Wisconsin 2023-2024 Regular Session Status: Enacted Bipartisan · 30 R · 6 D cosponsors

AB 28 — Relating to: classifying county jailers as protective occupation participants under the Wisconsin Retirement System and the treatment of county jailers under the Municipal Employment Relations Act. (FE)

Last action — Published 4-7-2023

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 10, 2023. Enacted.

Signed by Governor Tony Evers (Democratic) on April 06, 2023.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 44 sponsors

    44 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (30 R · 6 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

283 added · 222 removed

Plain-language change summary

The recent amendments to Assembly Bill 28 clarify the definition of a "county jailer" and how they are classified under the Wisconsin Retirement System. Now, county jailers can be classified as "protective occupation participants" even if their duties do not involve active law enforcement or fire suppression. This change is significant because it allows jailers to access retirement benefits typically reserved for more active law enforcement roles, recognizing their important responsibilities in maintaining safety within jails.

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- 2024 LEGISLATURE LRBa0025/1 MIM:amn&wlj ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 28 March 7, 2023 - Offered by Representative ORN.
- 2024 LEGISLATURE LRB-0304/1 MIM:skw ASSEMBLY BILL 28 February 10, 2023 - Introduced by RepresentatiORN, ALLEN, C.
At the locations indicated, amend the bill as follows:
NDERSON , ARMSTRONG , BEHNKE , BROOKS, CALLAHAN, DITTRICH, DONOVAN, EDMING , EMERSON , GREEN , G USTAFSON, JOERS, KITCHENS, K RUG, MACCO , M AGNAFICI, MOSES, M URPHY, M URSAU , NEDWESKI, N OVAK, O’CONNOR , PENTERMAN , PETRYK , PLUMER, R ATCLIF, R ODRIGUEZ, ROZAR, SCHRAA , SHANKLAND , SNYDER, ORTWELL , PIROS, TEFFEN , UBECK, SUMMERFIELD , TRANEL , TUSLER, VANDER M EER, W ITTK, ZIMMERMAN and J ACOBSON , cosponsored by Senators MARKLEIN, BALLWEG , EYEN , ACQUE , AGLER , JAMES , L.OHNSON , MITH and SPREITZER.
1.
Referred to Committee on State Affairs.
Page 3, line 24:
A N A CT to renumber and amend 40.05 (2) (ar);
delete the material beginning with that line and ending with page 4, line 9, and substitute:
to amend 40.02 (27), 40.02 (48) (b) 3., 40.02 (48) (c), 40.05 (1) (b) 1., 40.23 (3) (a), 40.28 (1) (a) 2.
“40.02 (48) (b) 5.
and 40.73 (1) (am) 3.;
A “county jailer" is an employee of a county whose principal duties involve supervising, controlling, or maintaining a jail or the persons confined in a jail, as assigned by the sheriff under s.
and to create 40.02 (17) (n), 40.02 (48) (am) 23., 40.02 (48) (b) 5., 40.05 (1) (a) 7., 40.05 (1) (b) 1a., 40.05 (2) (ap), 40.05 (2) (ar) 2., 40.23 (3) (c), 40.65 (4w), 59.52 (8m) and 111.70 (4) (bn) of the statutes;
59.27 (1), regardless of whether the employee has been sworn regarding his or her duties or whether the employee serves on a full-time basis, provided the department receives notification of the participant's name as provided in s.
relating to:
40.06 (1) (d) and (dm).
classifying county jailers as protective occupation participants under the Wisconsin Retirement System and the treatment of county jailers under the Municipal Employment Relations Act.
Analysis by the Legislative Reference Bureau Under current law, participants under the Wisconsin Retirement System (WRS) whose principal duties involve active law enforcement or fire suppression or prevention and require frequent exposure to a high degree of danger or peril and a high degree of physical conditioning are classified as protective occupation participants.
Current law classifies police officers, fire fighters, and various other individuals as protective occupation participants.
Under the WRS, the normal - 2024 Legislature - 2 - LRB-0304/1 MIM:skw ASSEMBLY BILL 28 S ECTION 1 retirement age of a protective occupation participant is lower than that of other participants and the percentage multiplier used to calculate retirement annuities is higher for protective occupation participants.
This bill classifies county jailers as protective occupation participants without a requirement that their principal duties involve active law enforcement or active fire suppression or prevention.
The bill defines county jailers as persons employed by a county whose principal duties involve supervising, controlling, or maintaining a jail or persons confined in a jail, regardless of whether the jailers have been sworn regarding their duties or whether they serve on a full-time basis.
Under the bill, county jailers who become protective occupation participants on or after the bill’s effective date and are employed by a county that did not classify county jailers as protective occupation participants on July 1, 2022, are required to pay all additional employer costs resulting from their classification as protective occupation participants, including the cost of the duty disability program.
County jailers who were classified as protective occupation participants before the bill’s effective date and county jailers hired on or after the bill’s effective date in counties that did classify county jailers as protective occupation participants on July 1, 2022, are not required to pay the additional employer costs.
The bill also allows a county jailer to elect at the time of hire not to become a protective occupation participant.
Finally, under the Municipal Employment Relations Act, public safety employees may collectively bargain over wages, hours, and conditions of employment, and general employees may bargain collectively over only an annual percentage wage increase that does not exceed the annual percentage increase in the consumer price index.
Under MERA, public safety employees and general employees may not be in the same collective bargaining unit.
The bill amends MERA so that a county that treats a county jailer as a public safety employee on the effective date of this bill shall continue to treat any person it employs as a county jailer as a public safety employee except that, if the county subsequently raises a question regarding the appropriateness of including county jailers in a collective bargaining unit containing public safety employees, no person the county employs as a county jailer may be treated as a public safety employee.
Because this bill relates to public employee retirement or pensions, it may be referred to the Joint Survey Committee on Retirement Systems for a report to be printed as an appendix to the bill.
For further information see the state and 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:
SECTION 1.
40.02 (17) (n) of the statutes is created to read:
40.02 (17) (n) Notwithstanding par.
(d), each participant who is a county - 2024 Legislature - 3 - LRB-0304/1 MIM:skw ASSEMBLY BILL 28 S ECTION 1 jailer and who is classified as a protective occupation participant shall be granted creditable service as a protective occupation participant for all covered service as a county jailer that was earned on or after the effective date of this paragraph ....
[LRB inserts date], but may not be granted creditable service as a protective occupation participant for any covered service as a county jailer that was earned before the effective date of this paragraph ....
[LRB inserts date], unless that service was earned while the participant was classified under sub.
(48) (a) and s.
40.06 (1) (d) as a protective occupation participant.
SECTION 2.
40.02 (27) of the statutes is amended to read:
40.02 (27) “Employee required contribution” means the contribution made by an employee under s.
40.05 (1) (a) 1.
to 4.
and 7.
SECTION 3.
40.02 (48) (am) 23.
of the statutes is created to read:
Show all 199 changed rows (159 more)
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40.02 (48) (am) 23.
A county jailer.
SECTION 4.
40.02 (48) (b) 3.
of the statutes is amended to read:
40.02 (48) (b) 3.
A “deputy sheriff” or a “county traffic police officer” is any officer or employee of a sheriff’s office or county traffic department, except one whose principal duties are those of a telephone operator, clerk, stenographer, machinist or mechanic and whose functions do not clearly fall within the scope of active law enforcement even though such an employee is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active law enforcement.
Deputy sheriff or county traffic police officer includes does not include a county jailer, but does include any person regularly employed and - 2024 Legislature - 4 - LRB-0304/1 MIM:skw ASSEMBLY BILL 28 S ECTION 4 qualifying as a deputy sheriff or county traffic police officer, even if temporarily assigned to other duties.
SECTION 5.
40.02 (48) (b) 5.
of the statutes is created to read:
40.02 (48) (b) 5.
A “county jailer” is an employee of a county whose principal duties involve supervising, controlling, or maintaining a jail or the persons confined in a jail, as assigned by the sheriff under s.
59.27 (1), regardless of whether the employee has been sworn regarding his or her duties or whether the employee serves on a full-time basis.
A determination under this subdivision may not be LRBa0025/1 - 2024 Legislature - 2 - MIM:amn&wlj appealed under s.
A determination under this subdivision may not be appealed under s.
(this act).”.
(this act).
2.
SECTION 6.
Page 4, line 11:
40.02 (48) (c) of the statutes is amended to read:
delete lines 11 to 22 and substitute:
40.02 (48) (c) In s.
“40.02 (48) (c) In s.
40.65, “protective occupation participant” means a participating employee who is a police officer, fire fighter, an individual determined by a participating employer under par.
40.65, “protective occupation participant" means a participating employee who is a police officer, fire fighter, an individual determined by a participating employer under par.
(a) or (bm) to be a protective occupation participant, county undersheriff, deputy sheriff, county jailer, state probation and parole officer, county traffic police officer, conservation warden, state forest ranger, field conservation employee of the department of natural resources who is subject to call for forest fire control or warden duty, member of the state traffic patrol, state motor vehicle inspector, University of Wisconsin System full-time police officer, - 2024 Legislature - 5 - LRB-0304/1 MIM:skw ASSEMBLY BILL 28 S ECTION 6 guard or any other employee whose principal duties are supervision and discipline of inmates at a state penal institution, excise tax investigator employed by the department of revenue, person employed under s.
(a) or (bm) to be a protective occupation participant, county undersheriff, deputy sheriff, county jailer who is categorized as a protective occupation participant, state probation and parole officer, county traffic police officer, conservation warden, state forest ranger, field conservation employee of the department of natural resources who is subject to call for forest fire control or warden duty, member of the state traffic patrol, state motor vehicle inspector, University of Wisconsin System full-time police officer, guard or any other employee whose principal duties are supervision and discipline of inmates at a state penal institution, excise tax investigator employed by the department of revenue, person employed under s.
60.553 (1), 61.66 (1), or 62.13 (2e) (a), or special criminal investigation agent employed by the department of justice.
60.553 (1), 61.66 (1), or 62.13 (2e) (a), or special criminal investigation agent employed by the department of justice.”.
SECTION 7.
3.
40.05 (1) (a) 7.
Page 4, line 24:
of the statutes is created to read:
delete the material beginning with that line and ending with page 5, line 17, and substitute:
40.05 (1) (a) 7.
“40.05 (1) (a) 7.
Contributions under this section for an employee LRBa0025/1 - 2024 Legislature - 3 - MIM:amn&wlj who first becomes a participating employee as a county jailer in a county that did not classify county jailers as protective occupation participants on the effective date of this subdivision ....
Contributions under this section for an employee who first becomes a participating employee as a county jailer and is certified as a protective occupation participant on or after the effective date of this subdivision ....
[LRB inserts date], and is certified as a protective occupation participant on or after the effective date of this subdivision ....
[LRB inserts date], and is employed by a county that did not classify county jailers as protective occupation participants on July 1, 2022, shall be made by a reduction in salary and, for tax purposes, shall be treated as employer contributions under section 414 (h) (2) of the Internal Revenue Code.
[LRB inserts date], shall be made by a reduction in salary and, for tax purposes, shall be treated as employer contributions under section 414 (h) (2) of the Internal Revenue Code.
A participating employee may not elect to have contributions required by sub.
Such a participating employee may not elect to have contributions required by sub.
[LRB inserts date], in a county that did not classify county jailers as protective occupation participants on the effective date of this subdivision ....
[LRB inserts date], and are employed in a county that did not - 2024 Legislature - 6 - LRB-0304/1 MIM:skw ASSEMBLY BILL 28 S ECTION 7 classify county jailers as protective occupation participants on July 1, 2022, shall make the contribution under this section on an after-tax basis.
[LRB inserts date], shall make the contribution under this section on a post-tax basis.
SECTION 8.
For employees who are employed as county jailers in a county that classified county jailers as protective occupation participants on the effective date of this subdivision ....
40.05 (1) (b) 1.
[LRB inserts date], the county may at a subsequent date determine to categorize county jailers as general participating employees.
of the statutes is amended to read:
In such instance, a county jailer who is employed by the county on the date the county determines to categorize county jailers as general participating employees may make a one-time irrevocable election to not be a protective occupation participant.
40.05 (1) (b) 1.
A county jailer in such a county who opts to remain a protective occupation participant shall make the contribution under this section on a post-tax basis.
Except as otherwise provided in a collective bargaining agreement entered into under subch.
A county jailer who is first hired as a county jailer by such a county after the date the county determines to categorize county jailers as general participating employees may make a one-time irrevocable election to not LRBa0025/1 - 2024 Legislature - 4 - MIM:amn&wlj become a protective occupation participant.
IV or V of ch.
A county jailer who is first hired as a county jailer by such a county after the date the county determines to categorize county jailers as general participating employees and who opts to become a protective occupation participant shall make the contribution under this section on a pre-tax basis.”.
111 and except as provided in subd.
4.
2., an employer may not pay, on behalf of a participating employee, any of the contributions required by par.
Page 6, line 10:
(a).
delete lines 10 to 18 and substitute:
The Except as provided in subd.
“40.05 (2) (ap) The contributions under par.
1a., the contributions required by par.
(a) shall be made by a reduction in salary and, for tax purposes, shall be considered employer contributions under section 414 (h) (2) of the Internal Revenue Code.
A participating employee may not elect to have contributions required by par.
(a) paid directly to the employee or make a cash or deferred election with respect to the contributions.
SECTION 9.
40.05 (1) (b) 1a.
of the statutes is created to read:
40.05 (1) (b) 1a.
Contributions under par.
(a) 7.
that are made by county jailers who are first certified as protective occupation participants on or after the effective date of this subdivision ....
[LRB inserts date], and who are employed in a county that did not classify county jailers as protective occupation participants on July 1, 2022, shall be treated as employee contributions.
SECTION 10.
40.05 (2) (ap) of the statutes is created to read:
40.05 (2) (ap) The contributions under par.
40.03 (1) (e), for an employee whose formula rate is determined under s.
40.03 (1) - 2024 Legislature - 7 - LRB-0304/1 MIM:skw ASSEMBLY BILL 28 SECTION 10 (e), for an employee whose formula rate is determined under s.
[LRB inserts date], and is one of the following:
[LRB inserts date], and is employed in a county that did not classify county jailers as protective occupation participants on July 1, 2022.
1.
SECTION 11.
Employed in a county that did not classify county jailers as protective occupation participants on the effective date of this subdivision ....
40.05 (2) (ar) of the statutes is renumbered 40.05 (2) (ar) 1.
[LRB inserts date].
and amended to read:
2.
40.05 (2) (ar) 1.
Employed in a county that classified county jailers as protective occupation participants on the effective date of this subdivision ....
Participating Except as provided in subd.
[LRB inserts date], and the county subsequently determines to not classify county jailers as protective occupation participants and instead classify county jailers as general participating employees.”.
2., participating employers of employees subject to s.
5.
40.65 shall contribute an additional percentage or percentages of those employees’ earnings based on the experience rates determined to be appropriate by the board with the advice of the actuary.
Page 7, line 1:
SECTION 12.
delete lines 1 to 10 and substitute:
40.05 (2) (ar) 2.
LRBa0025/1 - 2024 Legislature - 5 - MIM:amn&wlj “40.05 (2) (ar) 2.
of the statutes is created to read:
40.05 (2) (ar) 2.
[LRB inserts date], in a county that did not classify county jailers as protective occupation participants on the effective date of this subdivision ....
[LRB inserts date], and are employed in a county that did not classify county jailers as protective occupation participants on July 1, 2022, may make the contribution under subd.
[LRB inserts date], may make the contribution under subd.
[LRB inserts date], in a county that did not classify county jailers as protective occupation participants on the effective date of this subdivision ....
[LRB inserts date], and are employed in a county that did not classify county jailers as protective occupation participants on July 1, 2022, shall make the contribution under subd.
[LRB inserts date], shall make the contribution under subd.
For employees who are employed as county jailers in a county that classified county jailers as protective occupation participants on the effective date of this subdivision ....
SECTION 13.
[LRB inserts date], the county may at a subsequent date determine to categorize county jailers as general participating employees.
40.23 (3) (a) of the statutes is amended to read:
In such instance, a county jailer who is employed by the county on the date the county determines to categorize county jailers as general participating employees may make a one-time irrevocable election to not be a protective occupation participant.
- 2024 Legislature - 8 - LRB-0304/1 MIM:skw ASSEMBLY BILL 28 SECTION 13 40.23 (3) (a) Except as provided in par.
A county jailer in such a county who opts to remain a protective occupation participant shall make the contribution under subd.
pars.
1.
(b) and (c), the initial monthly amount of any retirement annuity in the normal form shall not be less than the money purchase annuity which can be provided by applying the sum of the participant’s accumulated additional and required contributions, including interest credited to the accumulations, plus an amount from the employer accumulation reserve equal to the participant’s accumulated required contributions, less any accumulated contributions to purchase other governmental service under s.
on a post-tax basis.
40.25 (7), 2001 stats., or s.
A county jailer who is first hired as a county jailer by such a county after the date the county determines to categorize county jailers as general participating employees may make a one-time irrevocable election to not become a protective occupation participant.
40.285 (2) (b) to fund the annuity in accordance with the actuarial tables in effect on the annuity effective date.
Acounty jailer who is first hired as a county jailer by such a county after the date the county determines to categorize county jailers as general participating LRBa0025/1 - 2024 Legislature - 6 - MIM:amn&wlj employees and who opts to become a protective occupation participant shall make the contribution under subd.
SECTION 14.
1.
40.23 (3) (c) of the statutes is created to read:
on a pre-tax basis.”.
40.23 (3) (c) Under par.
6.
Page 7, line 22:
delete the material beginning with that line and ending with page 8, line 3, and substitute:
“40.23 (3) (c) Under par.
[LRB inserts date], and is one of the following:
[LRB inserts date], and is employed in a county that did not classify county jailers as protective occupation participants on July 1, 2022.
1.
SECTION 15.
Employed in a county that did not classify county jailers as protective occupation participants on the effective date of this subdivision ....
40.28 (1) (a) 2.
[LRB inserts date].
of the statutes is amended to read:
2.
40.28 (1) (a) 2.
Employed in a county that classified county jailers as protective occupation participants on the effective date of this subdivision ....
[LRB inserts date], and the county subsequently determines to not classify county jailers as protective occupation participants and instead classify county jailers as general participating employees.”.
7.
Page 8, line 5:
delete lines 5 to 14 and substitute:
“40.28 (1) (a) 2.
40.05 (2) (a), including interest, LRBa0025/1 - 2024 Legislature - 7 - MIM:amn&wlj reserved for a variable annuity on the date the annuity begins.
40.05 (2) (a), including interest, - 2024 Legislature - 9 - LRB-0304/1 MIM:skw ASSEMBLY BILL 28 SECTION 15 reserved for a variable annuity on the date the annuity begins.
The amount applicable for a county jailer applies only to a county jailer who becomes a protective occupation participant on or after the effective date of this subdivision ....
The amount applicable for a county jailer only applies to a county jailer who becomes a protective occupation participant on or after the effective date of this subdivision ....
[LRB inserts date], and who is either employed in a county that did not classify county jailers as protective occupation participants on the effective date of this subdivision ....
[LRB inserts date], and who is employed in a county that did not classify county jailers as protective occupation participants on July 1, 2022;
[LRB inserts date], or employed in a county that classified county jailers as protective occupation participants on the effective date of this subdivision ....
and SECTION 16.
[LRB inserts date], and the county subsequently determines to not classify county jailers as protective occupation participants and instead classify county jailers as general participating employees;
40.65 (4w) of the statutes is created to read:
and”.
40.65 (4w) A county jailer who becomes a protective occupation participant on or after the effective date of this subsection ....
8.
[LRB inserts date], is not entitled to a duty disability benefit under this section for an injury or disease occurring before the effective date of this subsection ....
Page 8, line 20:
[LRB inserts date].
delete the material beginning with that line and ending with page 9, line 5, and substitute:
SECTION 17.
“S ECTION17g.
of the statutes is renumbered 40.73 (1) (am) 3.
of the statutes is amended to read:
(intro.) and amended to read:
(intro.) Twice the employee required contributions, after first subtracting the accumulations under subd.
Twice the employee required contributions, after first subtracting the accumulations under subd.
The amount applicable for a county jailer applies only to a county jailer who becomes a protective occupation participant on or after the effective date of this subdivision ....
The amount applicable for a county jailer only applies to a county jailer who becomes a protective occupation participant on or after the effective date of this subdivision ....
[LRB inserts date], and who is one of the following:
[LRB inserts date], and who is employed in a county that did not classify county jailers as protective occupation participants on July 1, 2022.
S ECTION 17r.
SECTION 18.
40.73 (1) (am) 3.
59.52 (8m) of the statutes is created to read:
a.
59.52 (8m) E MPLOYMENT OF COUNTY JAILERS .
and b.
The board shall provide to an - 2024 Legislature - 10 - LRB-0304/1 MIM:skw ASSEMBLY BILL 28 SECTION 18 individual who is employed as a county jailer an option to elect not to be a protective occupation participant under s.
