Assembly Bill 135
Allowing an individual income tax deduction for certain amounts contributed by a divorced or legally separated parent to his or her child's college savings account or college tuition and expenses program and limiting the deduction that may be claimed by a married person who files separately
Topics: Divorce, Income tax: Deduction, Legislature: Tax Exemptions, Joint Survey Committee on, Marriage, Scholarships and loans
Passed the Assembly, then stopped
The Assembly passed it on Mar 4, 2010, but the Senate never voted on it. A bill has to . To try again, a lawmaker would have to start a new bill.
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Introduced, passed
Mar 9, 2009
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Committee, passed
Approved
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Assembly vote, passed
Passed Mar 4, 2010
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Senate vote, stopped here
Stopped here. The Senate never voted on it.
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Governor, not reached
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Law, not reached
Latest entry in the official record, Apr 28, 2010: “Failed to concur in pursuant to ”
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Terms on this page
Second chamber's vote
A bill has to pass both the Assembly and the Senate in the same form before it goes to the governor.
Official term: Concurrence. More in the glossary
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
What it would have done
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
Under current law, there is a college tuition and expenses program, commonly referred to as "EdVest I," under which a contributor may purchase "tuition units" that can be used to pay qualified educational costs on behalf of a beneficiary. The purchase of the units is limited to parents, grandparents, aunts, uncles, legal guardians, trusts created on behalf of a beneficiary, or individuals purchasing units for their own use. Contributions made to an account set up under the program, up to a limit of $3,000 each year for each beneficiary, may be deducted from a contributor's income in the calculation of his or her income taxes if the beneficiary of the account is one of the following: the claimant; the claimant's child and the claimant's dependent under the Internal Revenue Code; the claimant's grandchild;
the claimant's great-grandchild; or the claimant's niece or nephew.
Read the full summary Show less
Also, under current law, there exists a college savings program, commonly referred to as "EdVest II," under which anyone may open an account for a prospective student, regardless of the contributor's relationship to the beneficiary. Individuals may open accounts for themselves, and a prospective student may be the beneficiary of more than one college savings account. Contributions made to an account set up under the program, up to a limit of $3,000 each year for each beneficiary, may be deducted from a contributor's income in the calculation of his or her income taxes if the beneficiary of the account is one of the following: the claimant; the claimant's child and the claimant's dependent under the Internal Revenue Code; the claimant's grandchild; the claimant's great-grandchild; or the claimant's niece or nephew.
Under this bill, an income tax deduction for amounts contributed to both EdVest I and EdVest II may be claimed by a divorced or legally separated parent of a child. The deduction may be claimed without regard to whether the child is his or her dependent.
Currently, the total amount for which a deduction may be claimed under EdVest I and EdVest II, per beneficiary, by any claimant, may not exceed $3,000 each year and, in the case of a married couple filing a joint return, the total annual deduction under these two programs, per beneficiary, claimed by the married couple may not exceed $3,000.
Under the bill, the total annual deduction under these two programs, per beneficiary, claimed by married parents who file jointly or separately, or by the divorced or legally separated parents of a child, may not exceed $3,000. The total annual deduction under the bill, under these two programs, per beneficiary, claimed by a married person who files separately may not exceed $1,500 per claimant. The total annual deduction under the bill, under these two programs, per beneficiary, claimed by a formerly married couple may not exceed a total of $3,000, or $1,500 per claimant, except that the former couple's divorce judgment may specify a different division of the $3,000 maximum that may be claimed by each former spouse.
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.
Who's behind it
15 lawmakers are its . 9 are Democrats and 6 are Republicans.
11 more lawmakers .
See all 26 names Hide the names
Authors (15)
- Terese Berceau · Democrat, Assembly
- Garey Bies · Republican, Assembly
- David Cullen · Democrat, Assembly
- Jason Fields · Democrat, Assembly
- Dean Kaufert · Republican, Assembly
- Steve Kestell · Republican, Assembly
- Louis Molepske Jr. · Democrat, Assembly
- Steve Nass · Republican, Senate
- Sondy Pope · Democrat, Assembly
- Jon Richards · Democrat, Assembly
- Kelda Roys · Democrat, Senate
- Jeff Smith · Democrat, Senate
- Scott Suder · Republican, Assembly
- Robin Vos · Republican, Assembly
- Josh Zepnick · Democrat, Assembly
Signed on in support (11)
- Alberta Darling · Republican, Senate
- Jon Erpenbach · Democrat, Senate
- Glenn Grothman · Republican, Senate
- Jim Holperin · Democrat, Senate
- Neal Kedzie · Republican, Senate
- Pat Kreitlow · Democrat, Senate
- Julie M. Lassa · Democrat, Senate
- John Lehman · Democrat, Senate
- Luther S. Olsen · Republican, Senate
- Jeffrey Plale · Democrat, Senate
- Lena Taylor · Democrat, Senate
What it would cost
State agencies filed a . Each opens as a PDF from the Legislature.
