LRB-3910/1
RAC:kjf:rs
2003 - 2004 LEGISLATURE
December 23, 2003 - Introduced by
Joint Committee on Employment Relations.
Referred to Committee on Senate Organization.
SB362,2,2
1An Act to renumber 20.916 (9) (a) 1.;
to amend 16.53 (1) (cm), 20.916 (1), 20.916
2(1m), 20.916 (4) (title), 20.916 (4) (a), 20.916 (4) (b), 20.916 (4) (c), 20.916 (4) (d),
320.916 (4) (e), 20.916 (4m) (title), 20.916 (4m) (b), 20.916 (5) (title), 20.916 (5)
4(a), 20.916 (5) (b), 20.916 (7), 20.916 (8) (a), 20.916 (9) (b), 20.916 (9) (c), 20.916
5(9) (e), 20.916 (9) (f) 2., 20.916 (9) (f) 3., 20.917 (1) (a), 20.917 (1) (b), 20.917 (1)
6(c), 20.917 (1) (d), 20.917 (1) (e), 20.917 (2) (a), 20.917 (2) (b), 20.917 (2m), 20.917
7(3) (a) 3., 40.05 (4) (by) 1., 40.95 (1) (a) (intro.), 40.95 (2), 230.12 (9), 230.35 (1p)
8(b) (intro.) and 230.35 (4) (d) (intro.);
to repeal and recreate 20.916 (9) (d); and
9to create 20.916 (9) (a) 1d. and 230.35 (1p) (bm) of the statutes;
relating to:
10state employee travel and expense reimbursement; supplemental credits for
11the purchase of health insurance for dependents of state employees who die
12while employed by the state and state employees who are laid off and their
13surviving insured dependents; and use of earned annual leave under the state
1civil service system and granting an additional paid personal holiday for
2nonrepresented state employees.
Analysis by the Legislative Reference Bureau
This bill is introduced under s. 230.12, stats., which requires that it be put on
the calendar. The bill accomplishes certain statutory changes necessary to
implement the nonrepresented state employee compensation plan, as modified and
approved by the Joint Committee on Employment Relations. The bill does all of the
following:
Health insurance premium credits
Current law requires the Department of Employee Trust Funds to administer
a program that provides health insurance premium credits for the purchase of health
insurance by state employees who are retired under the Wisconsin Retirement
System (WRS) or who have attained 20 years of creditable service under the WRS
and have terminated state employment. The program is also available for the
surviving dependents of these individuals, provided they are insured at the time of
the individual's death. This bill provides that this program is available to the
surviving insured dependents of any state employee who dies while employed by the
state and to state employees who are laid off and their surviving insured dependents.
Earned annual leave
Under current law, nonrepresented state employees who are entitled to receive
either 200 hours or 216 hours of paid annual leave may elect to receive not more than
80 of those hours among the following options: 1) an amount not to exceed 40 hours
in cash; 2) as credit for termination leave; or 3) as accumulated sabbatical leave.
(Represented state employees may receive this benefit only if so provided in their
collective bargaining agreements.) This bill provides that nonrepresented state
employees who are entitled to receive 216 hours of paid annual leave may elect to
receive not more than 120 of those hours among the aforementioned options.
State employee travel and expense reimbursement
This bill makes minor and technical revisions to statutes governing state
employee travel expenses and reimbursements. Among the many changes are the
following:
1. The bill eliminates a $50 cap on the amount of moneys that a state agency
may advance a state employee for travel expenses and, instead, provides that any
travel expense advance may not exceed 80 percent of the estimated expense.
2. The bill makes consistent the requirement that a state employee may receive
payment only for actual, reasonable, and necessary travel expenses.
3. The bill provides that the director of the Office of State Employment
Relations must set, at least biennially, certain reimbursement rates for state
employees' use of privately owned automobiles or aircraft for state business.
Currently, these rates must be set every two years. The effect of this change is to
permit the director to set the reimbursement rates at any time, or at numerous times,
provided the rates are set at least every two years.
4. The bill requires that any state employee who uses his or her privately owned
airplane for state business must adhere to any license and insurance requirements
prescribed by the Department of Administration.
5. The bill clarifies that all travel by train for state business shall be by coach,
but only if coach is available.
6. The bill provides for direct payment of authorized moving expenses for state
employees instead of reimbursement. This change will permit the state to pay the
moving expenses directly instead of reimbursing the state employee for his or her
payment of the moving expenses.
7. The bill eliminates a $600 cap for certain stipends for state employees for
moving preparation and, instead, provides that this cap is to be established in the
state compensation plan.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB362, s. 1
1Section
1. 16.53 (1) (cm) of the statutes is amended to read:
SB362,3,62
16.53
(1) (cm)
Advancement of travel expenses. The head of a state agency may
,
3by presenting proper vouchers to the department of administration, advance money
4for travel expenses to employees.
Travel expenses shall be advanced only when the
5estimated expense is expected to exceed $50 and the Any travel advance shall not
6exceed 80% of the estimated expense.
SB362, s. 2
7Section
2. 20.916 (1) of the statutes is amended to read:
SB362,4,28
20.916
(1) Employees to be reimbursed. State officers and employees shall be
9reimbursed for actual, reasonable
, and necessary traveling expenses incurred in the
10discharge of their duties in accordance with sub. (9). The officers and employees of
11any state agency shall, when for reasons of economy or efficiency they are stationed
12at any other place than an official location of such state agency, receive their actual
,
1reasonable, and necessary traveling and other expenses when called to such official
2location for temporary service.