of the statutes are created to read:
LRBa0025/1 - 2024 Legislature - 8 - MIM:amn&wlj 40.73 (1) (am) 3.
a.
Employed in a county that did not classify county jailers as protective occupation participants on the effective date of this subd.
3.
a.
....
[LRB inserts date].
b.
Employed in a county that classified county jailers as protective occupation participants on the effective date of this subd.
3.
b.
....
[LRB inserts date], and the county subsequently determines to not classify county jailers as protective occupation participants and instead classify county jailers as general participating employees.”.
9.
Page 9, line 7:
delete lines 7 to 11 and substitute:
“59.52(8m) E MPLOYMENT OF COUNTY JAILERS.
(a) The board of an employer that did not classify county jailers as protective occupation participants on the effective date of this paragraph ....
[LRB inserts date], shall provide to an individual who is employed as a county jailer the irrevocable option to elect not to be a protective occupation participant under s.
when hired after the effective date of this paragraph ....
at the time the individual is hired as a county jailer.
[LRB inserts date], as a county jailer for the employer.
An individual shall make an election under this subsection in writing on a form provided by the board.
An individual shall make an election under this paragraph within 60 days of being hired, in writing and on a form provided by the board.
SECTION 19.
(b) The board of an employer that classified county jailers as protective occupation participants on the effective date of this paragraph ....
111.70 (4) (bn) of the statutes is created to read:
[LRB inserts date], and that subsequent to that date determines to classify county jailers as general participating employees shall provide to an individual who is employed as a county jailer on the date the board of the employer determines to classify county jailers as general participating employees the irrevocable option to not be a protective occupation participant under s.
111.70 (4) (bn) Public safety employee determination regarding county jailers.
40.02 (48) (b) 5.
1.
Such a board shall provide notice LRBa0025/1 - 2024 Legislature - 9 - MIM:amn&wlj to county jailers of the board's determination and a jailer's opportunity to remain a protective occupation participant in writing, in a manner that the employer typically uses to provide notices to employees, and shall post such a notice where notices to employees are customarily posted.
Except as provided under subd.
An individual shall make an election under this paragraph within 60 days after the determination by the board of the employer to classify county jailers as general participating employees, in writing and on a form provided by the board.
2., a county jailer, as defined in s.
(c) The board of an employer that classified county jailers as protective occupation participants on the effective date of this paragraph ....
40.02 (48) (b) 5., is a general municipal employee.
[LRB inserts date], and that subsequent to that date determines to classify county jailers as general participating employees shall provide to an individual who is hired as a county jailer after the date the board of the employer determines to classify county jailers as general participating employees the irrevocable option to elect to not become a protective occupation participant under s.
2.
40.02 (48) (b) 5.
A county that treats a county jailer as a public safety employee on the effective date of this subdivision ....
An individual shall make an election under this paragraph within 60 days after being hired, in writing and on a form provided by the board.”.
[LRB inserts date], shall continue to treat any person it employs as a county jailer as a public safety employee except that, if the county raises a question concerning the appropriateness of including county jailers in a collective bargaining unit that includes public safety employees, no person it employs as a county jailer may be treated as a public safety employee.
10.
SECTION 20.
Page 10, line 1:
Nonstatutory provision.
after “subsection” insert “who is not a protective occupation participant on the effective date of this subsection”.
(1) COUNTY JAILER OPT OUT FROM PROTECTIVE OCCUPATION PARTICIPANT STATUS UNDER W ISCONSIN RETIREMENT SYSTEM .
(END)
No later than 60 days after the effective date of this subsection, if an individual employed as a county jailer on the effective date of this subsection does not want to be a protective occupation participant under the Wisconsin Retirement System, the individual shall notify his or her employer in writing on a form provided by the employer.
An election not to be a protective occupation participant is irrevocable.
SECTION 21.
Effective date.
- 2024 Legislature - 11 - LRB-0304/1 MIM:skw ASSEMBLY BILL 28 SECTION 21 (1) This act takes effect on the January 1 after publication.
(END )
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Action History

