2009 - 2010 LEGISLATURE
November 5, 2009 - Introduced by Representatives Roys, Mason, Barca, Bernard
Schaber, Berceau, Black, Clark, Dexter, Garthwaite, Hebl, Hilgenberg,
Hixson, Parisi, Pasch, Pope-Roberts, Richards, Sinicki, Steinbrink, Toles,
Turner, Van Akkeren, Vruwink, Young, Zigmunt
and Van Roy, cosponsored
by Senators Risser, Lassa, Hopper, Plale, Wirch and Taylor. Referred to
Committee on Labor.
AB551,1,2 1An Act relating to: furlough of executive branch state employees during the
22009-11 fiscal biennium and making an appropriation.
Analysis by the Legislative Reference Bureau
On June 23, 2009, Governor Doyle issued Executive Order 285, relating to
furloughing state employees in response to the emergency economic situation facing
Wisconsin. Under the order, employees of executive branch state agencies, including
the University of Wisconsin System, are required to take eight days or their hourly
equivalent (64 hours) of unpaid leave during each fiscal year of the 2009-11 fiscal
biennium. The biennial budget act, 2009 Wisconsin Act 28, reduced state agency
appropriations accordingly to reflect compensation savings from the furloughs.
This bill exempts certain state employees from the requirement to take unpaid
leaves of absence during the 2009-11 fiscal biennium. Under the bill, with
exceptions, none of the following executive branch employees are required to serve
an unpaid leave of absence: an executive branch employee whose compensation is
paid from federal revenues or an appropriation of gifts and grants, and an executive
branch employee whose duties, while that employee is on an unpaid leave of absence,
would be performed by an employee receiving overtime pay.
In addition, the bill creates a procedure whereby executive branch state
agencies may exempt an employee from the leave of absence requirement if the
employee, while performing his or her duties on an annual basis, generates revenues
that exceed his or her annual salary and fringe benefits costs. Using this procedure,
the state agency must submit a request to the Joint Committee on Finance (JCF).
At its next regularly scheduled meeting, JCF must approve, modify, or disapprove

the request. If JCF exempts a state employee from the unpaid leave of absence
requirement, the appropriation that is used to pay salary and fringe benefit costs for
the employee's position is supplemented to cover any additional salary and fringe
benefit costs for the position resulting from the employee's not taking an unpaid
leave of absence.
The bill permits a state agency to delay implementation of the mandatory and
permissive exemptions from an unpaid leave of absence to July 1, 2010, by notifying
the cochairpersons of JCF, in writing, before its next regularly scheduled meeting
after the bill's effective date.
Finally, the bill provides that during the 2009-11 fiscal biennium a state agency
may not enter into, renew, or extend any contractual services contracts with private
contractors or consultants for the remainder of that fiscal biennium for the
performance of services of executive branch employees who would have performed
the services had they not have been required to serve an unpaid leave of absence.
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:
AB551, s. 1 1Section 1. Nonstatutory provisions.
AB551,2,32 (1) Executive branch employees and unpaid leaves of absence during the
32009-11 fiscal biennium.
AB551,2,44 (a) Definitions.
AB551,2,6 51. "Executive branch employee" means a state employee employed by a state
6agency.
AB551,2,8 72. "Federal revenues" has the meaning given in section 20.001 (2) (e) of the
8statutes.
AB551,2,10 93. "Revenues" means all revenue types specified in section 20.001 (2) of the
10statutes.
AB551,2,12 114. "State agency" has the meaning given in section 20.001 (1) of the statutes,
12but does not include the legislature and the courts.
AB551,3,2
15. "Unpaid leave of absence" means an unpaid leave of absence required under
2Executive Order 285.
AB551,3,63 (b) Mandatory exemption from unpaid leave of absence. Beginning on the
4effective date of this paragraph, or on July 1, 2010, if a state agency elects under
5paragraph (e), none of the following executive branch employees may be required to
6serve an unpaid leave of absence:
AB551,3,11 71. An executive branch employee whose compensation is paid from federal
8revenues or an appropriation of gifts and grants. If such an employee's compensation
9is partly paid from another revenue source, the employee must serve an unpaid leave
10of absence in proportion to the funding of his or her compensation from that revenue
11source.
AB551,3,14 122. An executive branch employee whose duties, while that employee is on an
13unpaid leave of absence, would be performed by an employee receiving overtime pay,
14as determined by the state agency that employs the employee.
AB551,3,1515 (c) Permissive exemption from unpaid leave of absence.
AB551,3,22 161. Beginning on the effective date of this paragraph, or on July 1, 2010, if a state
17agency elects under paragraph (e ), if a state agency determines that an executive
18branch employee, while performing his or her duties on an annual basis, generates
19revenues that exceed his or her annual salary and fringe benefits costs, the state
20agency may submit a request to the joint committee on finance to exempt the
21employee from an unpaid leave of absence. A request submitted under this
22subdivision may be for one employee or a class of employees.
AB551,3,25 232. A request submitted by a state agency under subdivision 1. shall include
24information documenting the revenues generated by the executive branch employee
25and the employee's annual salary and fringe benefits costs.
AB551,4,3
13. At the next regularly scheduled meeting of the joint committee of finance
2under section 13.10 of the statutes, the joint committee on finance shall approve,
3modify, or disapprove the request.
AB551,4,9 44. If an executive branch employee is exempted from an unpaid leave of absence
5under subdivision 3., the appropriation that is used to pay salary and fringe benefit
6costs for the employee's position is supplemented from the underlying fund or
7appropriation account, whichever is appropriate, to cover any additional salary and
8fringe benefit costs for the position resulting from the employee's not taking an
9unpaid leave of absence.
AB551,4,13 105. For the 2009-11 fiscal biennium, each state agency whose requests are
11approved under subdivision 3. shall submit a quarterly report to the joint committee
12on finance documenting the revenues generated by the executive branch employee
13during the preceding quarter.
AB551,4,1914 (d) Limitations on contractual services contracts. During the 2009-11 fiscal
15biennium, a state agency may not enter into, renew, or extend any contractual
16services contracts with private contractors or consultants for the remainder of that
17fiscal biennium for the performance of services of executive branch employees who
18would have performed the services had they not have been required to serve an
19unpaid leave of absence.
AB551,5,220 (e) Implementation date of exemptions from unpaid of absence. A state agency
21may elect to delay the implementation of paragraphs (b ) and (c) until July 1, 2010.
22If a state agency so elects, the state agency must notify the cochairpersons of the joint
23committee on finance, in writing, of this election. The notification must be made

1before the next regularly scheduled meeting of the joint committee on finance under
2section 13.10 of the statutes that occurs after the effective date of this paragraph.
AB551,5,33 (End)
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