RAC:lmk:nwn
2007 - 2008 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2007 ASSEMBLY BILL 31
February 20, 2007 - Offered by Representative Strachota.
AB31-ASA1,1,4 1An Act to renumber and amend 13.121 (4), 230.35 (2) and 757.02 (5); and to
2create
13.121 (4) (b), 230.35 (2) (b) and 757.02 (5) (b) of the statutes; relating
3to:
elimination of sick leave for legislators, justices and judges, and all other
4state elected officials.
Analysis by the Legislative Reference Bureau
Under current law, a state employee in a position that is covered under the
Wisconsin Retirement System (WRS) is entitled to receive paid sick leave as part of
his or her compensation under the state compensation plan, at the election of the
employer, or pursuant to a collective bargaining agreement. If a state employee does
not use all of his or her sick leave during a calendar year, he or she may accumulate
this unused sick leave from year to year in a sick leave account. Generally, if a state
employee terminates covered employment under the WRS and meets certain
conditions related to age or years of employment, the employee's accumulated
unused sick leave may be converted, at his or her highest basic pay rate, to credits
for the payment of postretirement health insurance premiums under a health
insurance plan administered by the Group Insurance Board.
This substitute amendment provides that:
1. No member of the legislature may receive sick leave as a member of the
legislature during any term of office that begins after the substitute amendment's
effective date.

2. No supreme court justice, court of appeals judge, or circuit court judge may
receive sick leave as a supreme court justice, court of appeals judge, or circuit court
judge beginning on the date that the next justice or judge assumes office after the
substitute amendment's effective date.
3. No other state elected official, including a district attorney, may receive sick
leave while in state office during any term of office that begins after the substitute
amendment's effective date.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB31-ASA1, s. 1 1Section 1. 13.121 (4) of the statutes is renumbered 13.121 (4) (a) and amended
2to read:
AB31-ASA1,2,113 13.121 (4) (a) For the purpose of premium determinations under s. 40.05 (4)
4and (5) each member of the legislature shall accrue sick leave at a rate equivalent
5to a percentage of time worked recommended for such positions by the director of the
6office of state employment relations and approved by the joint committee on
7employment relations in the same manner as compensation for such positions is
8determined under s. 20.923, except as provided in par. (b). This percentage of time
9worked shall be applied to the sick leave accrual rate established under s. 230.35 (2).
10The approved percentage shall be incorporated into the compensation plan under s.
11230.12 (1).
AB31-ASA1, s. 2 12Section 2. 13.121 (4) (b) of the statutes is created to read:
AB31-ASA1,2,1513 13.121 (4) (b) No member of the legislature may receive sick leave as a member
14of the legislature during any term of office that begins after the effective date of this
15paragraph .... [revisor inserts date].
AB31-ASA1, s. 3 16Section 3. 230.35 (2) of the statutes is renumbered 230.35 (2) (a) and amended
17to read:
AB31-ASA1,3,12
1230.35 (2) (a) Leave Subject to par. (b), leave of absence with pay owing to
2sickness and leave of absence without pay, other than annual leave and leave under
3s. 103.10, shall be regulated by rules of the director, except that unused sick leave
4shall accumulate from year to year. After July 1, 1973, employees appointed to
5career executive positions under the program established under s. 230.24 or
6positions designated in s. 19.42 (10) (L) or 20.923 (4), (7), (8), and (9) or authorized
7under s. 230.08 (2) (e) shall have any unused sick leave credits restored if they are
8reemployed in a career executive position or in a position under s. 19.42 (10) (L) or
920.923 (4), (7), (8), and (9) or authorized under s. 230.08 (2) (e), regardless of the
10duration of their absence. Restoration of unused sick leave credits if reemployment
11is to a position other than those specified above shall be in accordance with rules of
12the director.
AB31-ASA1, s. 4 13Section 4. 230.35 (2) (b) of the statutes is created to read:
AB31-ASA1,3,1714 230.35 (2) (b) A person who holds a state office, as defined in s. 5.02 (23), and
15who accrues sick leave under this subsection may not receive sick leave while in state
16office during any term of office that begins after the effective date of this paragraph
17.... [revisor inserts date].
AB31-ASA1, s. 5 18Section 5. 757.02 (5) of the statutes is renumbered 757.02 (5) (a) and amended
19to read:
AB31-ASA1,3,2420 757.02 (5) (a) Except for retired judges appointed under s. 753.075, and except
21as provided in par. (b),
each supreme court justice, court of appeals judge and circuit
22court judge included under ch. 40 shall accrue sick leave at the rate established
23under s. 230.35 (2) for the purpose of credits under s. 40.05 (4) (b) and for premium
24payment determinations under s. 40.05 (4) and (5).
AB31-ASA1, s. 6 25Section 6. 757.02 (5) (b) of the statutes is created to read:
AB31-ASA1,4,5
1757.02 (5) (b) No supreme court justice, court of appeals judge, or circuit court
2judge may receive sick leave as a supreme court justice, court of appeals judge, or
3circuit court judge included under ch. 40 beginning on the date that the next supreme
4court justice, court of appeals judge, or circuit court judge assumes office after the
5effective date of this paragraph .... [revisor inserts date].
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