December 06, 2023.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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19 sponsors
19 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (9 R · 5 D) — cross-party backing.
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Cleared a recorded vote
Passed 6 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
150 added · 11 removedPlain-language change summary
The recent amendment to Bill AB 133 has notably removed sections that previously detailed certain reporting requirements for the Department of Agriculture, Trade and Consumer Protection (DATCP) regarding farmland preservation agreements. Additionally, the amendment continues to lower the minimum length of these agreements from 15 years to 10 years, making it more accessible for farmland owners to participate and qualify for tax credits. This change matters because it simplifies the process for farmers, encouraging more to enter into preservation agreements, which could help to protect farmland and promote sustainable agricultural practices.
- 2024 LEGISLATURE LRBa0534/1LRB-0606/1 JK&KP:skwKP&MCP:amn ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 133 OctoberMarch 5,31, 2023 - OfferedIntroduced by RepresentatLDENBURGRepresentatives .LDENBURG , NOVAK, SHANKLAND , TRANEL , C.
AtA theNDERSON, locationsC indicated,ONSIDINE, amendHURD the, billJACOBSON as, follows:M URSAU, SCHMIDT , VANDER M EER, ARE , OERS, KRUG, NEDWESKI, ENTERMAN , SUBECK, MYERS and PRONSCHINSKE , cosponsored by Senators TESTIN, AYLOR , FAFF, SPREITZER, B ALLWEG, HESSELBEIN, MARKLEIN, QUINN, MITH , OMCZYK , ARPENTER , OYS , W ANGGAARD and C OWLES .
Referred to Committee on Agriculture.
A N A CT to amend 71.613 (2) (intro.), 71.613 (2) (a), 71.613 (2) (b), 71.613 (2) (c), 91.04 (intro.) and 91.62 (1) (a);
and to create 71.613 (1) (h) 4., 71.613 (2) (am), 71.613 (2) (bm), 71.613 (2) (cm), 71.613 (2) (d), 71.613 (2e) and 91.04 (2) (bm) of the statutes;
relating to:
farmland preservation agreements and tax credits.
Analysis by the Legislative Reference Bureau This bill makes the following changes involving farmland preservation agreements and farmland preservation tax credits:
PageDecreases 2,the lineminimum 8:required length of a farmland preservation agreement between the Department of Agriculture, Trade and Consumer Protection and a farmland owner to 10 years from 15 years.
deleteUnder thecurrent materiallaw, beginninga withfarmland thatowner linewho andenters endinginto a farmland preservation agreement with pageDATCP 3,may linebe 7.eligible to receive farmland preservation tax credits for his or her qualifying acres of farmland.
PageRequires 4,DATCP lineto 11:include in a report submitted to the Board of Agriculture, Trade and Consumer Protection, the Joint Committee on Finance, the standing committees of the legislature with jurisdiction over agriculture, the Department of Revenue, and the Department of Administration a review of the tax credit amounts for qualifying acres for the farmland preservation tax credit and recommendations for the tax credit levels for qualifying acres of farmland.
deleteCurrent thelaw materialrequires beginningDATCP withto thatsubmit linea report about farmland and endingthe withfarmland pagepreservation 5,program lineonce 9.every two years to the board, DOR, and DOA.
- 2024 Legislature - 2 - LRB-0606/1 KP&MCP:amn ASSEMBLY BILL 133 3.
Under the farmland preservation tax credit, increases from $7.50 to $10 the amount that may be claimed, per qualifying acre, for qualifying acres that are located in a farmland preservation zoning district but are not subject to a farmland preservation agreement.
4.
Under the farmland preservation tax credit, increases from $5 to $10 the amount that may be claimed, per qualifying acre, for qualifying acres that are subject to a farmland preservation agreement but are not located in a farmland preservation zoning district.
5.
Under the farmland preservation tax credit, increases from $10 to $12.50 the amount that may be claimed, per qualifying acre, for qualifying acres that are located in a farmland preservation zoning district and are subject to a farmland preservation agreement.
6.
Adds a new category of farmland that qualifies for the farmland preservation tax credit.
A credit of $10 per acre may be claimed for farmland that is located in a farmland preservation area, but only to the extent that the acres are covered by an agricultural conservation easement.
The bill also indexes the farmland preservation tax credit dollar amounts described above for inflation.
