977.02 (3) Promulgate rules regarding the determination of indigency of persons entitled to be represented by counsel, other than children persons who are entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, including the time period in which the determination must be made and the criteria to be used to determine indigency and partial indigency.
SECTION 31. 977.05 (4) (gm) of the statutes is amended to read:
977.05 (4) (gm) In accordance with the standards under pars. (h) and (i), accept referrals from judges and courts for the provision of legal services without a determination of indigency of children persons who are entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, appoint counsel in accordance with contracts and policies of the board, and inform the referring judge or court of the name and address of the specific attorney who has been assigned to the case.
SECTION 32. 977.05 (4) (h) of the statutes is amended to read:
977.05 (4) (h) Accept requests for legal services from children persons who are entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23 and from indigent persons who are entitled to be represented by counsel under s. 967.06 or who are otherwise so entitled under the constitution or laws of the United States or this state and provide such persons with legal services when, in the discretion of the state public defender, such provision of legal services is appropriate.
SECTION 33. 977.05 (4) (i) 8. of the statutes is amended to read:
977.05 (4) (i) 8. Cases involving individuals who are subject to petitions for protective placement or involuntary administration of psychotropic medication under ch. 55.
SECTION 34. 977.06 (2) (a) of the statutes is amended to read:
977.06 (2) (a) A person seeking to have counsel assigned for him or her under s. 977.08, other than a child person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, shall sign a statement declaring that he or she has not disposed of any assets for the purpose of qualifying for that assignment of counsel. If the representative or authority making the indigency determination finds that any asset was disposed of for less than its fair market value for the purpose of obtaining that assignment of counsel, the asset shall be counted under s. 977.07 (2) at its fair market value at the time it was disposed of, minus the amount of compensation received for the asset.
SECTION 35. 977.06 (2) (am) of the statutes is amended to read:
977.06 (2) (am) A person seeking to have counsel assigned for him or her under s. 977.08, other than a child person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, shall sign a statement declaring that the information that he or she has given to determine eligibility for assignment of counsel he or she believes to be true and that he or she is informed that he or she is subject to the penalty under par. (b).
SECTION 36. 977.07 (1) (a) of the statutes is amended to read:
977.07 (1) (a) Determination of indigency for persons entitled to counsel shall be made as soon as possible and shall be in accordance with the rules promulgated by the board under s. 977.02 (3) and the system established under s. 977.06. No determination of indigency is required for a child person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23.
SECTION 37. 977.07 (1) (c) of the statutes is amended to read:
977.07 (1) (c) For all referrals made under ss. 809.107, 809.30, 974.06 (3) (b) and 974.07 (11), except a referral of a child person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, a representative of the state public defender shall determine indigency. For referrals made under ss. 809.107, 809.30 and 974.06 (3) (b), except a referral of a child person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, the representative of the state public defender may, unless a request for redetermination has been filed under s. 809.30 (2) (d) or the person's request for representation states that his or her financial circumstances have materially improved, rely upon a determination of indigency made for purposes of trial representation under this section.
SECTION 38. 977.075 (1g) of the statutes is created to read:
977.075 (1g) In this section, "client responsible for payment" means a client of the state public defender other than a client entitled to legal representation without a determination of indigency.
SECTION 39. 977.075 (3) of the statutes is amended to read:
977.075 (3) The board shall establish by rule a fee schedule that sets the amount that a person, other than a parent subject to s. 48.275 (2) (b) or 938.275 (2) (b), who is client responsible for payment for legal representation shall pay for the cost of the legal representation if the person client does not pay the applicable discount fee under sub. (3m). The schedule shall establish a fee for a given type of case, and the fee for a given type of case shall be based on the average cost, as determined by the board, for representation for that type of case.
SECTION 40. 977.075 (3m) of the statutes is amended to read:
977.075 (3m) The board shall establish by rule a fee schedule that sets the discount amount that a person, other than a parent subject to s. 48.275 (2) (b) or 938.275 (2) (b), who is client responsible for payment for legal representation, may pay during a time period established by rule instead of paying the applicable fee under sub. (3). The fee schedule shall establish a discount fee for each type of case included in the schedule under sub. (3). If a person client responsible for payment pays the applicable discount fee within the time period established under this section, the person client may not be held liable for any additional payment for counsel.
SECTION 41. 977.075 (4) of the statutes is created to read:
977.075 (4) The board shall establish by rule a fee schedule that sets the maximum amount that a parent subject to s. 48.275 (2) (b) or 938.275 (2) (b) shall pay as reimbursement for legal services and sets the maximum amount that a person subject to s. 51.605 or 55.107 shall pay as reimbursement for legal services. The maximum amounts under this subsection shall be based on the average cost, as determined by the board, for each applicable type of case.
SECTION 42. 977.08 (1) of the statutes is amended to read:
977.08 (1) If the representative or the authority for indigency determinations specified under s. 977.07 (1) refers a case to or within the office of the state public defender or if a case is referred under s. 48.23 (4), 51.60, 55.105, or 938.23 (4), the state public defender shall assign counsel according to subs. (3) and (4). If a defendant makes a request for change of attorney assignment, the change of attorney must be approved by the circuit court.
SECTION 43. 977.08 (2) (intro.) of the statutes is amended to read:
977.08 (2) (intro.) All attorneys in a county shall be notified in writing by the state public defender that a set of lists is being prepared of attorneys willing to represent children persons referred under s. 48.23 (4), 51.60, 55.105, or 938.23 (4) and indigent clients in the following:
SECTION 44. 977.08 (2) (d) of the statutes is repealed.
SECTION 45. 977.085 (3) of the statutes is amended to read:
977.085 (3) The board shall provide quarterly reports to the joint committee on finance on the status of reimbursement for or recoupment of payments under ss. 48.275, 51.605, 55.107, 757.66, 938.275, 977.06, 977.07 (2), 977.075 and 977.076, including the amount of revenue generated by reimbursement and recoupment. The quarterly reports shall include any alternative means suggested by the board to improve reimbursement and recoupment procedures and to increase the amount of revenue generated. The department of justice, district attorneys, circuit courts and applicable county agencies shall cooperate by providing any necessary information to the state public defender.
SECTION 9336. Initial applicability; Public Defender Board.
(1) REPRESENTATION IN CIVIL COMMITMENT, PROTECTIVE PLACEMENT, AND INVOLUNTARY MEDICATION CASES. The treatment of sections 20.550 (1) (L), 51.15 (9), 51.20 (3) and (18) (c), 51.35 (1) (e) 1. and 2. c., 51.45 (12) (b) (intro.), 1., 2., and 3. and (c) 2., 51.45 (13) (b) 2., (d), and (j) and (16) (c), 51.60, 51.605, 55.10 (4) (a), 55.105, 55.107, 55.135 (1), 55.14 (7), 55.15 (7) (cm), 55.18 (3) (c) (intro.), 55.19 (3) (c) (intro.), 809.30 (2) (d), 967.06 (2) (a) and (b), 977.02 (2m), 977.05 (4) (gm), (h), and (i) 8., 977.06 (2) (a) and (am), 977.07 (1) (a) and (c), 977.075 (1g), (3), (3m), and (4), and 977.08 (1) and (2) (intro.) and (d) of the statutes first applies to civil proceedings commencing, emergency detentions or emergency placements occurring, placement transfers occurring, or petitions for, or annual reviews of, court orders for involuntary administration of psychotropic medication commencing on July 1, 2008.
SECTION 9436. Effective dates; Public Defender Board.
(1) REPRESENTATION IN CIVIL COMMITMENT, PROTECTIVE PLACEMENT, AND INVOLUNTARY MEDICATION CASES. The treatment of sections 20.550 (1) (f), 51.15 (9), 51.20 (3) and (18) (c), 51.35 (1) (e) 1. and 2. c., 51.45 (12) (b) (intro.), 1., 2., and 3. and (c) 2., 51.45 (13) (b) 2., (d), and (j) and (16) (c), 51.60, 51.605, 55.10 (4) (a), 55.105, 55.107, 55.135 (1), 55.14 (7), 55.15 (7) (cm), 55.18 (3) (c) (intro.), 55.19 (3) (c) (intro.), 809.30 (2) (d), 814.69 (1) (a), 967.06 (1), (2) (a) and (b), and (3), 977.05 (4) (gm), (h), and (i) 8., 977.06 (2) (a) and (am), 977.07 (1) (a) and (c), 977.075 (1g), (3), (3m), and (4), 977.08 (1) and (2) (intro.) and (d), and 977.085 (3) of the statutes and SECTION 9336 (1) of this act take effect on July 1, 2008.
(End)
LRB-0469LRB-0469/1
PG:kjf:rs
2007 - 2008 LEGISLATURE
DOA:......Fath, BB0106 - School breakfast reimbursement rate
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
Under current law, the state reimburses school boards and private schools 10 cents for each breakfast served under the School Breakfast Program. This bill raises the reimbursement rate to 15 cents.
