SB362: Bill Text

LRB-3910/1

RAC:kjf:rs

2003 - 2004 LEGISLATURE

2003 Senate BILL 362

December 23, 2003 - Introduced by Joint Committee on Employment Relations. Referred to Committee on Senate Organization.

SB362,2,2 An Act to renumber 20.916 (9) (a) 1.; to amend 16.53 (1) (cm), 20.916 (1), 20.916 (1m), 20.916 (4) (title), 20.916 (4) (a), 20.916 (4) (b), 20.916 (4) (c), 20.916 (4) (d), 20.916 (4) (e), 20.916 (4m) (title), 20.916 (4m) (b), 20.916 (5) (title), 20.916 (5) (a), 20.916 (5) (b), 20.916 (7), 20.916 (8) (a), 20.916 (9) (b), 20.916 (9) (c), 20.916 (9) (e), 20.916 (9) (f) 2., 20.916 (9) (f) 3., 20.917 (1) (a), 20.917 (1) (b), 20.917 (1) (c), 20.917 (1) (d), 20.917 (1) (e), 20.917 (2) (a), 20.917 (2) (b), 20.917 (2m), 20.917 (3) (a) 3., 40.05 (4) (by) 1., 40.95 (1) (a) (intro.), 40.95 (2), 230.12 (9), 230.35 (1p) (b) (intro.) and 230.35 (4) (d) (intro.); to repeal and recreate 20.916 (9) (d); and to create 20.916 (9) (a) 1d. and 230.35 (1p) (bm) of the statutes; relating to: state employee travel and expense reimbursement; supplemental credits for the purchase of health insurance for dependents of state employees who die while employed by the state and state employees who are laid off and their surviving insured dependents; and use of earned annual leave under the state civil service system and granting an additional paid personal holiday for nonrepresented 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 Section 1. 16.53 (1) (cm) of the statutes is amended to read:

SB362,3,6 16.53 (1) (cm) Advancement of travel expenses. The head of a state agency may, by presenting proper vouchers to the department of administration, advance money for travel expenses to employees. Travel expenses shall be advanced only when the estimated expense is expected to exceed $50 and the Any travel advance shall not exceed 80% of the estimated expense.

SB362, s. 2 Section 2. 20.916 (1) of the statutes is amended to read:

SB362,4,2 20.916 (1) Employees to be reimbursed. State officers and employees shall be reimbursed for actual, reasonable, and necessary traveling expenses incurred in the discharge of their duties in accordance with sub. (9). The officers and employees of any state agency shall, when for reasons of economy or efficiency they are stationed at any other place than an official location of such state agency, receive their actual, reasonable, and necessary traveling and other expenses when called to such official location for temporary service.

SB362, s. 3 Section 3. 20.916 (1m) of the statutes is amended to read:

SB362,4,10 20.916 (1m) Reimbursement of volunteers. Except where reimbursement is required by law, an individual who volunteers his or her services to a state agency may, at the discretion of the appointing authority of the state agency receiving the services, be reimbursed by the state agency for actual, reasonable, and necessary travel expenses incurred in the performance of the services. Reimbursement shall not exceed the maximum amounts established for state officers and employees under sub. (8).

SB362, s. 4 Section 4. 20.916 (4) (title) of the statutes is amended to read:

SB362,4,12 20.916 (4) (title) Use of private privately owned automobiles.

SB362, s. 5 Section 5. 20.916 (4) (a) of the statutes, as affected by 2003 Wisconsin Act 33, is amended to read:

SB362,4,20 20.916 (4) (a) If any state agency determines that the duties of any employee require the use of an automobile, it may authorize such employee to use a personal privately owned automobile in the employee's work for the state, and reimburse the employee for such use at a rate which is set at least biennially by the office of state employment relations under sub. (8), subject to the approval of the joint committee on employment relations.

