LRB-0945/3
RAC:kjf:rs
2007 - 2008 LEGISLATURE
January 9, 2007 - Introduced by Senators Kanavas, Darling, Leibham, Kapanke,
Grothman, Cowles and
Lazich, cosponsored by Representatives Strachota,
Kleefisch, Zipperer, Kestell, LeMahieu, Ziegelbauer, Pridemore, Vukmir,
Kerkman, Lothian, Hahn, Nygren, Gottlieb, Vos, Bies, Gundrum, J. Ott, J.
Fitzgerald and Roth. Referred to Committee on Ethics Reform and
Government Operations.
SB5,1,5
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 (c) and 757.02 (5) (b) of the statutes;
3relating to: elimination of accumulated sick leave credit program for
4legislators, justices and judges, all other state elected officials, and certain
5appointed executive branch 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 credits 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 credits 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 bill provides that:
1. No member of the legislature may accumulate unused sick leave from year
to year in his or her sick leave account for work performed as a member of the
legislature during any term of office that begins after the bill's effective date.
2. No supreme court justice, court of appeals judge, or circuit court judge may
accumulate unused sick leave from year to year in his or her sick leave account for
work performed as a supreme court justice, court of appeals judge, or circuit court
judge during any term of office that begins after the bill's effective date.
3. No other state elected official may accumulate unused sick leave from year
to year in his or her sick leave account for work performed during any term of office
that begins after the bill's effective date.
4. No person who is appointed by the governor to a position in the executive
branch after the bill's effective date, and whose appointment requires confirmation
by the senate, may accumulate unused sick leave from year to year in his or her sick
leave account for work performed while serving in that position.
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:
SB5, s. 1
1Section
1. 13.121 (4) of the statutes is renumbered 13.121 (4) (a) and amended
2to read:
SB5,2,113
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).
SB5, s. 2
12Section
2. 13.121 (4) (b) of the statutes is created to read:
SB5,3,213
13.121
(4) (b) No member of the legislature may accumulate unused sick leave
14from year to year in his or her sick leave account for work performed as a member
1of the legislature during any term of office that begins after the effective date of this
2paragraph .... [revisor inserts date].
SB5, s. 3
3Section
3. 230.35 (2) of the statutes is renumbered 230.35 (2) (a) and amended
4to read:
SB5,3,165
230.35
(2) (a)
Leave Subject to pars. (b) and (c), leave of absence with pay owing
6to sickness and leave of absence without pay, other than annual leave and leave
7under s. 103.10, shall be regulated by rules of the director, except that unused sick
8leave shall accumulate from year to year. After July 1, 1973, employees appointed
9to career executive positions under the program established under s. 230.24 or
10positions designated in s. 19.42 (10) (L) or 20.923 (4), (7), (8), and (9) or authorized
11under s. 230.08 (2) (e) shall have any unused sick leave credits restored if they are
12reemployed in a career executive position or in a position under s. 19.42 (10) (L) or
1320.923 (4), (7), (8), and (9) or authorized under s. 230.08 (2) (e), regardless of the
14duration of their absence. Restoration of unused sick leave credits if reemployment
15is to a position other than those specified above shall be in accordance with rules of
16the director.
SB5, s. 4
17Section
4. 230.35 (2) (b) and (c) of the statutes are created to read:
SB5,3,2118
230.35
(2) (b) A person who holds a state office, as defined in s. 5.02 (23), and
19who accrues sick leave under this subsection may not accumulate unused sick leave
20from year to year in his or her sick leave account for work performed during any term
21of office that begins after the effective date of this paragraph .... [revisor inserts date].
SB5,4,222
(c) A person who is appointed by the governor to a position in the executive
23branch after the effective date of this paragraph .... [revisor inserts date], and whose
24appointment requires confirmation by the senate, may not accumulate unused sick
1leave from year to year in his or her sick leave account for work performed while
2serving in that position.
SB5, s. 5
3Section
5. 757.02 (5) of the statutes is renumbered 757.02 (5) (a) and amended
4to read:
SB5,4,95
757.02
(5) (a) Except for retired judges appointed under s. 753.075,
and except
6as provided in par. (b), each supreme court justice, court of appeals judge and circuit
7court judge included under ch. 40 shall accrue sick leave at the rate established
8under s. 230.35 (2) for the purpose of credits under s. 40.05 (4) (b) and for premium
9payment determinations under s. 40.05 (4) and (5).
SB5, s. 6
10Section
6. 757.02 (5) (b) of the statutes is created to read:
SB5,4,1511
757.02
(5) (b) No supreme court justice, court of appeals judge, or circuit court
12judge may accumulate unused sick leave from year to year in his or her sick leave
13account for work performed as a supreme court justice, court of appeals judge, or
14circuit court judge included under ch. 40 during any term of office that begins after
15the effective date of this paragraph .... [revisor inserts date].
