*** Analysis from -2514/1 ***
Under current law, in civil cases, traffic cases, municipal court actions to impose civil monetary forfeitures and small claims actions if a jury is requested, the jury consists of 6 persons. In certain cases, including traffic cases and forfeiture actions, a party to the action may request a greater number of jurors, not to exceed 12 persons. This bill limits the number of jurors to 6 persons in cases involving traffic regulations.
*** Analysis from -0491/1 ***
Under current law, a circuit court fee of $10 collected by each county for filing a petition requesting child or family support or maintenance is used to fund the county's cost of administering the child and spousal support and paternity program. Under this bill, the fee is used for court services related to the filing of a petition for support or maintenance.
*** Analysis from -2441/4 ***
Under current law, a court reporter receives a fee for making a transcript of the court record of $1.50 for a 25-line page for the original and 50 cents for a duplicate page. The fee generally is paid by the county. If the state public defender (SPD) represents the defendant, the state pays the fee. If another party to an action requests a transcript, the party pays the court reporter a fee of $1.75 for a 25-line page for the original and 60 cents for a duplicate page.
This bill allows a court reporter to collect these transcript fees after June 30, 1995, only if the transcript is produced on computer-aided transcription equipment owned by the court reporter and purchased before January 1, 1995. The bill eliminates all court reporter fees after June 30, 1997.
*** Analysis from -2518/1 ***
Other courts and procedure
Under current law, certain proceedings in a criminal case may be conducted by telephone or live audiovisual means, if available. Some of these proceedings may be conducted by telephone or live audiovisual means only with the consent of the defendant. This bill eliminates the requirement for the defendant's consent. Under the bill, either party may request that the proceedings be conducted by telephone or live audiovisual means. The court may then permit the proceedings to be conducted by telephone or live audiovisual means unless the opposing party shows good cause for not doing so.
*** Analysis from -0086/3 ***
Under current law, in antitrust actions, the court may award private parties, but not the department of justice (DOJ), the costs of a suit, including reasonable attorney fees. The costs must be paid by the losing party. In pollution discharge actions, the court may award DOJ the costs of any investigation and monitoring related to a prosecution. Current law does not give the court authority to provide any similar awards to DOJ in consumer protection, medical assistance fraud and environmental protection actions.
This bill permits the court, in consumer protection, environmental protection, medical assistance fraud and pollution discharge actions, to award DOJ an amount reasonably necessary to remedy the harmful effects of the violation, the costs of the suit, including attorney fees and the expenses of investigation and prosecution.
*** Analysis from -1792/3 ***
Under current law, the judicial commission, composed of 5 nonlawyers appointed by the governor with the consent of the senate and 2 judges and 2 state bar members appointed by the supreme court, investigates any misconduct or permanent disability of a judge or court commissioner. The supreme court reviews the actions of the commission and determines the appropriate discipline or action to take in response to the commission's investigation.
Under current law, the judicial council studies the rules of practice and procedure in the courts and the organization and methods of operation of the courts. The judicial council recommends changes in court practice and procedure to the legislature and to the supreme court and advises the supreme court in the promulgation of rules that regulate pleadings, practice and procedure in judicial proceedings.
This bill retains both the judicial commission and the judicial council but abolishes the executive secretary of and clerical support for the judicial council. Under the bill, the judicial commission provides staff services to the judicial council.
*** Analysis from -2130/1 ***
This bill provides immunity from civil liability for property damage if the person causing the damage was acting in good faith in containing and stabilizing a discharge of oil into any navigable waterway and was under the direction of a state or federal hazardous substance contingency plan, a federal on-scene coordinator or the secretary of natural resources. This immunity does not apply to a person who possesses or controls the oil which is discharged, who causes the discharge of the oil or whose act or omission involves reckless, wanton or intentional misconduct.
*** Analysis from -2432/3 ***
Public defender
Under current law, the SPD may seek payment for legal services provided to persons who are indigent in part, from the parents of children for whom the SPD provides legal counsel who are not indigent or who are indigent in part and from persons who have been represented by the SPD and whose financial circumstances improve.
Under this bill, the SPD must establish a system to verify the income, assets and expenses of the persons seeking representation, to make redeterminations of indigency during the course of representation and to collect payments from persons who have been provided counsel. The bill authorizes the SPD to gain access to, and to receive copies of, the income tax returns of its clients from whom the SPD seeks payment for legal representation.
