For 2007-09 Budget -- Not Ready For Introduction
2007 BILL

AN ACT ...; relating to: the authority of the Department of Justice.
Analysis by the Legislative Reference Bureau
justice
This bill gives the DOJ the authority to bring an action for injunctive or other equitable relief against a person who interferes with the exercise or enjoyment by an individual of a right secured by the constitution or laws of this state or of the United States.
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:
SECTION 1. 165.10 of the statutes is created to read:

165.10 Civil rights enforcement. If any person, whether or not acting under color of law, interferes with the exercise or enjoyment by any individual of a right secured by the constitution or laws of the United States, or of a right secured by the constitution or laws of this state, the attorney general may bring an action for injunction or other appropriate equitable relief to protect the peaceable exercise or enjoyment of the right secured.
(End)
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2007 - 2008 LEGISLATURE

DOA:......Fath, BB0076 - Low revenue ceiling adjustment
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
Current law limits the amount that each school district can increase per pupil revenue over the per pupil revenue of the prior school year. This limit does not apply to school districts in which the amount of per pupil revenue is less than a statutory revenue ceiling, currently set at $8,400.
This bill increases the per pupil revenue ceiling to $8,700 for the 2007-08 school year and to $9,000 for any subsequent school year.
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. 121.905 (1) of the statutes is amended to read:

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)
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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)
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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.

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