Wisconsin 2025 Regular Session Status: Passed Assembly Bipartisan · 10 R · 1 D cosponsors

AB 894 — Relating to: terms and conditions of gift certificates, gift cards, and other gift obligations and providing a penalty.

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the Assembly. Introduced January 23, 2026. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the Senate.

Prognosis

Likely to advance 74% · high confidence

Where this bill stands today.

Odds of enactment

Moderate

How often bills like it became law.

  • Passed Assembly

    Current position in the legislative process.

  • 12 sponsors

    1 primary, 11 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (10 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 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.

Summary

An Act to amend 165.25 (4) (ar); to create 100.56 of the statutes;

Bill Text

What changed in the latest version

89 added · 9 removed

Plain-language change summary

The bill AB 894 has been amended to clarify the definition of "gift obligation." Specifically, it now states that a "gift obligation" does not include items that are issued in paper form only. This change matters because it may impact how businesses handle paper gift certificates and their compliance with regulations regarding expiration dates and fees. By narrowing the definition, the bill aims to streamline the rules and ensure they apply primarily to electronic or reloadable gift items.

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- 2026 LEGISLATURE LRBa1003/1 MPG:wlj ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 894 February 6, 2026 - Offered by RepresentatOVAK.
- 2026 LEGISLATURE LRB-5965/1 MPG:ads&klm ASSEMBLY BILL 894 January 23, 2026 - Introduced by Representatives N OVAK , TRANEL , BROOKS , D ITTRICH, DOYLE, GUNDRUM , KREIBICH, O'CONNOR , PENTERMAN , EHNKE and W ICHGERS , cosponsored by Senator TESTIN.
At the locations indicated, amend the bill as follows:
Referred to Committee on State Affairs.
A N A CT to amend 165.25 (4) (ar);
to create 100.56 of the statutes;
relating to:
terms and conditions of gift certificates, gift cards, and other gift obligations and providing a penalty.
Analysis by the Legislative Reference Bureau This bill establishes certain terms and conditions with respect to gift certificates, gift cards, and similar items (gift obligations) that are consistent with federal law concerning such gift obligations.
Specifically, under the bill, no person may sell a gift obligation that has an expiration date that is earlier than five years after the date on which the gift obligation was sold or, if the gift obligation is reloadable, five years after the date on which funds were last loaded to the gift obligation.
The bill also includes limitations with respect to fees charged in connection with gift obligations.
Under the bill, no person may impose a dormancy, inactivity, or service fee on a gift obligation unless all of the following apply:
Page 2, line 6:
There has been no activity on the gift obligation in the one-year period ending on the date on which the fee is charged.
after “services.” insert ““Gift obligation” does not include such an obligation if issued in paper form only.”.
2.
The gift obligation states in a clear and conspicuous manner the amount of any such fee that may be charged, how often the fee may be charged, and, if applicable, that the fee may be charged for inactivity.
3.
No more than one such fee is charged in any given month.
The Department of Agriculture, Trade and Consumer Protection or a district - 2026 Legislature - 2 - LRB-5965/1 MPG:ads&klm ASSEMBLY BILL 894 SECTION 1 attorney may enforce the provisions of the bill by bringing an action for a civil penalty of up to $10,000.
Also, the bill creates a private right of action by which a person may recover the greater of twice the person’s pecuniary loss or $200 for each violation as well as the person’s costs and attorney fees.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1.
100.56 of the statutes is created to read:
100.56 Gift obligations.
(1) D EFINITION.
In this section, “gift obligation” means an obligation, evidenced by a gift certificate, gift card, or other object or document marketed as a gift, to accept the gift certificate, gift card, or other object or document from the holder as payment, up to a specified amount, for a person’s goods or services.
(2) E XPIRATION DATES .
No person may sell a gift obligation that has an expiration date that is earlier than 5 years after the date on which the gift obligation was sold or, if the gift obligation is reloadable, 5 years after the date on which funds were last loaded to the gift obligation.
(3) IMPOSITION OF FEES OR CHARGES .
No person may impose a dormancy, inactivity, or service fee with respect to a gift obligation unless all of the following apply:
(a) There has been no activity with respect to the gift obligation in the one- year period ending on the date on which the fee is charged.
(b) All of the following are stated clearly and conspicuously on the gift obligation:
1.
The amount of any dormancy, inactivity, or service fee that may be charged.
2.
How often such fee may be charged.
- 2026 Legislature - 3 - LRB-5965/1 MPG:ads&klm ASSEMBLY BILL 894 SECTION 1 3.
If applicable, that such fee may be charged for inactivity.
(c) No more than one fee is charged in any given month.
(4) PENALTIES AND REMEDIES .
(a) Any person who suffers a pecuniary loss because of a violation of this section may commence an action for the pecuniary loss.
If the person prevails, the person shall recover twice the amount of the pecuniary loss or $200 for each violation, whichever is greater, together with costs, including reasonable attorney fees, notwithstanding s.
814.04 (1).
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(b) The department may commence an action in the name of the state to restrain by temporary or permanent injunction a violation of this section.
Before entry of final judgment, the court may make any necessary orders to restore to any person any pecuniary loss suffered by the person because of the violation.
(c) The department or any district attorney may commence an action in the name of the state to recover a forfeiture to the state of not less than $100 nor more than $10,000 for each violation of this section.
S ECTION 2.
165.25 (4) (ar) of the statutes is amended to read:
165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss.
91.68, 93.73, 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.195, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50, 100.51, 100.55, 100.56, and 846.45 and chs.
126, 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.
S ECTION 3.
Initial applicability.
- 2026 Legislature - 4 - LRB-5965/1 MPG:ads&klm ASSEMBLY BILL 894 S ECTION 3 (1) This act first applies to a gift obligation, as defined in s.
100.56 (1), that is sold on the effective date of this subsection.
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Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Available for scheduling