  1. Published 4-7-2023

  2. Report approved by the Governor on 4-6-2023. 2023 Wisconsin Act 4

  3. Presented to the Governor on 4-3-2023

  4. Report correctly enrolled on 3-24-2023

  5. LRB correction (Assembly Amendment 1)

  6. Received from Senate concurred in

  7. Ordered immediately messaged

  8. Read a third time and concurred in, Ayes 31, Noes 0

  9. Rules suspended to give bill its third reading

  10. Ordered to a third reading

  11. Read a second time

  12. Senator Wirch added as a cosponsor

  13. Placed on calendar 3-22-2023 pursuant to Senate Rule 18(1)

  14. Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 5, Noes 0

  15. Available for scheduling

  16. Read first time and referred to committee on Senate Organization

  17. Received from Assembly

  18. Ordered immediately messaged

  19. Read a third time and passed, Ayes 96, Noes 0

  20. Rules suspended

  21. Ordered to a third reading

  22. Assembly Amendment 1 adopted

  23. Read a second time

  24. Placed on calendar 3-14-2023 by Committee on Rules

  25. Referred to committee on Rules

  26. Report passage as amended recommended by Committee on State Affairs, Ayes 13, Noes 0

  27. Report Assembly Amendment 1 adoption recommended by Committee on State Affairs, Ayes 13, Noes 0

  28. Executive action taken

  29. Assembly Amendment 1 offered by Representative Born

  30. Public hearing held

  31. Fiscal estimate received

  32. Representatives Pronschinske and Andraca added as coauthors

  33. Fiscal estimate received

  34. Senator Quinn added as a cosponsor

  35. Read first time and referred to Committee on State Affairs

  36. Introduced by Representatives Born, Allen, C. Anderson, Armstrong, Behnke, Brooks, Callahan, Dittrich, Donovan, Edming, Emerson, Green, Gustafson, Joers, Kitchens, Krug, Macco, Magnafici, Moses, Murphy, Mursau, Nedweski, Novak, O'Connor, Penterman, Petryk, Plumer, Ratcliff, Rodriguez, Rozar, Schraa, Shankland, Snyder, Sortwell, Spiros, Steffen, Subeck, Summerfield, Tranel, Tusler, VanderMeer, Wittke, Zimmerman and Jacobson; cosponsored by Senators Marklein, Ballweg, Feyen, Jacque, Jagler, James, L. Johnson, Smith and Spreitzer

Sponsors

Sponsorship breakdown

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44 sponsors · 0 co-sponsors · 88 not signed on

Sponsors (44)

Co-sponsors (0)

None.

Not signed on (88)

88 members have not signed on to this bill.

Show all 88 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

CONCURRENCE

Passed 31 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 17001
Democrat 9000
Total 31001
% of votes cast 97%0%0%3%
How each member voted (32)
Member Party Vote
AGARD — Yea
BALLWEG — Yea
JOHNSON — Yea
STROEBEL — Yea
COWLES — Yea
Carpenter, Tim Democrat Yea
Hesselbein, Dianne Democrat Yea
Larson, Chris Democrat Yea
Pfaff, Brad Democrat Yea
Roys, Kelda Democrat Yea
Smith, Jeff Democrat Yea
Spreitzer, Mark Democrat Yea
Taylor, Sequanna Democrat Yea
Wirch, Robert Democrat Yea
Bradley, Julian Republican Yea
Cabral-Guevara, Rachael Republican Yea
Felzkowski, Mary Republican Yea
Feyen, Dan Republican Yea
Hutton, Rob Republican Yea
Jacque, André Republican Not Voting
Jagler, John Republican Yea
James, Jesse Republican Yea
Kapenga, Chris Republican Yea
LeMahieu, Devin Republican Yea
Marklein, Howard Republican Yea
Nass, Steve Republican Yea
Quinn, Romaine Republican Yea
Stafsholt, Rob Republican Yea
Testin, Patrick Republican Yea
Tomczyk, Cory Republican Yea
Wanggaard, Van Republican Yea
Wimberger, Eric Republican Yea

