Under current law, the department of workforce development (DWD)
administers the fair housing law. This bill transfers from DWD to the department
of commerce the responsibility for administering that portion of the fair housing law
that requires certain multifamily housing to be designed and constructed so as to be
accessible to persons with disabilities. Specifically, under the bill, the responsibility
for setting accessibility standards, for reviewing plans and specifications for
proposed covered multifamily housing and for granting variances from those
standards is transferred to the department of commerce. The responsibility for
receiving, investigating and hearing complaints charging that there has been a
violation of those accessibility standards, however, remains with DWD.

This bill authorizes the department of commerce to make a grant to a
consortium consisting of a business and a higher educational institution in Eau
Claire County for establishing a distance education center for technology and
engineering instruction.

The bill also authorizes the department of commerce to award grants for
capitalization of revolving loan funds for local and regional economic development
and to make loans for specific projects consisting of the renovation or construction
of buildings, or the purchase of land, buildings, machinery or equipment, for the
purpose of fostering economic development in an area.

In general, a recipient of a grant or loan must submit a plan detailing the
proposed use of the grant or loan, enter into a written agreement that specifies the
conditions for the use of the funds and agree to submit a report on the use of the funds
after they have been spent. A loan recipient must contribute matching funds for at
least 25% of the project cost.

Current law authorizes the department of commerce to award grants to
businesses in rural municipalities for the start-up, modernization or expansion of

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a dairy farm or other agricultural business. Grants are limited to no more than
$200,000 in the aggregate in a fiscal year. This bill changes the maximum aggregate
amount for those grants to $500,000 in a fiscal year.

Current law directs the business development assistance center in the
department of commerce to act as an ombudsman for brownfields redevelopment
projects and to assist the department of commerce in administering the brownfields
grant program. (Brownfields are abandoned or idle industrial or commercial
facilities or sites that are not expanded or redeveloped because of actual or perceived
environmental contamination.) Current law contains an appropriation under which
moneys from the petroleum inspection fund are to be used for activities of and staff
for the business development assistance center in the department of commerce. This
bill changes the purpose of that appropriation to administration of brownfields
redevelopment activities.

Current law requires the department of corrections (DOC) to establish fees for
juvenile correctional services provided by DOC. Current law also requires the
department of health and family services (DHFS) to include DOC's fees in DHFS'
uniform system of fees and to collect the fees owed to DOC. This bill requires DOC
to establish its own uniform system of fees and to collect the fees owed to DOC for
the juvenile correctional services provided by DOC.

Under current law, the county of venue (the county in which a proceeding before
the court assigned to exercise jurisdiction under the children's code and the juvenile
justice code (juvenile court) takes place) must pay reasonable compensation to a
guardian ad litem (GAL) appointed for a child in such a proceeding. This bill permits
the juvenile court to order the child's parents to pay all or any part of that
compensation and to pay the fee for any expert witness used by the GAL. Under the
bill, if one or both of the child's parents are indigent, or if the juvenile court
determines that it would be unfair to require a parent to pay, the juvenile court may
order the county of venue to pay the GAL's compensation and the fees of any expert
witness, in whole or in part. If the juvenile court orders the county of venue to pay
because a parent is indigent, the juvenile court may order the parents to reimburse
the county, in whole or in part, for the payment.

Under current law, the chief justice of the supreme court may appoint certain
persons to serve as temporary reserve judges, including persons who have been
supreme court justices, court of appeals judges or circuit judges. Temporary reserve
judges perform judicial duties on a day-to-day basis as the chief justice directs.
Currently, a temporary reserve judge receives a per diem payment for his or her
services of $243.49, which is based on a per diem payment of $225 in 1993 increased

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by the same percentage increase as the total percentage increase in circuit judges'
salaries authorized during each 12-month period ending on August 1.

Under this bill, the per diem payment for a temporary reserve judge is $255.66
until August 1, 1998, when the per diem payment is increased by the percentage
increase authorized for circuit judges' salaries.

This bill provides immunity from civil liability for any governmental unit or
public official, employe or agent for any act or omission committed in reliance upon
a written opinion of the attorney general. The opinion may relate to any subject. The
bill does not specify whether the opinion must be published.