For further information see the state 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.
71.613 (1) (h) 4.
of the statutes is created to read:
71.613 (1) (h) 4.
The farm is wholly or partially covered by an agricultural conservation easement purchased under s.
93.73, except that if the farm is only partially covered, the qualifying acres calculation includes only those acres that are covered by the agricultural conservation easement and located in a farmland preservation area, as defined in s.
91.01 (16), at the end of the taxable year to which the claim relates.
SECTION 2.
71.613 (2) (intro.) of the statutes is amended to read:
71.613(2) F ILING CLAIMS.
(intro.) Subject to sub.
(2e) and to limitations and conditions provided in sub.
(3), a claimant may claim as a credit against the tax imposed under s.
71.02, 71.23, or 71.43, an amount calculated by multiplying the LRB-0606/1 - 2024 Legislature - 3 - KP&MCP:amn SECTION 2 ASSEMBLY BILL 133 claimant's qualifying acres by one of the following amounts, and if the allowable amount of the claim exceeds the income taxes otherwise due on the claimant's income or if there are no Wisconsin income taxes due on the claimant's income, the amount of the claim not used as an offset against income taxes shall be certified by the department of revenue to the department of administration for payment to the claimant by check, share draft, or other draft from the appropriation under s.
20.835 (2) (do):
SECTION 3.
Show all 94 changed lines (54 more)
71.613 (2) (a) of the statutes is amended to read:
71.613 (2) (a) Ten dollarsept as provided in par.
(am), $10, if the qualifying acres are located in a farmland preservation zoning district and are also subject to a farmland preservation agreement that is entered into after July 1, 2009.
SECTION 4.
71.613 (2) (am) of the statutes is created to read:
71.613 (2) (am) For taxable years beginning after December 31, 2022, the amount that may be claimed per qualifying acre under par.
(a) shall be $12.50.
SECTION 5.
71.613 (2) (b) of the statutes is amended to read:
71.613(2) (b) Seven dollars and 50 cents Except as provided in par.
(bm), $7.50, if the qualifying acres are located in a farmland preservation zoning district but are not subject to a farmland preservation agreement that is entered into after July 1, 2009.
SECTION 6.
71.613 (2) (bm) of the statutes is created to read:
71.613 (2) (bm) For taxable years beginning after December 31, 2022, the amount that may be claimed per qualifying acre under par.
(b) shall be $10.
SECTION 7.
71.613 (2) (c) of the statutes is amended to read:
- 2024 Legislature - 4 - LRB-0606/1 KP&MCP:amn ASSEMBLY BILL 133 SECTION 7 71.613 (2) (c) Five dollarsept as provided in par.
(cm), $5, if the qualifying acres are subject to a farmland preservation agreement that is entered into after July 1, 2009, but are not located in a farmland preservation zoning district.
SECTION 8.
71.613 (2) (cm) of the statutes is created to read:
71.613 (2) (cm) For taxable years beginning after December 31, 2022, the amount that may be claimed per qualifying acre under par.
(c) shall be $10.
SECTION 9.
71.613 (2) (d) of the statutes is created to read:
71.613 (2) (d) For taxable years beginning after December 31, 2022, $10, if the qualifying acres are subject to sub.
(1) (h) 4., but only to the extent that such acres are covered by an agricultural conservation easement purchased under s.
93.73.
SECTION 10.
71.613 (2e) of the statutes is created to read:
71.613 (2e) INDEXING FOR INFLATION.(a) Except as provided in par.
(b), in August 2024, and every August thereafter, the department, in consultation with the department of agriculture, trade and consumer protection, shall increase the dollar amounts in sub.
(2) (am), (bm), (cm), and (d) by a percentage equal to the percentage change over the previous 12 months of an index of prices paid by farmers, as determined by the national agricultural statistics service of the U.S.
department of agriculture.
The adjustment may occur only if the resulting dollar amounts are greater than the corresponding amounts that were calculated for the previous year.
If an adjustment is not made in a previous year due to a negative change in the index, any subsequent adjustment shall be based on the percentage change in the index since August of the year that an adjustment under this paragraph last occurred, except that following a negative change in the index, no adjustment may occur under this paragraph until the current level of the index exceeds the highest level that the index had previously reached.