SB362, s. 6 Section 6. 20.916 (4) (b) of the statutes is amended to read:

SB362,5,2 20.916 (4) (b) Upon recommendation of the head of the state agency and approval by the secretary of administration, an additional reimbursement at the rate of one cent per mile may be paid to any employee for the use of the employee's personal privately owned automobile when used as an emergency vehicle or under conditions which that may cause excessive wear or depreciation, including pulling trailers or which under conditions that require the installation of special equipment.

SB362, s. 7 Section 7. 20.916 (4) (c) of the statutes is amended to read:

SB362,5,14 20.916 (4) (c) For travel between points convenient to be that are conveniently reached by railroad, bus, or commercial airplane without unreasonable loss of time, the allowance for the use of a personal privately owned automobile shall not exceed the lowest cost of the most practical means of public transportation between such points. The department of administration shall give due consideration to the circumstances on each case when determining establish guidelines for the most practical means of public transportation. The cost of meals and lodging paid by the state and the cost of the use of a state-owned automobile not chargeable to an employee may not exceed the cost which that would have been incurred had the most practical form of public transportation been used, at the most appropriate time, if a practical form of public transportation is available.

SB362, s. 8 Section 8. 20.916 (4) (d) of the statutes is amended to read:

SB362,5,18 20.916 (4) (d) All allowances for the use of a personal privately owned automobile shall be paid upon the certification of the amounts payable by the head of the state agency to the department of administration.

SB362, s. 9 Section 9. 20.916 (4) (e) of the statutes is amended to read:

SB362,5,25 20.916 (4) (e) When an assigned or pool state-owned automobile is available and tendered to an employee, and the employee exercises the option to utilize use the employee's personal privately owned automobile on state business, the mileage allowance shall be at a rate equal to the approximate cost per mile of operation of state automobiles, including depreciation, as determined by the secretary of administration.

SB362, s. 10 Section 10. 20.916 (4m) (title) of the statutes is amended to read:

SB362,6,2 20.916 (4m) (title) Use of private privately owned motorcycles.

SB362, s. 11 Section 11. 20.916 (4m) (b) of the statutes, as affected by 2003 Wisconsin Act 33, is amended to read:

SB362,6,17 20.916 (4m) (b) Except as otherwise provided in this paragraph, if any state agency determines that an employee's duties require the use of a motor vehicle, and use of a personal privately owned motor vehicle is authorized by the agency under similar circumstances, the agency shall authorize the employee to use a personal privately owned motorcycle for the employee's duties and shall reimburse the employee for the use of the motorcycle at rates determined at least biennially by the director of the office of state employment relations under sub. (8), subject to the approval of the joint committee on employment relations. No state agency may authorize an employee to use or reimburse an employee for the use of a personal privately owned motorcycle under this paragraph if more than one individual is transported on the motorcycle. All allowances for the use of a motorcycle shall be paid upon approval and certification of the amounts payable by the head of the state agency for which the employee performs duties to the department of administration.

SB362, s. 12 Section 12. 20.916 (5) (title) of the statutes is amended to read:

SB362,6,19 20.916 (5) (title) Use of private airplanes privately owned aircraft.

SB362, s. 13 Section 13. 20.916 (5) (a) of the statutes, as affected by 2003 Wisconsin Act 33, is amended to read:

SB362,7,7 20.916 (5) (a) Whenever any state agency determines that the duties of any member or employee require the use of an airplane, it If the use of a privately owned or chartered aircraft is more efficient and economical for the conduct of state business than commercial transportation, the head of a state agency may authorize him or her an employee to charter such airplane an aircraft with or without a pilot; and it may authorize any member or employee to use his or her personal airplane a privately owned aircraft and reimburse him or her the member or employee for such use of a privately owned aircraft at a rate set at least biennially by the office of state employment relations under sub. (8), subject to the approval of the joint committee on employment relations. Such reimbursement shall be made upon the certification of the amount by the head of the state agency to the department of administration.