*** Analysis from -2435/1 ***
Under current law, if an indigent person is the respondent in a paternity action and the petitioner is represented by the district attorney, corporation counsel, attorney responsible for support enforcement or some other state or county attorney, the indigent person is entitled to state-paid legal counsel under the SPD program on the issues of paternity determination and initial child support establishment. The legal services provided by SPD end, however, if during the paternity proceeding the results of blood tests show that the respondent is excluded as the father or that the statistical probability of the respondent being the father is 99.0% or higher. This bill eliminates entirely the entitlement of an indigent respondent in a paternity action to state-paid legal services provided by SPD.
*** Analysis from -2437/1 ***
Under a decision by the Wisconsin court of appeals, which the Wisconsin supreme court refused to review and thus upheld, an indigent person is entitled to representation by the SPD in an action for contempt of court that is brought by the state because the person, if found in contempt, may be incarcerated. Brotzman v. Brotzman, 91 Wis. 2d 335 (1979). This bill provides that the SPD may not provide legal representation to a person who is subject to a contempt of court proceeding for failure to pay child or family support if the matter is not brought by the state or if the judge or family court commissioner hearing the matter certifies to the SPD that the person will not be incarcerated if found in contempt.
*** Analysis from -2434/1 ***
Under current law, the SPD may provide legal representation on behalf of an indigent person in a case attacking the conditions of the person's confinement, if the SPD believes the case should be pursued. This bill eliminates this authority.
*** Analysis from -2431/2 ***
Current law provides caseload standards that a staff attorney in the SPD trial division is expected to handle. This bill increases those standards for felony cases from 166.8 to 184.5 per year, for misdemeanor cases from 410.9 to 492 per year and for juvenile cases from 228.4 to 246 per year.
*** Analysis from -1867/1 ***
Current law reduces the caseload standards of 12 SPD staff attorneys to 50% of the full caseload standards imposed by law and requires them to perform supervisory duties. This bill repeals this provision.
*** Analysis from -2436/2 ***
Under current law, the SPD assigns some cases to staff attorneys and some cases to private local attorneys. In each county, the SPD creates a list of qualified private local attorneys for each type of case handled. Generally, the SPD assigns cases in order according to the applicable list. An attorney may not be excluded from a list unless the SPD states in writing the reasons for the exclusion. This bill allows the SPD to assign cases to a private local attorney, without regard to the lists, for reasons related to that attorney's performance.
*** Analysis from -2433/4 ***
Under current law, a private local attorney who receives an assignment from the SPD generally receives $50 per hour for time spent in court, $40 per hour for time spent out of court, excluding travel, and $25 per hour for travel in certain situations. The SPD may also enter into annual contracts with private local attorneys to handle vehicle-related cases and to pay those attorneys an amount set in the contract that does not exceed the previously described rates. This bill authorizes such contracts in all cases, requires the SPD to enter into as many of these contracts as possible, allows the contracts to be made with attorneys or law firms and requires that the contracts set a fixed-fee total amount (subject to the hourly rate limits).
*** Analysis from -0950/2 ***
Current law requires that a prosecutor make available to a person charged with a crime certain information, such as statements of witnesses, police reports and reports of scientific testing, that the prosecutor has in his or her possession. This bill requires the SPD to pay any fee charged for photocopying any such items made available to a person charged with a crime if the SPD or a private attorney appointed by the SPD represents the person. The fee that the SPD may be charged for photocopies may not exceed the actual, necessary and direct cost of photocopying.
*** Analysis from -0876/4 ***
Current law requires a court in criminal, children's code, mental health act and protective services proceedings to consider the ability of the person who is the subject of the proceeding to cooperate and understand the proceeding. If the court has notice that the person has a language difficulty, current law requires the court to hold a hearing to determine if that person needs an interpreter.
Current law requires the state to pay for an interpreter provided to an indigent if the proceedings are in the supreme court, a court of appeals or a circuit court. In Appointment of Interpreter in State v. Le, 184 Wis. 2d 860 (1994), the Wisconsin supreme court decided that the director of state courts is the state agency responsible for the payment of the fees of an interpreter for an indigent in circuit court proceedings and that the SPD is responsible for the payment of fees for those services provided outside a court proceeding. Current law limits the payment of interpreter fees in court proceedings to $35 per one-half day.
This bill codifies the supreme court decision, requiring the SPD to pay the interpreter fees for out -- of -- court assistance to the SPD. The bill sets a payment limit of $35 per one-half day for interpreter services provided to the SPD outside of court proceedings.