SB362, s. 3
3Section
3. 20.916 (1m) of the statutes is amended to read:
SB362,4,104
20.916
(1m) Reimbursement of volunteers. Except where reimbursement is
5required by law, an individual who volunteers his or her services to a state agency
6may, at the discretion of the appointing authority of the state agency receiving the
7services, be reimbursed by the state agency for actual
, reasonable, and necessary
8travel expenses incurred in the performance of the services. Reimbursement shall
9not exceed the maximum amounts established for state officers and employees under
10sub. (8).
SB362, s. 4
11Section
4. 20.916 (4) (title) of the statutes is amended to read:
SB362,4,1212
20.916
(4) (title)
Use of private privately owned automobiles.
SB362,4,2015
20.916
(4) (a) If any state agency determines that the duties of any employee
16require the use of an automobile, it may authorize such employee to use a
personal 17privately owned automobile in the employee's work for the state, and reimburse the
18employee for such
use at a rate
which is set
at least biennially by the office of state
19employment relations under sub. (8)
, subject to the approval of the joint committee
20on employment relations.
SB362, s. 6
21Section
6. 20.916 (4) (b) of the statutes is amended to read:
SB362,5,222
20.916
(4) (b) Upon recommendation of the head of the state agency and
23approval by the secretary of administration, an additional reimbursement at the rate
24of one cent per mile may be paid to any employee for the use of the employee's
25personal privately owned automobile when used as an emergency vehicle or under
1conditions
which that may cause excessive wear or depreciation
, including pulling
2trailers or
which under conditions that require the installation of special equipment.
SB362, s. 7
3Section
7. 20.916 (4) (c) of the statutes is amended to read:
SB362,5,144
20.916
(4) (c) For travel between points
convenient to be that are conveniently 5reached by railroad, bus
, or commercial airplane without unreasonable loss of time,
6the allowance for the use of a
personal privately owned automobile shall not exceed
7the lowest cost of the most practical means of public transportation between such
8points. The department of administration shall
give due consideration to the
9circumstances on each case when determining establish guidelines for the most
10practical means of public transportation. The cost of meals and lodging paid by the
11state and the cost of the use of a state-owned automobile not chargeable to an
12employee may not exceed the cost
which that would have been incurred had the most
13practical form of public transportation been used, at the most appropriate time, if a
14practical form of public transportation is available.
SB362, s. 8
15Section
8. 20.916 (4) (d) of the statutes is amended to read:
SB362,5,1816
20.916
(4) (d) All allowances for the use of a
personal privately owned 17automobile shall be paid upon the certification of the amounts payable by the head
18of the state agency to the department of administration.
SB362, s. 9
19Section
9. 20.916 (4) (e) of the statutes is amended to read:
SB362,5,2520
20.916
(4) (e) When an assigned or pool state-owned automobile is available
21and tendered to an employee, and the employee exercises the option to
utilize use the
22employee's
personal privately owned automobile on state business, the mileage
23allowance shall be at a rate equal to the approximate cost per mile of operation of
24state automobiles, including depreciation, as determined by the secretary of
25administration.
SB362, s. 10
1Section
10. 20.916 (4m) (title) of the statutes is amended to read:
SB362,6,22
20.916
(4m) (title)
Use of private privately owned motorcycles.
SB362,6,175
20.916
(4m) (b) Except as otherwise provided in this paragraph, if any state
6agency determines that an employee's duties require the use of a motor vehicle, and
7use of a
personal privately owned motor vehicle is authorized by the agency under
8similar circumstances, the agency shall authorize the employee to use a
personal 9privately owned motorcycle for the employee's duties and shall reimburse the
10employee for the use of the motorcycle at rates determined
at least biennially by the
11director of the office of state employment relations under sub. (8), subject to the
12approval of the joint committee on employment relations. No state agency may
13authorize an employee to use or reimburse an employee for the use of a
personal 14privately owned motorcycle under this paragraph if more than one individual is
15transported on the motorcycle. All allowances for the use of a motorcycle shall be
16paid upon approval and certification of the amounts payable by the head of the state
17agency for which the employee performs duties to the department of administration.
SB362, s. 12
18Section
12. 20.916 (5) (title) of the statutes is amended to read:
SB362,6,1919
20.916
(5) (title)
Use of private airplanes privately owned aircraft.
SB362,7,722
20.916
(5) (a)
Whenever any state agency determines that the duties of any
23member or employee require the use of an airplane, it If the use of a privately owned
24or chartered aircraft is more efficient and economical for the conduct of state
25business than commercial transportation, the head of a state agency may authorize
1him or her an employee to charter
such airplane an aircraft with or without a pilot;
2and
it may authorize any member or employee to use
his or her personal airplane a
3privately owned aircraft and reimburse
him or her
the member or employee for such
4use
of a privately owned aircraft at a rate set
at least biennially by the office of state
5employment relations under sub. (8), subject to the approval of the joint committee
6on employment relations.
Such reimbursement shall be made upon the certification
7of the amount by the head of the state agency to the department of administration.
SB362, s. 14
8Section
14. 20.916 (5) (b) of the statutes is amended to read:
SB362,7,149
20.916
(5) (b) The head of the state agency whose members or employees are
10authorized to use their own
airplanes aircraft in their work for the state shall
file
11with ensure that employees adhere to any license and insurance requirements
12prescribed by the department of administration
a list of all persons so authorized
13and the airplanes so to be used with a statement of the passenger capacity of each
14such airplane.
SB362, s. 15
15Section
15. 20.916 (7) of the statutes is amended to read: