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Bills · 2009-2010 Regular Session

SB 439

Became law Official bill text Atom feed

adopting Internal Revenue Code provisions related to individual retirement accounts and adopting provisions of the Heroes Earnings Assistance and Relief Tax Act of 2008 for state income and franchise tax purposes.

  1. Introduced, completed
  2. Passes Senate, completed
  3. Passes Assembly, completed
  4. Governor signs, completed
  5. Law, completed

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

Under federal law, section 512 of Public Law 109-222, the Tax Increase

Prevention and Reconciliation Act of 2005, allows taxpayers who have adjusted gross

income over $100,000 to convert amounts from a traditional individual retirement

account (IRA) to a Roth IRA and pay the federal tax on the IRA distribution over two

years. This bill adopts section 512 of Public Law 109-222 for state income and

franchise tax purposes.

This bill also adopts, for state income and franchise tax purposes, changes to

the Internal Revenue Code, made by the federal Heroes Earnings Assistance and

Relief Tax Act of 2008, that do all of the following:

1. Makes permanent the provision that allows members of the National Guard

and the U.S. military reserves to make, without penalty, withdrawals from

individual retirement accounts (IRAs), if they are called to active duty for a period

that exceeds 179 days.

2. Allows individuals who receive a military death gratuity to contribute that

amount to a Roth IRA, notwithstanding the annual contribution limit that would

otherwise apply.

3. Allows reservists called to active duty to withdraw amounts from their

health flexible spending accounts without incurring penalties.

4. Excludes from gross income any state or local bonus payment made to

members of the U.S. military or their dependents, if the payment was made because

of the member's service in a combat zone.

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.

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Sponsors

Introduced by: Darling (R) , Holperin (D) , Kreitlow (D) , Lassa (D) , Lehman (D) , Leibham (R) , Miller (D) , Plale (D) , Schultz (R) , Sullivan (D) , Taylor (D) , Vinehout (D) , Wirch (D)

24 cosponsors

Bernard Schaber (D) , Bies (R) , Carpenter (D) , Clark (D) , Dexter (D) , Fields (D) , Gunderson (R) , Hansen (D) , Harsdorf (R) , Hilgenberg (D) , Jauch (D) , Kedzie (R) , Kerkman (R) , Lothian (R) , Molepske Jr. (D) , Pope-Roberts (D) , Roys (D) , Staskunas (D) , Strachota (R) , Turner (D) , Vos (R) , Zepnick (D) , Ziegelbauer (I) , Zigmunt (D)

Votes

Senate: Report adoption of Senate Amendment 1 recommended by committee on Veterans and Military Affairs, Biotechnology, and Financial Institutions, Ayes 4, Noes 0

Passed 4–0 Feb 4, 2010 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Report adoption of Senate Amendment 1 recommended by joint committee on Finance, Ayes 16, Noes 0 by joint committee on Finance

Passed 16–0 Feb 16, 2010 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Read a third time and passed, Ayes 33, Noes 0

Passed 33–0 Feb 16, 2010 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Read a third time and concurred in, Ayes 93, Noes 0, Paired 2

Passed 93–0 Feb 25, 2010 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Full history

  1. Dec 23, 2009 · Senate

    Introduced by Senators Sullivan, Kreitlow, Holperin, Lehman, Leibham, Wirch, Plale, Miller, Lassa, Schultz, Darling, Vinehout and Taylor;Cosponsored by Representatives Molepske Jr., Dexter, Roys, Turner, Pope-Roberts, Ziegelbauer, Kerkman, Staskunas, Clark, Zepnick, Bernard Schaber, Strachota, Lothian, Bies, Fields, Gunderson, Vos and Zigmunt

  2. Dec 23, 2009 · Senate

    Read first time and referred to committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue

  3. Jan 4, 2010 · Senate

    Withdrawn from committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue and rereferred to committee on Veterans and Military Affairs, Biotechnology, and Financial Institutions, pursuant to Senate Rule 46 (2)(c)