*** Analysis from -0776/1 ***
Current law requires the clerk of circuit court to collect a fee of $1.25 per page for copies of general court documents. The register in probate and sheriff collect a fee of $1 per page for copies of similar documents. This bill requires the clerk of circuit court, the register in probate and the sheriff to instead charge the actual, necessary and direct costs for those documents when copies of those documents are requested by the SPD.
*** Analysis from -2348/2 ***
Crimes
Under current law, with certain exceptions for repeat serious felony offenders, if a person is convicted of first-degree intentional homicide or another crime punishable by life imprisonment, the court must sentence the person to life imprisonment and must make a parole eligibility determination either allowing ordinary parole eligibility provisions to apply or setting a later parole eligibility date. This bill gives the court a 3rd option: the court may provide that the life imprisonment is without the possibility of parole.
*** Analysis from -2556/3 ***
Current law provides a number of penalty enhancement provisions to allow for increased penalties whenever crimes are committed under specified circumstances. This bill provides penalty enhancement for violent crimes committed on or within 1,000 yards of school premises or a school bus. If the underlying crime is a felony, the maximum period of imprisonment is increased by 5 years. If the underlying crime is a misdemeanor, the maximum period of imprisonment is increased by 6 months. In addition, unless the person who is convicted of a crime poses a public safety risk, the court may require the person to complete 100 hours of community service work.
*** Analysis from -2457/2 ***
Under current law, the sentencing commission promulgates rules providing guidelines for use by judges whenever sentencing most felony defendants. Judges must take the guidelines into account when imposing a sentence, but may deviate from the guidelines by stating on the record the reasons for the deviation. This bill abolishes the sentencing commission and eliminates the requirement that judges consider the guidelines.
*** Analysis from -0707/4 ***
Education
Primary and secondary education
Article X, Section 1, of the Wisconsin Constitution provides that "the supervision of public instruction shall be vested in a state superintendent of public instruction and such other officers as the legislature shall direct ...." The constitution provides for the election of the state superintendent. The statutes provide that the state superintendent directs and supervises the department of public instruction.
Effective July 1, 1996, this bill changes the name of the department of public instruction (DPI) to the department of education (DOE) and provides for DOE to be under the direction and supervision of a secretary of education who is nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor. All duties and powers currently assigned or granted to the state superintendent, including membership on various boards and councils, are transferred to the secretary of education. The bill creates an office of the state superintendent, attached to DOE, under the direction and supervision of the state superintendent, and directs the state superintendent to:
1. Visit, ascertain the condition of and stimulate public interest in the public schools.
2. Advocate for the needs of children and school districts.
3. Provide information to the public on the public schools and school districts.
4. Annually submit to the governor and the legislature a plan for improving the public schools and the academic achievement of public school pupils.
*** Analysis from -2568/6 ***
This bill transfers from DPI to the department of revenue (DOR), effective July 1, 1996, the responsibility for calculating and distributing general school aid, the responsibility for distributing handicapped education aid, pupil transportation aid, bilingual-bicultural education aid, school library aids and tuition payments. The bill transfers 10 FTE positions from DPI to DOR, but no incumbent DPI employes are transferred.
*** Analysis from -2003/4 ***
Current law requires any person having under his or her control a child between the ages of 6 and 18 years to ensure that the child attends school regularly. Current law provides certain exceptions to that general rule:
1. With the written approval of the parent or guardian of a child who is at least 16 years old and a child at risk, the child may attend, part time or in lieu of high school, a technical college. A child at risk is a pupil in grades 5 to 12 who is one or more years behind his or her age group in the number of high school credits attained, or 2 or more years behind his or her age group in basic skill levels, and is also a dropout, a habitual truant, a parent or an adjudicated delinquent.
2. With the written approval of the parent or guardian of a child who is 16 years old, the child may be excused by a school board from school attendance if the child will participate in an alternative program that leads to high school graduation.
3. With the written approval of the parent or guardian of a child who is at least 17 years old, the child may be excused by a school board from regular school attendance if the child will participate in an alternative program leading to high school graduation or to a high school equivalency diploma.
4. With the written approval of the parent or guardian of a child who is at least 17 years old, the child must be excused by a school board from regular school attendance if the child began a program leading to a high school equivalency diploma in a secured correctional facility and the child and his or her parent or guardian agree that the child will continue to participate in such a program.
This bill reduces the age of compulsory school attendance from 18 to 17 years of age. The bill modifies the exception described in item 3, above. Under the bill, upon the request of any child who is at least 17 years old, the school board may allow the child to participate in an alternative program. Finally, the bill eliminates the exception described in item 4, above.