This bill makes changes in current law relating to litigation brought by
prisoners (persons incarcerated, imprisoned, confined or detained in a jail or prison)
and to petitions for writs of habeas corpus. Among the changes are:

Currently, a person with a disability who is entitled to bring a lawsuit may, in
certain cases, have the period for commencing the lawsuit extended until a certain
length of time after the person's disability ceases if the person had the disability at
the time the event giving rise to the lawsuit occurred. Current law allows former
prisoners to bring a lawsuit within 5 years after they are no longer in prison. This
bill removes prisoner status as a disability for purposes of extending the period
permitted for bringing a lawsuit. The bill requires a prisoner to bring a lawsuit
related to prison or jail conditions for which there are administrative remedies
available, including a petition for a writ of certiorari, within 30 days after the event
giving rise to the lawsuit occurs or the lawsuit is barred. (A petition for a writ of
certiorari involves asking a court to review an action taken by an administrative
agency or a lower court based on the information used by the agency or lower court
and without presenting any additional information to the reviewing court.)

This bill provides that a petition for a writ of certiorari is a prisoner's only
method of challenging certain official actions. Currently, a prisoner may use any
available legal remedy to challenge official actions, including a summons and
complaint, writ of mandamus or writ of certiorari. Under the bill, the decisions that
may only be challenged using a petition for a writ of certiorari are those related to
the following: 1) prison discipline; 2) revocation of probation; 3) denial or revocation
of parole; and 4) the disposition of a complaint regarding prison or jail conditions.

In addition, under the bill, a prisoner may not recover damages for mental or
emotional injury unless the prisoner shows that he or she suffered a physical injury
as a result of the same incident that caused the mental or emotional injury.

Currently, a prisoner is prohibited from commencing a civil lawsuit against
department of corrections (DOC) personnel until the prisoner has exhausted all

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administrative remedies established by DOC by rule. This bill expands that
prohibition to apply to all civil lawsuits by prisoners related to prison or jail
conditions against any person for which there are administrative remedies available.

Except when a prisoner is in danger of serious injury, this bill requires a court
that receives a request from a prisoner for permission to commence a civil lawsuit
without the payment of court costs to deny that request if the prisoner has had a court
proceeding in which he or she was allowed to commence the lawsuit without paying
the court costs dismissed on 2 or more occasions because the proceeding was
frivolous, was used for an improper purpose (such as harassment), sought monetary
damages from a person immune from such damages, or failed to state a claim upon
which relief could be granted. The bill requires a court to hold a prisoner in contempt
if the court dismisses the lawsuit for one of those reasons and if the prisoner has had
a previous lawsuit dismissed for one of those reasons. The contempt sanctions
include prohibiting the prisoner from filing any lawsuit for 2 years or until any
monetary penalty imposed for the contempt is paid, whichever is earlier. The bill also
requires a court to dismiss any pending lawsuit brought by a prisoner in which court
costs are unpaid if the prisoner is released from prison and fails to make
arrangements for the payment of those costs within 30 days after being released.

Currently, if a person, including a prisoner, commences a lawsuit, the
defendant in the action has 20 days after service of the complaint to answer the
complaint. In certain cases the state has 45 days to answer a complaint. Under this
bill, a defendant in a lawsuit commenced by a prisoner is not required to respond to
the complaint. Under the bill, the failure to respond to a lawsuit related to prison
or jail conditions is an affirmative defense against all of the allegations made in the
prisoner's complaint. The bill requires the court, if it determines that the plaintiff
may prevail on the merits, to order the defendant to respond to the complaint.

This bill provides that no costs may be awarded against an employe of the state
or a public agency who is acting in his or her official capacity or against the state or
a public agency in a lawsuit brought by a prisoner related to conditions of
imprisonment. If the state or public agency prevails in a lawsuit brought by a
prisoner related to conditions of imprisonment, the bill provides that the prisoner
must pay the costs. If a prisoner requests permission to bring a lawsuit without the
payment of costs, the bill requires the prisoner to provide a copy of the statement that
summarizes how much money the prisoner's custodian is holding on behalf of the
prisoner and to submit an affidavit showing that he or she is unable to pay the costs
and that he or she has paid all previously assessed costs.

