Amendment ASA2-AB31

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2007 - 2008 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 2, TO 2007 ASSEMBLY BILL 31

February 20, 2007 - Offered by Representative Kaufert.

AB31-ASA2,1,4 An Act to renumber and amend 13.121 (4), 230.35 (2) and 757.02 (5); to amend 40.08 (3); and to create 13.121 (4) (b), 230.35 (2) (b) and 757.02 (5) (b) of the statutes; relating to: sick leave for legislators, justices and judges, and all other state elected officials.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB31-ASA2, s. 1 Section 1. 13.121 (4) of the statutes is renumbered 13.121 (4) (a) and amended to read:

AB31-ASA2,2,4 13.121 (4) (a) For the purpose of premium determinations under s. 40.05 (4) and (5) each member of the legislature shall accrue sick leave at a rate equivalent to a percentage of time worked recommended for such positions by the director of the office of state employment relations and approved by the joint committee on employment relations in the same manner as compensation for such positions is determined under s. 20.923, except as provided in par. (b). This percentage of time worked shall be applied to the sick leave accrual rate established under s. 230.35 (2). The approved percentage shall be incorporated into the compensation plan under s. 230.12 (1).

AB31-ASA2, s. 2 Section 2. 13.121 (4) (b) of the statutes is created to read:

AB31-ASA2,2,12 13.121 (4) (b) A member of the legislature shall accrue sick leave at 50 percent of the sick leave accrual rate established under s. 230.35 (2) for classified employees during any term of office that begins after the effective date of this paragraph .... [revisor inserts date]. A member of the legislature who is absent during a floor session day or who does not attend a public hearing or meeting of a committee on which he or she serves must claim sick leave for that session day or missed hearing or meeting.

AB31-ASA2, s. 3 Section 3. 40.08 (3) of the statutes is amended to read:

AB31-ASA2,2,22 40.08 (3) Waivers. Any participant, beneficiary or distributee of any estate may waive, absolutely and without right of reconsideration or recovery, the right to or the payment of all or any portion of any benefit payable or to become payable under this chapter. A person who holds a state office, as defined in s. 5.02 (23), may waive at any time, absolutely and without right of reconsideration or recovery, the right to receive and convert for health insurance premiums accumulated sick leave conversion credits under s. 40.05 (4) or health insurance premium credits under subch. IX. The waiver shall be effective on the first day of the 2nd month commencing after it is received by the department or on the date specified in the waiver if later.

AB31-ASA2, s. 4 Section 4. 230.35 (2) of the statutes is renumbered 230.35 (2) (a) and amended to read:

AB31-ASA2,3,12 230.35 (2) (a) Leave Subject to par. (b), leave of absence with pay owing to sickness and leave of absence without pay, other than annual leave and leave under s. 103.10, shall be regulated by rules of the director, except that unused sick leave shall accumulate from year to year. After July 1, 1973, employees appointed to career executive positions under the program established under s. 230.24 or positions designated in s. 19.42 (10) (L) or 20.923 (4), (7), (8), and (9) or authorized under s. 230.08 (2) (e) shall have any unused sick leave credits restored if they are reemployed in a career executive position or in a position under s. 19.42 (10) (L) or 20.923 (4), (7), (8), and (9) or authorized under s. 230.08 (2) (e), regardless of the duration of their absence. Restoration of unused sick leave credits if reemployment is to a position other than those specified above shall be in accordance with rules of the director.

AB31-ASA2, s. 5 Section 5. 230.35 (2) (b) of the statutes is created to read:

AB31-ASA2,3,18 230.35 (2) (b) A person who holds a state office, as defined in s. 5.02 (23), and who accrues sick leave under this subsection accrue sick leave at 50 percent of the sick leave accrual rate established under par. (a) for classified employees during any term of office that begins after the effective date of this paragraph .... [revisor inserts date].

AB31-ASA2, s. 6 Section 6. 757.02 (5) of the statutes is renumbered 757.02 (5) (a) and amended to read:

AB31-ASA2,3,25 757.02 (5) (a) Except for retired judges appointed under s. 753.075, and except as provided in par. (b), each supreme court justice, court of appeals judge and circuit court judge included under ch. 40 shall accrue sick leave at the rate established under s. 230.35 (2) for the purpose of credits under s. 40.05 (4) (b) and for premium payment determinations under s. 40.05 (4) and (5).

AB31-ASA2, s. 7 Section 7. 757.02 (5) (b) of the statutes is created to read:

AB31-ASA2,4,6 757.02 (5) (b) A supreme court justice, court of appeals judge, or circuit court judge shall accrue sick leave at 50 percent of the sick leave accrual rate established under s. 230.35 (2) for classified employees beginning on the date that the next supreme court justice, court of appeals judge, or circuit court judge assumes office after the effective date of this paragraph .... [revisor inserts date].

AB31-ASA2,4,7 (End)