*** Analysis from -0866/5 ***
Under current law, a school district may admit a pupil who resides in another school district if the pupil's parents pay tuition. In addition, a pupil may attend a public school located outside his or her school district of residence if the 2 school boards agree, the state superintendent approves and the school district of residence pays tuition.
This bill creates an interdistrict school choice program. Beginning in the 1996-97 school year, the bill provides that a pupil may attend any public school located outside his or her school district of residence if the pupil's parent complies with certain application dates and procedures, and requires the school district of residence to pay tuition or an amount agreed to between the 2 school districts. The school district of residence continues to count the pupil in enrollment for state aid purposes.
The school board of attendance may reject an application only if there is no space available in the school or program or the pupil is involved in a disciplinary proceeding. The school board must reject an application, however, if acceptance would violate a plan to reduce racial imbalance in the school district or would be harmful to the efforts of the school board to achieve racial balance in the school district. Similarly, a school district may prohibit a resident pupil from attending school in another school district if the pupil is involved in a disciplinary proceeding. A school district must prohibit a resident pupil from attending school in another school district if allowing such attendance would violate a plan to reduce racial imbalance in the school district or would be harmful to the efforts of the school board to achieve racial balance in the school district.
Beginning in the 1996-97 school year, this bill also creates an interdistrict enrollment options program under which a pupil enrolled in a public school may attend a public school in another school district in order to take one or more courses under certain circumstances. The pupil must continue to attend school in his or her school district of residence for at least one course; the school board of the other school district must determine that there is space available; the school board of the resident school district must not offer, or have space available in, a comparable course; if the course is offered in the high school grades, the school board of the resident school district must determine that the course satisfies high school graduation requirements; and the pupil must meet all of the prerequisites for the course. Acceptance and rejection criteria and procedures for the program are identical to the acceptance and rejection criteria and procedures for the interdistrict school choice program.
The school board of the school district of residence must pay to the school board of the other school district an amount equal to the cost of providing a course to a nonresident pupil under the program, as determined by DOE.
Beginning in the 1996-97 school year, this bill allows a pupil enrolled in a public school to attend a public school located within the pupil's school district of residence but outside the pupil's attendance area under certain circumstances. The school board must determine that there is space available and the pupil must meet all of the prerequisites for the course.
The bill provides that the school board may not reject an application to attend a school in a different attendance area based on the pupil's academic achievement. In addition, the provision described above regarding acceptance or rejection based on the effect on the school district's plans to reduce racial imbalance applies to the intradistrict enrollment options program.
The bill allows a school board that is participating in a special transfer program to reduce racial imbalance (commonly known as chapter 220) or in a merged attendance area program to reduce racial imbalance to modify the application deadlines established in this bill if the deadlines would conflict with chapter 220 or merged attendance area program procedures.
In addition, the parent of a pupil who resides in a school district participating in one of the integration programs must submit the application to attend another school district to the school board of the school district of residence for approval.
The bill also authorizes DOE to modify any provision contained in the interdistrict and intradistrict programs if DOE agrees with the school board that the provision is harmful to the integration program or to the school district's efforts to achieve racial balance.
*** Analysis from -0704/6 ***
Current law allows up to 1.5% of the enrollment of the Milwaukee Public Schools (MPS) to attend, at no charge, any nonsectarian private school located in the city of Milwaukee under certain circumstances. The state pays the private school, on behalf of the pupil, an amount equal to the amount of per pupil aid that MPS receives from the state, and subtracts that amount from the amount paid to MPS.
This bill makes a number of changes in the program beginning in the 1996-97 school year:
1. The bill allows pupils who reside in the city to attend any private school, whether sectarian or nonsectarian.
2. The bill eliminates the 1.5% enrollment limitation described above but provides that no more than 3,500 pupils in the 1996-97 school year and no more than 5,500 pupils in the 1997-98 school year may participate in the program.
3. The bill eliminates a provision that limits the percentage of a private school's enrollment that may participate in the program to 65%.
4. The bill provides that in the 1995-96 school year, the amount paid per pupil is the same as in the 1994-95 school year. Beginning in the 1996-97 school year, the private school receives that amount, increased by the increase in the consumer price index (CPI), or the private school's operating cost per pupil, whichever is less.
5. The bill provides that the MPS aid reduction described above must come first from aid paid to MPS for its special transfer program, commonly known as chapter 220.
