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Bills from the 2009–10 session

Senate Bill 106

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

Stopped before the full Senate voted

The recommended passing it, but the full Senate never voted on it. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Mar 11, 2009

  2. Committee, passed

    Approved

  3. Senate vote, stopped here

    Stopped here. The full Senate never voted on it.

  4. Assembly vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Apr 28, 2010: “Failed to pass pursuant to ⁠”

Read the bill

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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

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

11 senators are its ⁠. 7 are Democrats and 4 are Republicans.

12 more lawmakers ⁠.

See all 23 names

Authors (11)

Signed on in support (12)

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.

Senate Committee on Veterans and Military Affairs vote on an amendment

Passed, 5 to 0 · May 11, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report introduction of Senate Substitute Amendment 1 recommended by committee on Veterans and Military Affairs, Biotechnology, and Financial Institutions, Ayes 5, Noes 0 by committee on Veterans and Military Affairs, Biotechnology, and Financial Institutions”. Official record · This vote on its own page

Senate Committee on Veterans and Military Affairs vote on an amendment

Passed, 5 to 0 · May 11, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report adoption of Senate Substitute Amendment 1 recommended by committee on Veterans and Military Affairs, Biotechnology, and Financial Institutions, Ayes 5, Noes 0”. Official record · This vote on its own page

What happened

  1. Apr 28, 2010

    The session ended, and the bill died with it.

  2. May 12, 2009

    Sent to the Joint Committee on Finance.

  3. May 11, 2009

    The committee voted to recommend passing it, 5 to 0.

  4. May 11, 2009

    “Report adoption of Senate Substitute Amendment 1 recommended by committee on Veterans and Military Affairs, Biotechnology, and Financial Institutions, Ayes 5, Noes 0” (the official wording)

  5. May 11, 2009

    “Report introduction of Senate Substitute Amendment 1 recommended by committee on Veterans and Military Affairs, Biotechnology, and Financial Institutions, Ayes 5, Noes 0 by committee on Veterans and Military Affairs, Biotechnology, and Financial Institutions” (the official wording)

  6. Apr 1, 2009

    The committee held a public hearing.

  7. Mar 20, 2009

    A state agency sent in its estimate of the cost.

  8. Mar 11, 2009

    Sent to the Senate Committee on Veterans and Military Affairs, Biotechnology, and Financial Institutions.

  9. Mar 11, 2009

    Introduced in the Senate.

See the official record, word for word
  1. Mar 11, 2009 · Senate

    Introduced by Senators Lassa, Kreitlow, Taylor, Darling, Holperin, Lehman, Erpenbach, Plale, Grothman, Olsen and Kedzie;Cosponsored by Representatives Molepske Jr., Cullen, Roys, Suder, Berceau, Nass, Pope-Roberts, Bies, Vos, Zepnick, Kestell and Fields

  2. Mar 11, 2009 · Senate

    Read first time and referred to committee on Veterans and Military Affairs, Biotechnology, and Financial Institutions

  3. Mar 20, 2009 · Senate

    Fiscal estimate received

  4. Apr 1, 2009 · Senate

    Public hearing held

  5. May 6, 2009 · Senate

    Executive action taken

  6. May 11, 2009 · Senate

    Report introduction of Senate Substitute Amendment 1 recommended by committee on Veterans and Military Affairs, Biotechnology, and Financial Institutions, Ayes 5, Noes 0 by committee on Veterans and Military Affairs, Biotechnology, and Financial Institutions

  7. May 11, 2009 · Senate

    Report adoption of Senate Substitute Amendment 1 recommended by committee on Veterans and Military Affairs, Biotechnology, and Financial Institutions, Ayes 5, Noes 0

  8. May 11, 2009 · Senate

    Report passage as amended recommended by committee on Veterans and Military Affairs, Biotechnology, and Financial Institutions, Ayes 5, Noes 0

  9. May 11, 2009 · Senate

    Available for scheduling

  10. May 12, 2009 · Senate

    Referred to joint committee on Finance by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 5, Noes 0

  11. Apr 28, 2010 · Senate

    Failed to pass pursuant to Senate Joint Resolution 1

Terms on this page

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

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

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

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

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

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