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. 115.341 (1) of the statutes is amended to read:
115.341 (1) From the appropriation under s. 20.255 (2) (cm), the state superintendent shall reimburse each school board 10 15 cents for each breakfast served at a school that meets the requirements of 7 CFR 220.8 or 220.8a, whichever is applicable, and shall reimburse each governing body of a private school 10 15 cents for each breakfast served at the private school that meets the requirements of 7 CFR 220.8 or 220.8a, whichever is applicable.
SECTION 9337. Initial applicability; Public Instruction.
(1) SCHOOL BREAKFAST PROGRAMS. The treatment of section 115.341 (1) of the statutes first applies to breakfasts served during the 2007-08 school year.
(End)
LRB-0470LRB-0470/1
TKK:kjf:nwn
2007 - 2008 LEGISLATURE
DOA:......Fath, BB0109 - Add new schools to SAGE Program
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 allows an eligible school board to enter into a five-year renewable student achievement guarantee (SAGE) contract with DPI to reduce class size to 15 pupils in grades kindergarten to three in schools with specified low-income enrollment. Eligible schools receive $2,250 for each low-income pupil enrolled in grades eligible for SAGE funding. The most recent set of SAGE contracts expired at the end of the 2004-05 school year.
This bill authorizes a new installment of renewable, five-year SAGE contracts beginning in the 2008-09 school year. DPI is required to give priority in awarding new SAGE contracts to schools with the highest percentage of low-income pupils.
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. 118.43 (2) (bt) of the statutes is created to read:
118.43 (2) (bt) In the 2008-09 school year, the school board of an eligible school district may enter into a 5-year achievement guarantee contract with the department on behalf of one or more schools in the school district if the school board is not receiving a grant under the preschool to grade 5 program on behalf of the schools under s. 115.45. In awarding a contract under this paragraph, the department shall give priority to schools that have the highest percentage of low-income pupil enrollment.
SECTION 2. 118.43 (2) (e) 1. of the statutes is amended to read:
118.43 (2) (e) 1. If the school board of an eligible school district does not enter into an achievement guarantee contract with the department, a school board that has entered into such a contract, other than the school board of the school district operating under ch. 119, may apply to the department to enter into such a contract on behalf of one or more schools that meet the requirements under par. (b), (bg) or, (br), or (bt).
SECTION 3. 118.43 (2) (g) of the statutes is amended to read:
118.43 (2) (g) The department may renew an achievement guarantee contract under pars. (b), (bg), and (br), and (bt) for one or more terms of 5 school years. As a condition of receiving payments under a renewal of an achievement guarantee contract, a school board shall maintain the reduction of class size achieved during the last school year of the original achievement guarantee contract for the grades specified for the last school year of the contract.
SECTION 4. 118.43 (3) (intro.) of the statutes is amended to read:
118.43 (3) CONTRACT REQUIREMENTS. (intro.) Except as provided in pars. (am) and (ar), an An achievement guarantee contract shall require the school board to do all of the following in each participating school:
SECTION 5. 118.43 (3) (a) (intro.) of the statutes is amended to read:
118.43 (3) (a) Class size. (intro.) Reduce For contracts that begin in the 1996-97 school year, reduce each class size to 15 in the following manner:
SECTION 6. 118.43 (3) (at) of the statutes is created to read:
118.43 (3) (at) Class size; additional contracts. For contracts that begin in the 2008-09 school year, reduce each class size to 15 in the following manner:
1. In the 2008-09 school year, in at least grades kindergarten and one.
2. In the 2009-10 school year, in at least grades kindergarten to 2.
3. In the 2010-11 to 2012-13 school years, in at least grades kindergarten to 3.
SECTION 7. 118.43 (6) (b) 9. of the statutes is amended to read:
118.43 (6) (b) 9. In the 2005-06 and 2006-07 school years, $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by renewals of contracts under sub. (2) (g); and in the 2007-08 school year and any subsequent school year, $2,250 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by renewals of contracts under sub. (2) (g).
SECTION 8. 118.43 (6) (b) 10. of the statutes is created to read:
118.43 (6) (b) 10. In the 2008-09 school year, $2,250 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under sub. (3) (at) and by renewals of contracts under sub. (2) (g).
(End)
LRB-0472LRB-0472/3
TKK:cjs:rs
2007 - 2008 LEGISLATURE
DOA:......Fath, BB0103 - Driver education aid for MPS low income pupils
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