Versions and amendments
Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.
How lawmakers voted
There were 2 votes on this bill.
Assembly Committee on Colleges and Universities vote on an amendment
Passed, 11 to 0 · Nov 24, 2009
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report Assembly Substitute Amendment 3 adoption recommended by committee on Colleges and Universities, Ayes 11, Noes 0”. Official record · This vote on its own page
Assembly vote
Passed, 9 to 0 · Feb 17, 2010
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report of joint survey committee on Tax Exemptions received, Ayes 9, Noes 0”. Official record · This vote on its own page
What happened
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Apr 28, 2010
The session ended, and the bill died with it.
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Mar 8, 2010
Sent to the Joint Committee on Finance.
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Mar 5, 2010
The Senate received it.
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Mar 4, 2010
The Assembly passed it.
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Mar 4, 2010
The Assembly adopted it.
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Feb 17, 2010
Sent to the Assembly Committee on Rules.
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Feb 17, 2010
“Report of joint survey committee on Tax Exemptions received, Ayes 9, Noes 0” (the official wording)
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Nov 24, 2009
Sent to the Assembly Committee on joint survey committee on Tax Exemptions.
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Nov 24, 2009
The committee voted to recommend passing it, 11 to 0.
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Jul 8, 2009
The committee held a public hearing.
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Mar 19, 2009
A state agency sent in its estimate of the cost.
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Mar 9, 2009
Sent to the Assembly Committee on Colleges and Universities.
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Mar 9, 2009
Introduced in the Assembly.
See the official record, word for word Hide the official record
- Mar 9, 2009 · Assembly
Introduced by Representatives Molepske Jr., Roys, Cullen, Nass, Berceau, Suder, Vos, Richards, Kaufert, Smith, Pope-Roberts, Bies, Zepnick, Kestell and Fields;Cosponsored by Senators Lassa, Taylor, Kreitlow, Holperin, Darling, Lehman, Erpenbach, Plale, Grothman, Olsen and Kedzie
- Mar 9, 2009 · Assembly
Read first time and referred to committee on Colleges and Universities
- Mar 19, 2009 · Assembly
Fiscal estimate received
- May 6, 2009 · Assembly
Assembly substitute amendment 1 offered by Representatives Molepske Jr. and Roys
- Jul 8, 2009 · Assembly
Public hearing held
- Oct 20, 2009 · Assembly
Assembly substitute amendment 2 offered by Representatives Molepske Jr. and Roys
- Oct 28, 2009 · Assembly
Assembly substitute amendment 3 offered by Representative Molepske Jr.
- Oct 29, 2009 · Assembly
Executive action taken
- Nov 24, 2009 · Assembly
Report Assembly Substitute Amendment 3 adoption recommended by committee on Colleges and Universities, Ayes 11, Noes 0
- Nov 24, 2009 · Assembly
Report passage as amended recommended by committee on Colleges and Universities, Ayes 11, Noes 0
- Nov 24, 2009 · Assembly
Referred to joint survey committee on Tax Exemptions
- Feb 17, 2010 · Assembly
Report of joint survey committee on Tax Exemptions received, Ayes 9, Noes 0
- Feb 17, 2010 · Assembly
Referred to committee on Rules
- Mar 2, 2010 · Assembly
Placed on calendar 3-4-2010 by committee on Rules
- Mar 4, 2010 · Assembly
Read a second time
- Mar 4, 2010 · Assembly
Assembly substitute amendment 3 adopted
- Mar 4, 2010 · Assembly
Ordered to a third reading
- Mar 4, 2010 · Assembly
Rules suspended
- Mar 4, 2010 · Assembly
Read a third time and passed
- Mar 4, 2010 · Assembly
Ordered immediately messaged
- Mar 5, 2010 · Senate
Received from Assembly
- Mar 8, 2010 · Senate
Read first time and referred to joint committee on Finance
- Apr 28, 2010 · Senate
Failed to concur in pursuant to Senate Joint Resolution 1
Terms on this page
Second chamber's vote
A bill has to pass both the Assembly and the Senate in the same form before it goes to the governor.
Official term: Concurrence. More in the glossary
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Second chamber's vote
A bill has to pass both the Assembly and the Senate in the same form before it goes to the governor.
Official term: Concurrence
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote