AB95: Bill Text

February 24, 2017 - Introduced by Representatives Novak, E. Brooks, R. Brooks, Edming, Felzkowski, Gannon, Horlacher, Kitchens, Knodl, Ripp, Skowronski, Spiros, Tittl, Tusler, Vruwink, Weatherston, Kleefisch and Thiesfeldt, cosponsored by Senators Marklein, Nass and Olsen. Referred to Committee on Education.

AB95,1,2 An Act to create 119.13, 120.07 and 120.45 of the statutes; relating to: authorizing a school board member to refuse his or her salary.

Analysis by the Legislative Reference Bureau

This bill authorizes a school board member or school board member-elect to refuse the salary that he or she is entitled to receive for his or her service as a school board member. Under the bill, to refuse his or her salary, the school board member or member-elect must send written notification to the school district clerk and treasurer. To be valid, the school board member or member-elect must send the notification within 30 days after the certification of the individual's election or at least 30 days before the start of the individual's next taxable year. In general, a notification applies only to the taxable year in which the individual's election is certified or to the taxable year to which the notification relates. A school board member or member-elect may not rescind a notification to refuse his or her salary.

For further information see the local 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:

AB95,1 Section 1. 119.13 of the statutes is created to read:

AB95,1,5 119.13 Board members; refusal of salary. (1) In this section, “board member” includes a member-elect.

AB95,2,3 (2) (a) 1. Notwithstanding the provisions of s. 119.12 (3), a board member may send written notification to the clerk and the city treasurer that the board member wishes to refuse to accept the salary that he or she is otherwise entitled to receive.

AB95,2,7 2. a. Except as provided in subd. 2. b., for the taxable year in which the board member's election is certified, the board member shall send the notification no later than 30 days after the board member's election is certified. The notification applies only to the taxable year in which the board member's election is certified.

AB95,2,9 b. If the board member's current taxable year ends within 3 months of his or her certification, the notification applies until the end of his or her next taxable year.

AB95,2,13 3. Except as provided in subd. 2., a board member shall send the notification at least 30 days before the start of the board member's next taxable year and the notification applies only to that taxable year. A board member may renew his or her refusal by sending a notification annually as provided in this subdivision.

AB95,2,14 4. A board member may not rescind a notification sent under this paragraph.

AB95,2,18 (b) 1. If the clerk and city treasurer receive a notification under par. (a), the city treasurer may not pay the board member the salary that he or she is otherwise entitled to receive during the time period to which the notification applies, beginning with the first pay period that commences after the notification applies.

AB95,2,21 2. If a board member's notification no longer applies, the city treasurer shall pay the board member any salary that he or she is entitled to receive, beginning with the first pay period that commences after the expiration of the notification.

AB95,2 Section 2. 120.07 of the statutes is created to read:

AB95,2,23 120.07 School board member; refusal of salary. (1) In this section:

AB95,2,25 (a) “Salary” means the annual salary for a school board member or the amount for each school board meeting the school board member actually attends.

AB95,3,1 (b) “School board member” includes a school board member-elect.

AB95,3,5 (2) (a) 1. Notwithstanding the provisions of s. 120.10 (3), a school board member may send written notification to the school district clerk and the school district treasurer that the school board member wishes to refuse to accept the salary that he or she is otherwise entitled to receive.

AB95,3,10 2. a. Except as provided in subd. 2. b., for the taxable year in which the school board member's election is certified, the school board member shall send the notification no later than 30 days after the school board member's election is certified. The notification applies only to the taxable year in which the school board member's election is certified.

AB95,3,13 b. If the school board member's current taxable year ends within 3 months of his or her certification, the notification applies until the end of his or her next taxable year.

AB95,3,18 3. Except as provided in subd. 2., a school board member shall send the notification at least 30 days before the start of the school board member's next taxable year and the notification applies only to that taxable year. A school board member may renew his or her refusal by sending a notification annually as provided in this subdivision.

AB95,3,20 4. A school board member may not rescind a notification sent under this paragraph.

AB95,3,25 (b) 1. If a school district clerk and school district treasurer receive a notification under par. (a), the school district treasurer may not pay the school board member the salary that he or she is otherwise entitled to receive during the time period to which the notification applies, beginning with the first pay period that commences after the notification applies.

AB95,4,4 2. If a school board member's notification no longer applies, the school district treasurer shall pay the school board member any salary that he or she is entitled to receive, beginning with the first pay period that commences after the expiration of the notification.

AB95,3 Section 3. 120.45 of the statutes is created to read:

AB95,4,6 120.45 School board member; refusal of salary. (1) In this section:

AB95,4,8 (a) “Salary” means the annual salary for a school board member or the amount for each school board meeting the school board member actually attends.

AB95,4,9 (b) “School board member” includes a school board member-elect.

AB95,4,13 (2) (a) 1. Notwithstanding the provisions of s. 120.43 (3), a school board member may send written notification to the school district clerk and the school district treasurer that the school board member wishes to refuse to accept the salary that he or she is otherwise entitled to receive.

AB95,4,18 2. a. Except as provided in subd. 2. b., for the taxable year in which the school board member's election is certified, the school board member shall send the notification no later than 30 days after the school board member's election is certified. The notification applies only to the taxable year in which the school board member's election is certified.

AB95,4,21 b. If the school board member's current taxable year ends within 3 months of his or her certification, the notification applies until the end of his or her next taxable year.

AB95,5,2 3. Except as provided in subd. 2., a school board member shall send the notification at least 30 days before the start of the school board member's next taxable year and the notification applies only to that taxable year. A school board member may renew his or her refusal by sending a notification annually as provided in this subdivision.

AB95,5,4 4. A school board member may not rescind a notification sent under this paragraph.

AB95,5,9 (b) 1. If a school district clerk and school district treasurer receive a notification under par. (a), the school district treasurer may not pay the school board member the salary that he or she is otherwise entitled to receive during the time period to which the notification applies, beginning with the first pay period that commences after the notification applies.

AB95,5,13 2. If a school board member's notification no longer applies, the school district treasurer shall pay the school board member any salary that he or she is entitled to receive, beginning with the first pay period that commences after the expiration of the notification.

AB95,5,14 (End)