121.905 (1) In this section, "revenue ceiling" means $8,100 $8,700 in the 2005-06 2007-08 school year and $8,400 $9,000 in any subsequent school year.
(End)
LRB-0453LRB-0453/1
TKK:wlj:pg
2007 - 2008 LEGISLATURE
DOA:......Fath, BB0085 - Grants for world languages initiative for elementary schools
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
education
Primary and secondary education
This bill creates a grant program to encourage world languages instruction in elementary grades. Under the bill, school boards may apply to DPI for a six-year grant to pay for a portion of the compensation packages of up to two teachers and to phase in world languages instruction in grades one to six.
The bill directs DPI to adopt rules establishing criteria for receiving a grant and requires teachers from participating schools to attend professional development workshops to be offered by the department twice each year. A component of the professional development program will be methods for integrating the world language into the curricula of other classes taught concurrently with the world language.
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. 20.255 (2) (ch) of the statutes is created to read:
20.255 (2) (ch) Grants for world languages instruction . The amounts in the schedule for grants to school districts for world languages instruction under s. 115.455.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 115.455 of the statutes is created to read:
115.455 Grants for world languages instruction. (1) Beginning in 2008-09, the state superintendent shall award grants to school districts to promote the teaching of world languages in grades 1 to 6. Grants awarded under this section shall be paid from the appropriation under s. 20.255 (2) (ch) over a non renewable, 6-year term.
(2) The department shall promulgate rules to implement this section, which rules shall include all of the following:
(a) A definition of world languages eligible for inclusion under this section.
(b) Criteria for selecting recipients of an award under this section. Selection criteria shall include the quality of the application and the ability of the applicant to continue teaching world languages at the end of the 6-year term. The department shall strive to distribute grants among urban, rural, and suburban school districts.
(c) The schedule of payments to be made pursuant to each award.
(3) A school board may apply to the department for a 6-year grant to add instruction in world languages in grades 1 to 6. Except as provided in subs. (4) and (5), the state superintendent shall award grants and each school board receiving an award under this section shall use the grant moneys as follows:
(a) During the first year of the award, $30,000 to assign one teacher to teach a world language to first grade students.
(b) During the 2nd year of the award, $30,000 to assign one teacher to teach one or more world languages to 1st and 2nd grade students.
(c) During the 3rd year of the award, $60,000 to assign 2 teachers to teach one or more world languages to 1st, 2nd, and 3rd grade students.
(d) During the 4th year of the award, $60,000 to assign 2 teachers to teach one or more world languages to 1st to 4th grade students.
(e) During the 5th year of the award, $30,000 to assign 2 teachers to teach one or more world languages to 1st to 5th grade students.
(f) During the 6th year of the award, $30,000 to assign 2 teachers to teach one or more world languages to 1st to 6th grade students.
(4) In each year of the 6-year grant, each school board receiving an award under this section shall use a portion of the grant moneys received to send the following 3 teachers to twice-yearly professional development workshops offered by the department:
(a) One teacher who is funded by a grant awarded under this section and who is teaching a world language in the grade level added, pursuant to the schedule under sub. (3), in the year the workshop is offered.
(b) For the purpose of integrating a world language into their curricula, 2 teachers who do not teach a world language but who teach at the same grade level as the teacher specified in par. (a).
(5) If the appropriation under s. 20.255 (2) (ch) in any fiscal year is insufficient to fully fund the grants awarded under this section, the department shall prorate the available moneys among the school districts receiving an award under this section.
(End)
LRB-0459LRB-0459/2
RLR:lmk:rs
2007 - 2008 LEGISLATURE
DOA:......Wavrunek, BB0079 - Eligibility for public defender representation
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Public defender
Under current law, the State Public Defender (SPD) provides counsel to represent people in various legal proceedings, including criminal proceedings that may result in imprisonment, emergency detention or involuntary civil commitment proceedings, proceedings for the protective placement of an adult, paternity determinations, and juvenile delinquency proceedings. The SPD provides counsel to children regardless of the child's income or assets, but only provides counsel to adults who are indigent.
This bill requires the SPD to provide legal representation to any person, regardless of whether the person is indigent, who seeks SPD representation and is the subject of an involuntary commitment proceeding for mental health or alcoholism treatment, a protective placement or services proceeding, or a proceeding concerning involuntary administration of psychotropic medication. The bill provides that the court may require such a person, who is an adult, to reimburse the SPD for all or part of the costs of legal representation if the person is able to make reimbursement. The bill makes the changes in eligibility for SPD representation effective July 1, 2008.
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. 20.550 (1) (f) of the statutes is amended to read:
20.550 (1) (f) Transcripts, discovery, and interpreters. The amounts in the schedule for the costs of interpreters and discovery materials and for the compensation of court reporters or clerks of circuit court for preliminary examination, trial, and appeal transcripts, and the payment of related costs under s. 967.06 (3).
SECTION 2. 20.550 (1) (L) of the statutes is amended to read:
20.550 (1) (L) Private bar and investigator reimbursement; payments for legal representation. All moneys received, after first deducting the amounts appropriated under par. (fb), from persons as payment for legal representation to be used for the reimbursement of private attorneys appointed to act as counsel for a child or an indigent person under s. 977.08 and for reimbursement for contracting for services of private investigators.
SECTION 3. 51.15 (9) of the statutes is amended to read:
51.15 (9) NOTICE OF RIGHTS. At the time of detention the individual shall be informed by the director of the facility or such person's designee, both orally and in writing, of his or her right to contact an attorney and a member of his or her immediate family, the right to have an attorney provided at public expense, as provided under s. 967.06 and ch. 977, if the individual is a child or is indigent, 51.60, and the right to remain silent and that the individual's statements may be used as a basis for commitment. The individual shall also be provided with a copy of the statement of emergency detention.
SECTION 4. 51.20 (3) of the statutes is amended to read:
51.20 (3) LEGAL COUNSEL. At the time of the filing of the petition the court shall assure that the subject individual is represented by adversary counsel. If the individual claims or appears to be indigent, the court shall refer the person to the authority for indigency determinations specified under s. 977.07 (1). If the individual is a child, the court shall refer that child by referring the individual to the state public defender, who shall appoint counsel for the child individual without a determination of indigency, as provided in s. 48.23 (4) 51.60.
SECTION 5. 51.20 (18) (c) of the statutes is amended to read:
51.20 (18) (c) Expenses of the proceedings from the presentation of the statement of emergency detention or petition for commitment to the conclusion of the proceeding shall be allowed by the court and paid by the county from which the subject individual is detained, committed, or released, in the manner that the expenses of a criminal prosecution are paid, as provided in s. 59.64 (1). Payment of attorney fees for appointed attorneys in the case of children and indigents shall be in accordance with ch. 977.
SECTION 6. 51.35 (1) (e) 1. of the statutes is amended to read:
51.35 (1) (e) 1. Whenever any transfer between different treatment facilities results in a greater restriction of personal freedom for the patient and whenever the patient is transferred from outpatient to inpatient status, the department or the county department specified under par. (a) shall inform the patient both orally and in writing of his or her right to contact an attorney and a member of his or her immediate family, the right to have counsel provided at public expense, as provided under s. 967.06 and ch. 977, if the patient is a child or is indigent 51.60, and the right to petition a court in the county in which the patient is located or the committing court for a review of the transfer.
SECTION 7. 51.35 (1) (e) 2. c. of the statutes is amended to read:
51.35 (1) (e) 2. c. The patient's right to have counsel provided at public expense, as provided under s. 967.06 and ch. 977, if the patient is a child or is indigent 51.60.
SECTION 8. 51.45 (12) (b) (intro.), 1. and 3. of the statutes are consolidated, renumbered 51.45 (12) (b) and amended to read:
51.45 (12) (b) The physician, spouse, guardian, or a relative of the person sought to be committed, or any other responsible person, may petition a circuit court commissioner or the circuit court of the county in which the person sought to be committed resides or is present for commitment under this subsection. The petition shall: 1. State state facts to support the need for emergency treatment; 3. Be and be supported by one or more affidavits which that aver with particularity the factual basis for the allegations contained in the petition.
SECTION 9. 51.45 (12) (b) 2. of the statutes is repealed.
SECTION 10. 51.45 (12) (c) 2. of the statutes is amended to read:
51.45 (12) (c) 2. Assure that the person sought to be committed is represented by counsel and, if the person claims or appears to be indigent, refer the person to the authority for indigency determinations specified under s. 977.07 (1) or, if the person is a child, refer that child by referring the person to the state public defender, who shall appoint counsel for the child person without a determination of indigency, as provided in s. 48.23 (4) 51.60.
SECTION 11. 51.45 (13) (b) 2. of the statutes is amended to read:
51.45 (13) (b) 2. Assure that the person is represented by counsel and, if the person claims or appears to be indigent, refer the person to the authority for indigency determinations specified under s. 977.07 (1) or, if the person is a child, refer that child by referring the person to the state public defender, who shall appoint counsel for the child person without a determination of indigency, as provided in s. 48.23 (4) 51.60. The person shall be represented by counsel at the preliminary hearing under par. (d). The person may, with the approval of the court, waive his or her right to representation by counsel at the full hearing under par. (f).
SECTION 12. 51.45 (13) (d) of the statutes is amended to read:
51.45 (13) (d) Whenever it is desired to involuntarily commit a person, a preliminary hearing shall be held under this paragraph. The purpose of the preliminary hearing shall be to determine if there is probable cause for believing that the allegations of the petition under par. (a) are true. The court shall assure that the person shall be is represented by counsel at the preliminary hearing and, if the person is a child or is indigent, by referring the person to the state public defender, who shall appoint counsel shall timely be appointed at public expense, as provided in s. 967.06 and ch. 977 for the person without a determination of indigency, as provided in s. 51.60. Counsel shall have access to all reports and records, psychiatric and otherwise, which have been made prior to the preliminary hearing. The person shall be present at the preliminary hearing and shall be afforded a meaningful opportunity to be heard. Upon failure to make a finding of probable cause under this paragraph, the court shall dismiss the petition and discharge the person from the custody of the county department.
SECTION 13. 51.45 (13) (j) of the statutes is amended to read:
51.45 (13) (j) Upon the filing of a petition for recommitment under par. (h), the court shall fix a date for a recommitment hearing within 10 days, and assure that the person sought to be recommitted is represented by counsel and, if the person is indigent, appoint by referring the person to the state public defender, who shall appoint counsel for him or her, unless waived for the person without a determination of indigency, as provided in s. 51.60. The provisions of par. (e) relating to notice and to access to records, names of witnesses, and summaries of their testimony shall apply to recommitment hearings under this paragraph. At the recommitment hearing, the court shall proceed as provided under pars. (f) and (g).
SECTION 14. 51.45 (16) (c) of the statutes is repealed.
SECTION 15. 51.60 of the statutes is created to read:
51.60 Appointment of counsel. (1) ADULTS. (a) In any situation under this chapter in which an adult individual has a right to be represented by counsel, the individual shall be referred as soon as practicable to the state public defender, who shall appoint counsel for the individual under s. 977.08 without a determination of indigency.
(b) Except as provided in s. 51.45 (13) (b) 2., par. (a) does not apply if the individual knowingly and voluntarily waives counsel.
(2) MINORS. In any situation under this chapter in which a minor has a right to be represented by counsel, counsel for the minor shall be appointed as provided in s. 48.23 (4).
(3) RETAINED COUNSEL. Notwithstanding subs. (1) and (2), an individual subject to proceedings under this chapter is entitled to retain counsel of his or her own choosing at his or her own expense.
SECTION 16. 51.605 of the statutes is created to read:
51.605 Reimbursement for counsel provided by the state. (1) INQUIRY. At or after the conclusion of a proceeding under this chapter in which the state public defender has provided counsel for an adult individual, the court may inquire as to the individual's ability to reimburse the state for all or part of the cost of representation. If the court determines that the individual is able to make reimbursement for all or part of the cost of representation, the court may order the individual to reimburse the state an amount not to exceed the maximum amount established by the public defender board under s. 977.075 (4). Upon the court's request, the state public defender shall conduct a determination of indigency under s. 977.07 and report the results of the determination to the court.
(2) PAYMENT. Reimbursement ordered under this section shall be made to the clerk of courts of the county where the proceedings took place. The clerk of courts shall transmit payments under this section to the county treasurer, who shall deposit 25 percent of the payment amount in the county treasury and transmit the remainder to the secretary of administration. Payments transmitted to the secretary of administration shall be deposited in the general fund and credited to the appropriation account under s. 20.550 (1) (L).
(3) REPORT. By January 31st of each year, the clerk of courts for each county shall report to the state public defender the total amount of reimbursements ordered under sub. (1) in the previous calendar year and the total amount of reimbursements paid to the clerk under sub. (2) in the previous year.
SECTION 17. 55.10 (4) (a) of the statutes is amended to read:
55.10 (4) (a) Counsel; costs. The individual sought to be protected has the right to counsel whether or not the individual is present at the hearing on the petition. The court shall require representation by full legal counsel whenever the petition alleges that the individual is not competent to refuse psychotropic medication under s. 55.14, the individual sought to be protected requested such representation at least 72 hours before the hearing, the guardian ad litem or any other person states that the individual sought to be protected is opposed to the petition, or the court determines that the interests of justice require it. If the individual sought to be protected or any other person on his or her behalf requests but is unable to obtain legal counsel, the court shall appoint refer the individual to the state public defender as provided under s. 55.105 for appointment of legal counsel. Counsel shall be provided at public expense, as provided under s. 967.06 and ch. 977, if the individual is indigent. If the individual sought to be protected is an adult who is indigent, and if counsel was not appointed under s. 977.08, the county in which the hearing is held is liable for any fees due the individual's legal counsel. If the individual sought to be protected is represented by counsel appointed under s. 977.08 in a proceeding for the appointment of a guardian under s. 880.33 ch. 54, the court shall order the counsel appointed under s. 977.08 to represent under this section the individual sought to be protected.
SECTION 18. 55.105 of the statutes is created to read:
55.105 Appointment of counsel. (1) In any situation under this chapter in which an adult individual has a right to be represented by legal counsel, the individual shall be referred as soon as practicable to the state public defender, who shall appoint counsel for the individual under s. 977.08 without a determination of indigency.
(2) In any situation under this chapter in which a minor has a right to be represented by legal counsel, legal counsel for the minor shall be appointed as provided in s. 48.23 (4).
(3) Notwithstanding subs. (1) and (2), an individual subject to proceedings under this chapter is entitled to retain counsel of his or her own choosing at his or her own expense.
SECTION 19. 55.107 of the statutes is created to read:
55.107 Reimbursement of counsel provided by the state. (1) At or after the conclusion of a proceeding under this chapter in which the state public defender has provided legal counsel for an adult individual, the court may inquire as to the individual's ability to reimburse the state for all or part of the cost of representation. If the court determines that the individual is able to make reimbursement for all or part of the cost of representation, the court may order the individual to reimburse the state an amount not to exceed the maximum amount established by the public defender board under s. 977.075 (4). Upon the court's request, the state public defender shall conduct a determination of indigency under s. 977.07 and report the results of the determination to the court.
(2) Reimbursement ordered under this section shall be made to the clerk of courts of the county where the proceedings took place. The clerk of courts shall transmit payments under this section to the county treasurer, who shall deposit 25 percent of the payment amount in the county treasury and transmit the remainder to the secretary of administration. Payments transmitted to the secretary of administration shall be deposited in the general fund and credited to the appropriation account under s. 20.550 (1) (L).