Official roll call →

PASSAGE

Passed 96 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 43000
Democrat 24000
Unaffiliated 29000
Total 96000
% of votes cast 100%0%0%0%
How each member voted (96)
Member Party Vote
BALDEH — Yea
BINSFELD — Yea
BODDEN — Yea
CABRERA — Yea
CONLEY — Yea
CONSIDINE — Yea
EDMING — Yea
GOYKE — Yea
JOHNSON — Yea
KATSMA — Yea
MACCO — Yea
MAGNAFICI — Yea
MICHALSKI — Yea
MYERS — Yea
OHNSTAD — Yea
OLDENBURG — Yea
PETRYK — Yea
PLUMER — Yea
RETTINGER — Yea
RIEMER — Yea
ROZAR — Yea
SAPIK — Yea
SCHMIDT — Yea
SCHRAA — Yea
SCHUTT — Yea
SHANKLAND — Yea
SHELTON — Yea
SPEAKER — Yea
ANDERSON, J — Yea
Anderson, Clinton Democrat Yea
Andraca, Deb Democrat Yea
Bare, Mike Democrat Yea
Billings, Jill Democrat Yea
Clancy, Ryan Democrat Yea
Doyle, Steve Democrat Yea
Drake, Dora Democrat Yea
Emerson, Jodi Democrat Yea
Haywood, Kalan Democrat Yea
Hong, Francesca Democrat Yea
Jacobson, Jenna Democrat Yea
Joers, Alex Democrat Yea
Madison, Darrin Democrat Yea
McGuire, Tip Democrat Yea
Moore Omokunde, Supreme Democrat Yea
Neubauer, Greta Democrat Yea
Ortiz-Velez, Sylvia Democrat Yea
Palmeri, Lori Democrat Yea
Ratcliff, Melissa Democrat Yea
Sinicki, Christine Democrat Yea
Snodgrass, Lee Democrat Yea
Stubbs, Shelia Democrat Yea
Subeck, Lisa Democrat Yea
Vining, Robyn Democrat Yea
Allen, Scott Republican Yea
Armstrong, David Republican Yea
August, Tyler Republican Yea
Born, Mark Republican Yea
Brooks, Robert Republican Yea
Callahan, Calvin Republican Yea
Dallman, Alex Republican Yea
Dittrich, Barbara Republican Yea
Donovan, Bob Republican Yea
Duchow, Cindi Republican Yea
Goeben, Joy Republican Yea
Green, Chanz Republican Yea
Gundrum, Rick Republican Yea
Gustafson, Nate Republican Yea
Hurd, Karen Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Maxey, Dave Republican Yea
Moses, Clint Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Nedweski, Amanda Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
O'Connor, Jerry Republican Yea
Penterman, William Republican Yea
Petersen, Kevin Republican Yea
Pronschinske, Treig Republican Yea
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Yea

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

Who sponsors AB 28?
AB 28 is sponsored by Born, Mark (Republican), Allen, Scott (Republican), Anderson, Clinton (Democrat), Armstrong, David (Republican), Behnke, Elijah (Republican), Brooks, Robert (Republican), Callahan, Calvin (Republican), Dittrich, Barbara (Republican), Donovan, Bob (Republican), Edming, Emerson, Jodi (Democrat), Green, Chanz (Republican), Gustafson, Nate (Republican), Joers, Alex (Democrat), Kitchens, Joel (Republican), Krug, Scott (Republican), Macco, Magnafici, Moses, Clint (Republican), Murphy, David (Republican), Mursau, Jeffrey (Republican), Nedweski, Amanda (Republican), Novak, Todd (Republican), O'Connor, Jerry (Republican), Penterman, William (Republican), Petryk, Plumer, Ratcliff, Melissa (Democrat), Rodriguez, Jessie (Republican), Rozar, Schraa, Shankland, Snyder, Patrick (Republican), Sortwell, Shae (Republican), Spiros, John (Republican), Steffen, David (Republican), Subeck, Lisa (Democrat), Summerfield, Rob (Republican), Tranel, Travis (Republican), Tusler, Ron (Republican), VanderMeer, Nancy (Republican), Wittke, Robert (Republican), Zimmerman, Shannon (Republican), and Jacobson, Jenna (Democrat).
What is the current status of AB 28?
This bill has been enacted into law. Introduced February 10, 2023. Enacted.
Where can I track AB 28?
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