Amendment ASA1-AB31

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 An Act to renumber and amend 13.121 (4), 230.35 (2) and 757.02 (5); and to create 13.121 (4) (b), 230.35 (2) (b) and 757.02 (5) (b) of the statutes; relating to: elimination of sick leave for legislators, justices and judges, and all other state 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 Section 1. 13.121 (4) of the statutes is renumbered 13.121 (4) (a) and amended to read:

AB31-ASA1,2,11 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-ASA1, s. 2 Section 2. 13.121 (4) (b) of the statutes is created to read:

AB31-ASA1,2,15 13.121 (4) (b) No member of the legislature may receive sick leave as a member of the legislature during any term of office that begins after the effective date of this paragraph .... [revisor inserts date].

AB31-ASA1, s. 3 Section 3. 230.35 (2) of the statutes is renumbered 230.35 (2) (a) and amended to read:

AB31-ASA1,3,12 230.35 (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-ASA1, s. 4 Section 4. 230.35 (2) (b) of the statutes is created to read:

AB31-ASA1,3,17 230.35 (2) (b) A person who holds a state office, as defined in s. 5.02 (23), and who accrues sick leave under this subsection may not receive sick leave while in state office during any term of office that begins after the effective date of this paragraph .... [revisor inserts date].

AB31-ASA1, s. 5 Section 5. 757.02 (5) of the statutes is renumbered 757.02 (5) (a) and amended to read:

AB31-ASA1,3,24 757.02 (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-ASA1, s. 6 Section 6. 757.02 (5) (b) of the statutes is created to read:

AB31-ASA1,4,5 757.02 (5) (b) 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 included under ch. 40 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-ASA1,4,6 (End)