LRB-0606/1 - 2024 Legislature - 5 - KP&MCP:amn S ECTION 10 ASSEMBLY BILL 133 (b) In August 2024, and every August thereafter, if the department is unable to make the adjustment described in par.
(a) for a reason other than the resulting dollar amounts not being greater than the corresponding amounts calculated for the previous year, the department shall increase the dollar amounts in sub.
(2) (am), (bm), (cm), and (d) by a percentage equal to the percentage change over the previous 12 months of the consumer price index for all urban consumers, U.S.
city average, as determined by the U.S.
department of labor.
The adjustment may occur only if the resulting dollar amounts are greater than the corresponding amounts that were calculated for the previous year.
SECTION 11.
91.04 (intro.) of the statutes is amended to read:
91.04 Department to report.
(intro.) At least once every 2 years, beginning not later than December 31, 2011, the department shall submit a farmland preservation report to the joint committee on finance, the standing committees of the legislature with jurisdiction over agriculture under s.
13.172 (3), and the board of agriculture, trade and consumer protection and provide copies of the report to the department of revenue and the department of administration.
The department shall prepare the report in cooperation with the department of revenue and shall include all of the following in the report:
SECTION 12.
91.04 (2) (bm) of the statutes is created to read:
91.04 (2) (bm) The amount of the tax credits per qualifying acre, and the recommendations of the department for the tax credit amounts.
SECTION 13.
91.62 (1) (a) of the statutes is amended to read:
91.62 (1) (a) Specifies a term of at least 15rs.
Show all 94 changed rows (54 more)
View plain text versions (2)
- Bill Text View text pdf
- Amended Assembly Amendment 1 Current pdf
Action History
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Published 12-7-2023
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Report approved by the Governor on 12-6-2023. 2023 Wisconsin Act 42
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Presented to the Governor on 11-30-2023
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Report correctly enrolled on 11-15-2023
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Received from Senate concurred in
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Ordered immediately messaged
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Read a third time and concurred in, Ayes 31, Noes 2
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Rules suspended to give bill its third reading
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Ordered to a third reading
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Read a second time
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Rules suspended to withdraw from committee on Senate Organization and take up
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Read first time and referred to committee on Senate Organization
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Received from Assembly
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Ordered immediately messaged
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Representatives Cabrera, Drake and Rozar added as coauthors
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Read a third time and passed, Ayes 98, Noes 0
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Rules suspended
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Ordered to a third reading
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Assembly Amendment 1 adopted
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Read a second time
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Taken from the table
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Laid on the table
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Representatives Gustafson and O'Connor added as coauthors
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Placed on calendar 11-14-2023 by Committee on Rules
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Referred to committee on Rules
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Report passage as amended recommended by Joint Committee on Finance, Ayes 12, Noes 0
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Report Assembly Amendment 1 adoption recommended by Joint Committee on Finance, Ayes 8, Noes 4
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Executive action taken
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Referred to joint committee on Finance
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Report passage as amended recommended by Committee on Agriculture, Ayes 12, Noes 0
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Report Assembly Amendment 1 adoption recommended by Committee on Agriculture, Ayes 6, Noes 4
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Executive action taken
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Assembly Amendment 1 offered by Representative Oldenburg
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Representative Ratcliff added as a coauthor
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Representative Moore Omokunde added as a coauthor
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Fiscal estimate received
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Representative Billings added as a coauthor
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Public hearing held
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Fiscal estimate received
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Fiscal estimate received
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Read first time and referred to Committee on Agriculture
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Introduced by Representatives Oldenburg, Novak, Shankland, Tranel, C. Anderson, Considine, Hurd, Jacobson, Mursau, Schmidt, VanderMeer, Bare, Joers, Krug, Nedweski, Penterman, Subeck, Myers and Pronschinske; cosponsored by Senators Testin, Taylor, Pfaff, Spreitzer, Ballweg, Hesselbein, Marklein, Quinn, Smith, Tomczyk, Carpenter, Roys, Wanggaard and Cowles
Sponsors
- Oldenburg · Primary
- Todd Novak · Primary
- Shankland · Primary
- Travis Tranel · Primary
- Clinton Anderson · Primary
- Considine · Primary
- Karen Hurd · Primary
- Jenna Jacobson · Primary
- Jeffrey Mursau · Primary
- Schmidt · Primary
- Nancy VanderMeer · Primary
- Mike Bare · Primary
- Alex Joers · Primary
- Scott Krug · Primary
- Amanda Nedweski · Primary
- William Penterman · Primary
- Lisa Subeck · Primary
- Myers · Primary
- Treig Pronschinske · Primary
Sponsorship breakdown
Export CSV (upgrade) →19 sponsors · 0 co-sponsors · 113 not signed on · 2 voted No
Sponsors (19)
- Oldenburg
- Novak, Todd Republican
- Shankland
- Tranel, Travis Republican
- Anderson, Clinton Democrat
- Considine
- Hurd, Karen Republican
- Jacobson, Jenna Democrat
- Mursau, Jeffrey Republican
- Schmidt
- VanderMeer, Nancy Republican
- Bare, Mike Democrat
- Joers, Alex Democrat
- Krug, Scott Republican
- Nedweski, Amanda Republican
- Penterman, William Republican
- Subeck, Lisa Democrat
- Myers
- Pronschinske, Treig Republican
Co-sponsors (0)
None.