  4. Jan 6, 2010 · Senate

    Representative Hilgenberg added as a cosponsor

  5. Jan 20, 2010 · Senate

    Public hearing held

  6. Jan 21, 2010 · Senate

    Fiscal estimate received

  7. Jan 21, 2010 · Senate

    Fiscal estimate received

  8. Jan 27, 2010 · Senate

    Senator Carpenter added as a coauthor

  9. Feb 2, 2010 · Senate

    Senate amendment 1 offered by Senator Sullivan

  10. Feb 2, 2010 · Senate

    Senate amendment 2 offered by Senator Sullivan

  11. Feb 3, 2010 · Senate

    Executive action taken

  12. Feb 4, 2010 · Senate

    Report adoption of Senate Amendment 1 recommended by committee on Veterans and Military Affairs, Biotechnology, and Financial Institutions, Ayes 4, Noes 0

  13. Feb 4, 2010 · Senate

    Report adoption of Senate Amendment 2 recommended by committee on Veterans and Military Affairs, Biotechnology, and Financial Institutions, Ayes 4, Noes 0

  14. Feb 4, 2010 · Senate

    Report passage as amended recommended by committee on Veterans and Military Affairs, Biotechnology, and Financial Institutions, Ayes 4, Noes 0

  15. Feb 4, 2010 · Senate

    Available for scheduling

  16. Feb 4, 2010 · Senate

    Report of joint survey committee on Tax Exemptions requested

  17. Feb 4, 2010 · Senate

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

  18. Feb 12, 2010 · Senate

    Senator Jauch added as a coauthor

  19. Feb 16, 2010 · Senate

    Executive action taken

  20. Feb 16, 2010 · Senate

    Report adoption of Senate Amendment 1 recommended by joint committee on Finance, Ayes 16, Noes 0 by joint committee on Finance

  21. Feb 16, 2010 · Senate

    Report adoption of Senate Amendment 2 recommended by joint committee on Finance, Ayes 16, Noes 0

  22. Feb 16, 2010 · Senate

    Report introduction of Senate Amendment 3 recommended by joint committee on Finance, Ayes 16, Noes 0

  23. Feb 16, 2010 · Senate

    Report adoption of Senate Amendment 3 recommended by joint committee on Finance, Ayes 16, Noes 0

  24. Feb 16, 2010 · Senate

    Report passage as amended recommended by joint committee on Finance, Ayes 15, Noes 1

  25. Feb 16, 2010 · Senate

    Available for scheduling

  26. Feb 16, 2010 · Senate

    Report of joint survey committee on Tax Exemptions received

  27. Feb 16, 2010 · Senate

    Senator Harsdorf added as a coauthor

  28. Feb 16, 2010 · Senate

    Senator Kedzie added as a coauthor

  29. Feb 16, 2010 · Senate

    Senator Hansen added as a coauthor

  30. Feb 16, 2010 · Senate

    Rules suspended to withdraw from committee on Senate Organization and take up

  31. Feb 16, 2010 · Senate

    Read a second time

  32. Feb 16, 2010 · Senate

    Senate amendment 1 adopted

  33. Feb 16, 2010 · Senate

    Senate amendment 2 adopted

  34. Feb 16, 2010 · Senate

    Senate amendment 3 adopted

  35. Feb 16, 2010 · Senate

    Ordered to a third reading

  36. Feb 16, 2010 · Senate

    Rules suspended

  37. Feb 16, 2010 · Senate

    Read a third time and passed, Ayes 33, Noes 0

  38. Feb 16, 2010 · Senate

    Ordered immediately messaged

  39. Feb 17, 2010 · Assembly

    Received from Senate

  40. Feb 17, 2010 · Assembly

    Read first time and referred to committee on Rules

  41. Feb 23, 2010 · Assembly

    Placed on calendar 2-25-2010 by committee on Rules

  42. Feb 25, 2010 · Assembly

    Rules suspended to withdraw from calendar and take up

  43. Feb 25, 2010 · Assembly

    Read a second time

  44. Feb 25, 2010 · Assembly

    Ordered to a third reading

  45. Feb 25, 2010 · Assembly

    Rules suspended

  46. Feb 25, 2010 · Assembly

    Read a third time and concurred in, Ayes 93, Noes 0, Paired 2

  47. Feb 25, 2010 · Assembly

    Ordered immediately messaged

  48. Feb 26, 2010 · Senate

    Received from Assembly concurred in

  49. Mar 5, 2010 · Senate

    Report correctly enrolled on 3-5-2010

  50. Mar 11, 2010 · Senate

    Presented to the Governor on 3-11-2010

  51. Mar 16, 2010 · Senate

    Report approved by the Governor on 3-15-2010. 2009 Wisconsin Act 161

  52. Mar 19, 2010 · Senate

    Published 3-29-2010