Gwyn Guenther, President, The Wheeler Report

February 16, 2026

Session Days


Speaker Vos continues to say the Assembly will complete the session on Thursday, while the Senate intends to meet in March. 


  • The State of the State will be held Tuesday, the 17th at 7pm. It will be steamed on WisconsinEye.


  • The Assembly will likely be in session Tuesday, Wednesday, and Thursday (2/17, 2/18, and 2/19).

ï»ż

  • It is expected the Senate will meet on Wednesday (2/18).


Not Seeking Reelection

 

The end of session is when most legislators who have decided not to seek reelection announce their intention. While it can be expected that more announcements will come in the next few weeks, only two have publicly announced so far:



Dueling Tax Proposals


Republican leadership in the Senate and Assembly are not on the same page with tax proposals, and the evidence became public this week.


Senate Republicans introduced SB-001 (with funding in SB-995) providing a one-time income tax rebate. The proposal included all but two of the Senate Republicans as co-authors: Sen. Jacque (R-New Franken) and Sen. Marklein (R-Spring Green). According to the LRB analysis:


This bill provides a onetime rebate to taxpayers who filed a Wisconsin individual income tax return for tax year 2024 and who owed Wisconsin individual income tax for that year. The rebate is $1,000 for married persons filing a joint return and $500 dollars for all other individuals. The rebate payment may not exceed the amount of the taxpayer’s 2024 net income tax liability.


Under the bill, the Department of Revenue will issue the rebate payments without the taxpayers having to take any further action. The bill provides that the payments be made no later than September 15, 2026. If a taxpayer does not receive the amount of payment for which he or she is eligible, the taxpayer may file a claim with DOR by using a portal on DOR’s website. No claims may be made after December 31, 2026.


Meanwhile, Speaker Vos (R-Rochester) told media he has been negotiating with Governor Evers on a property tax cut that could include increased revenue for Special Education since the budget aimed for 42% and 45% but fell short because of low estimates from the Department of Public Instruction. The sticking point for the Assembly Republicans with the Governor appears to be the 400-year veto from Governor Evers. While Vos has spoken openly about negotiations, nothing has been made public or offered in the form of legislation.


When asked about the discrepancies between the two houses Speaker Vos said he is open to discussions, but he wants to ultimately see something that can get done and signed into law. Sen. LeMahieu said he believes the Assembly and Governor should be including the Senate in negotiations if they expect something to be done. 


Data Centers Continue to be an Issue

 

Several bills have been introduced regarding data centers, including:


  • AB-228 and SB-241 Data Center TIFs - Rep. Born (R-Beaver Dam) and Sen. Jagler (R-Watertown)
  • AB-245 and SB-244 Tax Exemption - Rep. Zimmerman (R-River Falls) and Sen. Quinn (R-Birchwood)
  • AB-722 and SB-729 Energy Customer Fees - Rep. Stroud (D-Ashland) and Sen. Habush Sinykin (D-Whitefish Bay)
  • AB-840 and SB-843 Data Centers - Rep. Zimmerman (R-River Falls) and Sen. Quinn (R-Birchwood)
  • SB-969 and AB-1036 Nondisclosure Agreements for Data Centers - Rep. Moses (R-Menomonie) and Sen. Jacque (R-New Franken)
  • LRB-5992 Data Centers Information - Sen. Jacque (R-New Franken)
  • LRB-6377 Data Center Moratorium - Sen. Larson (D-Milwaukee)


Wake Boats at Issue


Another local control versus state regulation issue has seized the Capitol, this time it’s about wake boats (a specialized motorboat designed to create a large, high-energy wake or wave, for activities like wake surfing and wakeboarding). AB-1033 was introduced and immediately scheduled for a hearing and executive session (Senate companion SB-1025 was introduced and referred to Senate Committee on Transportation and Local Government). According to the LRB analysis:


This bill regulates wakesurfing. The bill defines “wakesurfing” as surfing a motorboat’s wake, regardless of whether the person is being pulled by a tow rope attached to the motorboat that is producing the wake, or operating a motorboat in a manner that creates a wake that is, or is intended to be, surfed by another person.


Under current law, various regulations apply to water skiing, aquaplaning, or a similar activity, and under current law, wakesurfing likely falls under “aquaplaning” or a “similar activity.” The bill explicitly provides that aquaplaning includes wakesurfing and thereby applies the same safety regulations that apply to water skiing and aquaplaning to wakesurfing. These regulations include requiring an observer or a wide-angle mirror on the motorboat, restricting wakesurfing to between sunrise and sunset, prohibiting intoxicated wakesurfing, requiring a motorboat used for wakesurfing to stay more than 100 feet away from any occupied anchored boat, personal watercraft, or marked swimming area or public boat landing, and prohibiting a person engaged in wakesurfing from being within 100 feet, or allowing a tow rope to be within 100 feet, of a personal watercraft.


The bill generally prohibits a person from engaging in wakesurfing unless all of the following apply:

1. The motorboat is operated farther than 200 feet from a shoreline or dock, pier, boathouse, or other structure located completely or partly on the water.

2. The motorboat is operated farther than 200 feet from any person in the water or any occupied vessel.

3. Any person surfing on or across the wake of the motorboat or being towed on a board is wearing a personal flotation device prescribed by federal regulations.


The Wakesurfing restrictions under the bill and the current law restrictions that the bill explicitly applies to wakesurfing do not apply to a wakesurfing tournament, competition, exhibition, or trial that is authorized by the Department of Natural Resources or a municipality and where adequate lighting is provided.


The bill applies the same penalties to wakesurfing that apply to water skiing violations under current law.