Not signed on (113)
113 members have not signed on to this bill.
Show all 113 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 44 | 0 | 0 | 0 |
| Democrat | 24 | 0 | 0 | 0 |
| Unaffiliated | 30 | 0 | 0 | 0 |
| Total | 98 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (98)
| Member | Party | Vote |
|---|---|---|
| BALDEH | — | Yea |
| BINSFELD | — | Yea |
| BODDEN | — | Yea |
| BRANDTJEN | — | Yea |
| CABRERA | — | Yea |
| CONLEY | — | Yea |
| CONSIDINE | — | Yea |
| EDMING | — | Yea |
| GOYKE | — | Yea |
| JOHNSON | — | Yea |
| KATSMA | — | Yea |
| MACCO | — | Yea |
| MAGNAFICI | — | Yea |
| MICHALSKI | — | Yea |
| MYERS | — | Yea |
| OHNSTAD | — | Yea |
| OLDENBURG | — | Yea |
| PETRYK | — | Yea |
| PLUMER | — | Yea |
| RETTINGER | — | Yea |
| RIEMER | — | Yea |
| ROZAR | — | Yea |
| SAPIK | — | Yea |
| SCHMIDT | — | Yea |
| SCHRAA | — | Yea |
| SCHUTT | — | Yea |
| SHANKLAND | — | Yea |
| SHELTON | — | Yea |
| SPEAKER | — | Yea |
| ANDERSON, J | — | Yea |
| Anderson, Clinton | Democrat | Yea |
| Andraca, Deb | Democrat | Yea |
| Bare, Mike | Democrat | Yea |
| Billings, Jill | Democrat | Yea |
| Clancy, Ryan | Democrat | Yea |
| Doyle, Steve | Democrat | Yea |
| Drake, Dora | Democrat | Yea |
| Emerson, Jodi | Democrat | Yea |
| Haywood, Kalan | Democrat | Yea |
| Hong, Francesca | Democrat | Yea |
| Jacobson, Jenna | Democrat | Yea |
| Joers, Alex | Democrat | Yea |
| Madison, Darrin | Democrat | Yea |
| McGuire, Tip | Democrat | Yea |
| Moore Omokunde, Supreme | Democrat | Yea |
| Neubauer, Greta | Democrat | Yea |
| Ortiz-Velez, Sylvia | Democrat | Yea |
| Palmeri, Lori | Democrat | Yea |
| Ratcliff, Melissa | Democrat | Yea |
| Sinicki, Christine | Democrat | Yea |
| Snodgrass, Lee | Democrat | Yea |
| Stubbs, Shelia | Democrat | Yea |
| Subeck, Lisa | Democrat | Yea |
| Vining, Robyn | Democrat | Yea |
| Allen, Scott | Republican | Yea |
| Armstrong, David | Republican | Yea |
| August, Tyler | Republican | Yea |
| Behnke, Elijah | Republican | Yea |
| Born, Mark | Republican | Yea |
| Brooks, Robert | Republican | Yea |
| Callahan, Calvin | Republican | Yea |
| Dallman, Alex | Republican | Yea |
| Dittrich, Barbara | Republican | Yea |
| Donovan, Bob | Republican | Yea |
| Duchow, Cindi | Republican | Yea |
| Goeben, Joy | Republican | Yea |
| Green, Chanz | Republican | Yea |
| Gundrum, Rick | Republican | Yea |
| Gustafson, Nate | Republican | Yea |
| Hurd, Karen | Republican | Yea |
| Kitchens, Joel | Republican | Yea |
| Krug, Scott | Republican | Yea |
| Maxey, Dave | Republican | Yea |
| Melotik, Paul | Republican | Yea |
| Moses, Clint | Republican | Yea |
| Murphy, David | Republican | Yea |
| Mursau, Jeffrey | Republican | Yea |
| Nedweski, Amanda | Republican | Yea |
| Neylon, Adam | Republican | Yea |
| Novak, Todd | Republican | Yea |
| O'Connor, Jerry | Republican | Yea |