If the prisoner's account is insufficient to pay the full costs, the bill requires the
court to take the full amount in the account as a partial payment of the costs. The
bill requires the agency having custody of the prisoner's account to freeze that
account and use any deposits made into that account to pay the remainder of the
costs. The bill allows the court to waive these requirements if the prisoner is in
danger of serious physical harm.

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If a prisoner is entitled to attorney fees, the bill limits those fees to those directly
related to proving the violation that results in the granting of attorney fees. The bill
provides that 25% of any monetary relief ordered must be applied to satisfy any
attorney fees awarded to the prisoner and limits the defendant's liability for attorney
fees to 125% of the monetary award. Under current case law, costs may not be
assessed against the state unless otherwise expressly provided. Costs may be
assessed against a prisoner.

Currently, if a court enters a judgment for a monetary award to a prisoner, the
payment is made directly to the prisoner.

Under this bill, if a court enters a judgment for a monetary award to a prisoner,
the court must, before permitting payment of any proceeds to the prisoner, order that
the award be paid for the following purposes and in the following order:

1. To satisfy any unpaid court order of restitution.

2. To pay any civil judgment in favor of a crime victim.

3. To reimburse the department of justice for any awards made to crime victims.

4. To pay any unpaid court costs.

5. To reimburse DOC for any loans made to the prisoner to enable him or her
to engage in litigation.

6. To victims of the prisoner's crimes who are notified of the award and petition
the court for payments. The bill does not specify any criteria for the award of
payments to victims.

Under current law, with certain exceptions, a person sentenced to prison is
entitled to mandatory release on parole after he or she has served two-thirds of his
or her prison sentence. In addition, under current law, a person sentenced to jail is
eligible to earn "good time" in the amount of one-fourth of his or her term if he or she
maintains good behavior. A prison inmate's mandatory release date may be extended
and a jail inmate may lose good time if he or she violates any regulation of the prison
or jail or refuses or neglects to perform a required duty.

This bill allows a court to order that a prison inmate's mandatory release date
be extended by a specific number of days or that a jail inmate lose a specific amount
of good time if the court finds that the inmate commenced a lawsuit for a malicious
purpose or solely to harass the other party or that the inmate testified falsely or
provided false evidence or information to the court.

Currently, parties to a lawsuit may obtain evidence (discovery) by various
methods, including depositions, interrogatories (submission of written questions),
production of documents and physical examinations. The frequency and use of these
methods is not limited unless the court orders otherwise. Under this bill, in a lawsuit
commenced by a prisoner, the prisoner may not obtain discovery before the court
receives a copy of the defendant's responsive pleading, unless the court orders a party
to submit to discovery. If the defendant waives his or her answer, or moves to dismiss
the lawsuit, the prisoner may not obtain discovery until the court determines
whether the lawsuit may continue. Under the bill, any discovery by a prisoner is

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limited to what is essential to his or her case and may intrude only minimally in the
activities of the person subject to discovery. The bill limits the number of requests
a prisoner may make for discovery materials to 15, unless good cause is shown for
additional requests.

Currently, as part of an action, a party may seek and receive a temporary court
order (injunction) to prevent another person from committing some act after giving
the other party a chance to comment regarding the proposed injunction. This bill
requires a court, before issuing an injunction in an action regarding prison or jail
conditions, to give the attorney representing the prison or jail the opportunity for a
hearing. Under the bill, any temporary injunction issued regarding prison or jail
conditions expires 90 days after it is issued unless the court orders that the
injunction be extended. The bill specifies that the temporary injunction may require
only what is necessary to correct the harm, must be the least intrusive means
necessary to correct the harm and may not require a governmental official or agent
to exceed his or her authority or violate state law or a local ordinance except under
limited circumstances.

This bill allows an appellate court to dismiss an appeal without requiring a
reply by the respondent if the appeal is frivolous, used for an improper purpose, seeks
monetary damages from a person immune from such damages or if there is no ground
upon which relief may be granted. Currently, the appellate court reviews the case
after the receipt of arguments from both parties.

Under current law, any person has the right to inspect and receive a copy of a
public record. Incarcerated persons do not have that right except in very limited
circumstances. The custodian of the record may impose a fee for a copy of the record
and may require prepayment if the fee imposed is over $5. This bill allows the
custodian of the record to require prepayment of the fee or to deny a request for a
record if the copy of the record is requested by a person confined in a local, state or
federal prison and that person has failed to pay any fee for a previously requested
record.

Under current law, DOC may make loans to a prisoner without sufficient funds
to pay for paper, photocopying and postage for correspondence with courts,
attorneys, parties in litigation, the inmate complaint review system or the parole
board.

This bill provides that if a prisoner fails to repay a loan made by DOC to pay
expenses associated with litigation commenced by the prisoner, the warden of the
institution where the prisoner is located may certify to the circuit court for the county
in which the institution is located the amount of the loans that are unpaid. The
certified amount constitutes a judgment against the prisoner unless the prisoner
submits a written objection to the certification. The prisoner's written objection

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serves to commence a civil lawsuit by the prisoner, and the prisoner bears the burden
of proving that the certified amount is incorrect.

Currently, a person may petition a court for a writ of habeas corpus if he or she
believes that he or she is unlawfully imprisoned or otherwise subject to an unlawful
restriction on his or her liberty. However, under current law a person generally may
not use a habeas corpus proceeding to challenge a commitment or detention under
a final judgment or order of any competent tribunal of civil or criminal jurisdiction.
In addition, a writ of habeas corpus is generally not available if there is another legal
procedure that the person may use to challenge the restriction on his or her liberty.
For example, a person who is in custody under a sentence of imprisonment may not
use a habeas corpus proceeding to seek relief from the sentence unless he or she has
first filed a motion for postconviction relief with the sentencing court, unless such a
motion is inadequate or ineffective to test the legality of the imprisonment.

Current law does not provide a specific time limit for filing a petition for a writ
of habeas corpus, although a court may dismiss a petition if there is an unreasonable
delay in filing the petition. Upon receiving a petition for a writ of habeas corpus, the
court must issue the writ and require the person who has custody of the petitioner
to appear in court with the petitioner so that the court can make a determination of
the legality of the restriction on the petitioner's liberty. If there is no legal cause
shown for the restriction, the court must order the petitioner discharged from the
restriction.

This bill makes the following changes relating to petitions for a writ of habeas
corpus:

1. The bill provides that a person may not file a petition for a writ of habeas
corpus to challenge a revocation of probation or parole or a denial of parole if there
is another adequate legal remedy available to challenge the revocation or denial. The
bill also provides that no person is entitled to a writ of habeas corpus unless he or she
has first sought relief using any adequate remedies that are available through state
administrative agencies.

2. The bill provides a time limit for a person to file a petition for a writ of habeas
corpus if the person is imprisoned in a prison or jail and is seeking relief from a
judgment of conviction for a crime, from a sentence for a crime, from a revocation of
parole or probation or from an action by a government officer, employe or agent that
affects the person's imprisonment or status as a probationer or parolee. The person
must file the petition within one year of whichever of the following happens last: a)
the time expires for appealing or seeking postconviction relief or, if the person did
appeal or seek postconviction relief, the final adjudication of the appeal or
postconviction proceeding; b) the date on which any state law that prevented the
person from filing a petition is declared to be unconstitutional; c) if the petition is
based on a newly recognized rule of constitutional law, the date on which that rule
was recognized by a court; or d) the date on which the facts on which the petition is
based could have been discovered by the petitioner through the exercise of due
diligence.

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3. The bill restricts successive petitions by a person who is imprisoned in a
prison or jail and seeking relief from a judgment of conviction for a crime, from a
sentence for a crime, from a revocation of parole or probation or from an action by a
government officer, employe or agent that affects the person's imprisonment or
status as a probationer or parolee. If the person has previously filed a petition, he
or she may not file another petition based on a claim that was raised in the previous
habeas corpus proceeding. In addition, the person may not file a petition raising a
claim that was not raised in the previous petition unless the later petition is based
on a new, retroactive rule of constitutional law or the facts on which the petition is
based were not previously discoverable and establish that, absent some
constitutional error in the proceeding leading to the imprisonment, no reasonable
factfinder would have found against the petitioner.