  3. Report concurrence recommended by Committee on Agriculture and Revenue, Ayes 8, Noes 0

  4. Executive action taken

  5. Public hearing held

  6. Representative Sinicki added as a coauthor

  7. Representative Subeck added as a coauthor

  8. Read first time and referred to committee on Agriculture and Revenue

  9. Received from Assembly

  10. Ordered immediately messaged

  11. Read a third time and passed

  12. Rules suspended

  13. Ordered to a third reading

  14. Assembly Amendment 2 adopted

  15. Assembly Amendment 1 adopted

  16. Read a second time

  17. Made a special order of business at 11:43 AM on 2-19-2026 pursuant to Assembly Resolution 14

  18. Representative Donovan added as a coauthor

  19. Assembly Amendment 2 offered by Representative Novak

  20. Referred to committee on Rules

  21. Report passage as amended recommended by Committee on State Affairs, Ayes 10, Noes 0

  22. Report Assembly Amendment 1 adoption recommended by Committee on State Affairs, Ayes 10, Noes 0

  23. Executive action taken

  24. Assembly Amendment 1 offered by Representative Novak

  25. Public hearing held

  26. Read first time and referred to Committee on State Affairs

  27. Introduced by Representatives Novak, Tranel, Brooks, Dittrich, Doyle, Gundrum, Kreibich, O'Connor, Penterman, Behnke and Wichgers; cosponsored by Senator Testin

Sponsors

Sponsorship breakdown

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1 sponsors · 11 co-sponsors · 120 not signed on

Sponsors (1)

Co-sponsors (11)

Not signed on (120)

120 members have not signed on to this bill.

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"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.

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Votes

Subjects

finance agriculture
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Frequently asked questions

What does AB 894 do?
An Act to amend 165.25 (4) (ar); to create 100.56 of the statutes;
Who sponsors AB 894?
AB 894 is sponsored by Testin, Novak, Todd (Republican), Tranel, Travis (Republican), Brooks, Robert (Republican), Dittrich, Barbara (Republican), Doyle, Steve (Democrat), Gundrum, Rick (Republican), Kreibich, Rob (Republican), O'Connor, Jerry (Republican), Penterman, William (Republican), Behnke, Elijah (Republican), and Wichgers, Chuck (Republican).
What is the current status of AB 894?
This bill has passed the Assembly. Introduced January 23, 2026. It now moves to the second chamber.
Where can I track AB 894?
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