| Penterman, William | Republican | Yea |
| Petersen, Kevin | Republican | Yea |
| Pronschinske, Treig | Republican | Yea |
| Rodriguez, Jessie | Republican | Yea |
| Snyder, Patrick | Republican | Yea |
| Sortwell, Shae | Republican | Yea |
| Spiros, John | Republican | Yea |
| Steffen, David | Republican | Yea |
| Summerfield, Rob | Republican | Yea |
| Swearingen, Rob | Republican | Yea |
| Tittl, Paul | Republican | Yea |
| Tranel, Travis | Republican | Yea |
| Tusler, Ron | Republican | Yea |
| VanderMeer, Nancy | Republican | Yea |
| Wichgers, Chuck | Republican | Yea |
| Wittke, Robert | Republican | Yea |
| Zimmerman, Shannon | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| Republican | 17 | 2 | 0 | 0 |
| Democrat | 9 | 0 | 0 | 0 |
| Total | 31 | 2 | 0 | 0 |
| % of votes cast | 94% | 6% | 0% | 0% |
How each member voted (33)
| Member | Party | Vote |
|---|---|---|
| AGARD | — | Yea |
| BALLWEG | — | Yea |
| JOHNSON | — | Yea |
| STROEBEL | — | Yea |
| COWLES | — | Yea |
| Carpenter, Tim | Democrat | Yea |
| Hesselbein, Dianne | Democrat | Yea |
| Larson, Chris | Democrat | Yea |
| Pfaff, Brad | Democrat | Yea |
| Roys, Kelda | Democrat | Yea |
| Smith, Jeff | Democrat | Yea |
| Spreitzer, Mark | Democrat | Yea |
| Taylor, Sequanna | Democrat | Yea |
| Wirch, Robert | Democrat | Yea |
| Bradley, Julian | Republican | Yea |
| Cabral-Guevara, Rachael | Republican | Yea |
| Felzkowski, Mary | Republican | Yea |
| Feyen, Dan | Republican | Yea |
| Hutton, Rob | Republican | Yea |
| Jacque, André | Republican | Yea |
| Jagler, John | Republican | Yea |
| James, Jesse | Republican | Yea |
| Kapenga, Chris | Republican | Nay |
| Knodl, Daniel | Republican | Yea |
| LeMahieu, Devin | Republican | Yea |
| Marklein, Howard | Republican | Yea |
| Nass, Steve | Republican | Yea |
| Quinn, Romaine | Republican | Yea |
| Stafsholt, Rob | Republican | Yea |
| Testin, Patrick | Republican | Yea |
| Tomczyk, Cory | Republican | Nay |
| Wanggaard, Van | Republican | Yea |
| Wimberger, Eric | Republican | Yea |
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- Who sponsors AB 133?
- AB 133 is sponsored by Oldenburg, Novak, Todd (Republican), Shankland, Tranel, Travis (Republican), Anderson, Clinton (Democrat), Considine, Hurd, Karen (Republican), Jacobson, Jenna (Democrat), Mursau, Jeffrey (Republican), Schmidt, VanderMeer, Nancy (Republican), Bare, Mike (Democrat), Joers, Alex (Democrat), Krug, Scott (Republican), Nedweski, Amanda (Republican), Penterman, William (Republican), Subeck, Lisa (Democrat), Myers, and Pronschinske, Treig (Republican).
- What is the current status of AB 133?
- This bill has been enacted into law. Introduced March 31, 2023. Enacted.
- Where can I track AB 133?
- Track AB 133 free on One Click Politics — get push/email alerts when it moves.
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