Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1116 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	LRB-5578/1
2	2	FFK:cdc
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1116
5	5	February 23, 2024 - Introduced by Representatives MAXEY, MICHALSKI, BEHNKE,
6	6	BODDEN, DITTRICH, GOEBEN, GUNDRUM, GUSTAFSON, KITCHENS, MAGNAFICI,
7	7	MURPHY, O'CONNOR, RETTINGER, ROZAR, SCHMIDT, SCHUTT and PENTERMAN,
8	8	cosponsored by Senators STROEBEL and QUINN. Referred to Committee on
9	9	Campaigns and Elections.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to create 16.55 of the statutes; relating to: payments to individuals
12	12	holding over in executive positions.
13	13	Analysis by the Legislative Reference Bureau
14	14	Under current law, vacancies in public office may occur in a number of ways,
15	15	including when the incumbent resigns, dies, or is removed from office, or, in the case
16	16	of elected office, when the incumbent's term expires. However, as the Wisconsin
17	17	Supreme Court held in State ex rel. Kaul v. Prehn, 2022 WI 50, expiration of an
18	18	incumbent's term of office does not create a vacancy if the office is filled by
19	19	appointment for a fixed term. Absent a vacancy or removal for cause, these
20	20	incumbents may remain in office until their successors are appointed and qualified.
21	21	Under the bill, if such an incumbent remains in the public office after the expiration
22	22	of the incumbent's term, any salary or other payments the incumbent receives for
23	23	duties related to the public office must be withheld beginning 90 days after the
24	24	expiration of the incumbents term. The bill specifies that this provision applies only
25	25	to incumbents who were appointed by a person in the executive branch.
26	26	The people of the state of Wisconsin, represented in senate and assembly, do
27	27	enact as follows:
28	28	SECTION 1. 16.55 of the statutes is created to read:
29	29	16.55 Salary; legal holdovers in public office. (1) In this section, “eligible
30	30	public office” is a public office to which all of the following apply:
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35	35	5 - 2 -2023 - 2024 Legislature LRB-5578/1
36	36	FFK:cdc
37	37	SECTION 1 ASSEMBLY BILL 1116
38	38	(a) The public office is for a fixed term.
39	39	(b) An individual is appointed to the public office by a person in the executive
40	40	branch, including any executive branch entity under ch. 15.
41	41	(c) No statutory or constitutional language prohibits a holdover period at the
42	42	end of the fixed term of the public office.
43	43	(2) If an individual continues to legally hold an eligible public office after the
44	44	expiration of the individual's fixed term, beginning with the pay period that begins
45	45	90 days after the expiration of the individual's fixed term in the eligible public office,
46	46	any salary or other payments made to the individual for duties related to the eligible
47	47	public office shall be withheld.
48	48	SECTION 2.0Initial applicability.
49	49	(1) This act first applies to the pay period beginning after the effective date of
50	50	this subsection.
51	51	(END)
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