4. The bill provides that a court hearing a habeas corpus petition is bound as
to all issues of law and fact decided by the final adjudication of an appeal,
postconviction motion or other proceeding undertaken to challenge the
imprisonment unless there is a material fact that did not appear in the record of the
appeal, postconviction motion or other proceeding, the fact would probably change
the outcome of the appeal, postconviction motion or other proceeding and by
exercising due diligence the petitioner could not have caused that fact to appear in
the record.

5. Finally, the bill prohibits a court from granting a default judgment
discharging the petitioner in a habeas corpus proceeding if the person who has
custody of the petitioner fails to appear in court with the petitioner for the hearing
on the legality of the restriction on the petitioner's liberty. Instead, the bill requires
the court to use existing methods of compelling the person to appear with the
petitioner and, if necessary, to hold a hearing on the legality of the restriction before
ordering the petitioner discharged.

Current law requires the state superintendent of public instruction to adopt or
approve examinations designed to measure pupil attainment of knowledge and
concepts in the 4th and 8th grades. Each school board must administer the 4th and
8th grade examinations each year.

Beginning with examinations administered in the 2002-03 school year, this bill
allows a school board to adopt and administer its own 4th and 8th grade
examinations in addition to the state-approved examinations. Beginning in the
2002-03 school year, the bill prohibits a school board from promoting a 4th grade
pupil to the 5th grade or an 8th grade pupil to the 9th grade unless the pupil passes
(scores at the basic level or above, as determined by the state superintendent) the
state examination or, if the school district also administers its own examination,
passes that examination. A pupil who is excused from taking the examination
required for promotion must satisfy alternative criteria developed by the school
board in order to be promoted.

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Beginning in the 1999-2000 school year, this bill directs the department of
public instruction (DPI) to pay to each licensed teacher who becomes certified by the
National Board for Professional Teaching Standards while employed as a teacher in
this state $3,000 plus an amount equal to one-half the costs of obtaining national
certification. The bill also prohibits DPI from requiring a licensed teacher who has
received national certification in the preceding 5 years to earn continuing
professional education credits or their equivalent in order to renew his or her
teaching license.

This bill authorizes DPI to award grants to cooperative educational service
agencies (CESAs), which provide services to school districts, and to consortia
consisting of 2 or more school districts or CESAs to provide technical assistance and
training for teachers to implement peer review and mentoring programs. DPI may
not award more than $25,000 to an applicant in a fiscal year. As a condition of
receiving the grant, each CESA or consortium must provide matching funds in an
amount equal to at least 20% of the amount of the grant awarded. The matching
funds may be in the form of money or in-kind services or both.

Under current law, beginning in the 1998-99 fiscal year the joint committee on
finance (JCF) determines the amount appropriated as general school aid. This bill
specifies the amount appropriated as general aid in the 1998-99 fiscal year and
directs JCF to determine the amount in each fiscal year thereafter.

The department of administration (DOA) currently administers the college
tuition prepayment program. Under the program, an individual may contract with
DOA to purchase tuition units on behalf of a beneficiary named in the contract. DOA
may not enter into more than one contract on behalf of the same beneficiary. Either
the individual or the beneficiary must be a Wisconsin resident, and the beneficiary
must be the child or grandchild of the individual. To the extent possible, the cost of
each tuition unit, which is determined by DOA, must be an amount that, in the
academic year in which the beneficiary intends to enroll in an accredited institution
of higher education, is equal to 1% of the weighted average tuition of bachelor's
degree-granting institutions within the University of Wisconsin (UW) System.
When the beneficiary enrolls in an accredited institution of higher education in the
United States, each tuition unit purchased on his or her behalf entitles the
beneficiary to apply toward tuition at the institution an amount equal to 1% of the
weighted average tuition of bachelor's degree-granting institutions within the UW
System in that academic year, as estimated at the time of purchase.

This bill makes the following changes to the program:

1. The bill allows the beneficiary to be the nephew or niece of the individual
purchasing the tuition units.