ï»ż

Testimony and Press Releases:



ï»żRegistered Lobbying Positions:

Lakes at Stake Wisconsin

Against

League of Wisconsin Municipalities

Against

National Marine Manufacturers Assoc.

In-Favor

River Alliance of Wisconsin

Against

Sierra Club Wisconsin

Against

The Nature Conservancy

Against

Water Sports Industry Assoc.

In-Favor

Wisconsin Assoc. of Lakes

Against

Wisconsin Conservation Voters

Against

Wisconsin Green Fire

Against

Wisconsin Land and Water Conservation

Against

Wisconsin Towns Assoc.

Against

Wisconsin Trout Unlimited

Against

Wisconsin Watersports Coalition

In-Favor

Wisconsin Wetlands Assoc.

Against

Wisconsin Wildlife Federation

Against

Then on Thursday, SB-1024 was introduced. According to the LRB analysis:


This bill imposes restrictions on the conduct of wake-enhanced boating specifies the authority of municipalities to regulate wake-enhanced boating. Under the bill, wake-enhanced boating is the operation of a motorboat in a manner that intentionally creates or enhances a wake for the purpose of wakesurfing, wakeboarding, or similar activities, including through the use of ballast tanks, wave-shaping devices, fins, or other mechanisms that displace water to increase wake size.


Under the bill, no person may conduct wake-enhanced boating on the waters of this state unless certain conditions are met at all times while the wake-enhanced boating is being conducted. Specifically, those conditions are that the wake-enhanced boating is conducted at least 500 feet away from the shoreline and in water with a depth of at least 20 feet. The bill specifies that these restrictions do not preempt or otherwise affect in any way the authority of a local governmental unit to enact more restrictive regulations of wake-enhanced boating.


Current law regulates the operation of boats, but allows a town, village, city, or public inland lake protection and rehabilitation district (municipality) to adopt ordinances that regulate boating under certain circumstances. This bill adds to the types of boating ordinances municipalities may adopt restrictions on wake-enhanced boating, including prohibitions on wake-enhanced boating in specified areas; minimum distances from shore, structures, or other boats; minimum water depths; time-of-day restrictions; or complete prohibitions on certain bodies of water.

ï»ż

The bill grants civil immunity to the state, any governmental subdivision or agency of the state, and any officer, official, agent, or employee of those entities that, in good faith, enacts, adopts, or enforces a boating ordinance that imposes restrictions on wake-enhanced boating that are more restrictive than those under state law.

Important Updates from the League


⭐ Senate Passes Two League Priorities: Last Wednesday, the Wisconsin State Senate convened and passed six bills supported by the League. This includes Assembly Bill (AB) 443, a priority of the League in 2026 to increase allowable municipal court fees. With the Assembly’s passage in January, and the full Senate approval last week, this bill now heads to the Governor for his action where we expect he will enact into law the first increase to municipal court fees in over a decade! Thank you to the authors, Representative Kaufert (R-Neenah) and Senator Wanggaard (R-Racine), for supporting Wisconsin’s 219 municipal courts!

 

Another priority of the League in 2026 also passed the Senate on a bipartisan vote. Senate Bill (SB) 556 proposes expanding utility aid payments provided to municipalities to include energy storage facilities. Presently these payments are only provided for energy generation facilities. Following Assembly action the following day, SB 556 now heads to the Governor’s desk. Thank you to the authors, Senator James (R-Thorp) and Representative Rodriguez (R-Oak Creek), for shepherding this important bill!

 

Other bills passed by the Senate include SB 480 to create the ability for municipalities to establish Residential Tax Incremental Districts outside of the 12% equalized value cap and SB 798 to codify the assured wetland delineator pilot program into law.

 

While the Senate’s actions last week are warmly welcomed to support the work of city and village leaders throughout the state, we’re still asking members to contact their Senators to encourage them to pass AB 194, a bill that removes barriers to accessing affordable housing development loans. More information on this call to action may be found in the February 9th edition of the Legislative Bulletin. 

 

⭐ Assembly Work Continues this Week: The Wisconsin State Assembly is set to convene this week as they prepare to wrap up their work in the 2025-2026 Legislative Session on Thursday. On their first floor day this Tuesday, the 17th, the Assembly will take up ten bills with League lobbying positions. This includes two League priorities.

 

AB 217 will double the statutory bidding and notice thresholds for public construction projects. These thresholds have not been raised in nearly three decades. AB 768 will prohibit, with certain exceptions, the operation of drones over utility facilities. Other initiatives on the calendar promote community EMTs, expand municipal options to advance affordable housing, and establish a responsible disposal program for lithium-ion batteries.

 

The League will recap the Assembly’s actions and give a more detailed synopsis of the Senate’s actions in next week’s edition of the Legislative Bulletin. If you’re interested in watching any of the Assembly’s planned actions this week, proceedings may be livestreamed on WisconsinEye’s website. 

 

⭐ Small Bridge and Culvert Program Webinar: In last week’s edition of the Legislative Bulletin, we highlighted the announcement of a new $30 million grant program for local governments to receive assistance with the cost of replacing a bridge or culvert under 20 feet that was rated in poor or severe condition by a recent inspection. The Wisconsin Department of Transportation (WisDOT) has announced that they will host a webinar on the new Local Small Structures Replacement Program on Thursday, February 19th at 2pm. The webinar may be watched on YouTube and program information may be found on WisDOT’s website. 

Email questions or comments to:

Toni Herkert, Government Affairs Director, therkert@lwm-info.org

Evan Miller, Government Affairs Specialist, emiller@lwm-info.org

Facebook  Twitter  LinkedIn  Web