Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB817 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 817
5	5	December 19, 2023 - Introduced by Senators S PREITZER, ROYS and AGARD,
6	6	cosponsored by Representatives JOERS, C. ANDERSON, MADISON, CLANCY,
7	7	RATCLIFF, CONLEY, J. ANDERSON, BALDEH, BARE, CONSIDINE, JACOBSON,
8	8	NEUBAUER, PALMERI, SINICKI and STUBBS. Referred to Committee on
9	9	Education.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 121.91 (7); and to create 121.91 (4) (m) of the statutes;
12	12	relating to: a school district revenue limit adjustment for the cost of unfunded
13	13	state mandates on school districts.
14	14	Analysis by the Legislative Reference Bureau
15	15	Current law generally limits the total amount of revenue per pupil that a school
16	16	district may receive from general school aids and property taxes in a school year to
17	17	the amount of revenue allowed per pupil in the previous school year plus a per pupil
18	18	increase, if any, as provided by law. However, current law also includes several
19	19	adjustments to the general revenue limit. For example, if a school district increases
20	20	the services that it provides by adding responsibility for providing a service
21	21	transferred to it from another governmental unit, the school district's revenue limit
22	22	is increased by the cost of that service.
23	23	This bill creates a school district revenue limit adjustment for costs incurred to
24	24	comply with an unfunded mandate. The bill defines an “unfunded mandate” as a
25	25	state law requirement enacted after the date on which the bill becomes law for a
26	26	school board to take an action or provide a service for which funding is not provided.
27	27	To receive a revenue limit adjustment for an unfunded mandate, a school board must
28	28	submit a request to the Department of Public Instruction that identifies the
29	29	unfunded mandate and the costs incurred to comply with the unfunded mandate and
30	30	DPI must approve the request. If a school district receives state funding to comply
31	31	with an unfunded mandate, the amount of the revenue limit adjustment is reduced
32	32	by the amount of state funding received by the district. The revenue limit
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35	35	3 - 2 -2023 - 2024 Legislature LRB-5271/1
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37	37	SENATE BILL 817
38	38	adjustment is not available to a school district for any school year during which the
39	39	school board receives state funding equal to or greater than the school district's costs
40	40	incurred to comply with the unfunded mandate.
41	41	For further information see the local fiscal estimate, which will be printed as
42	42	an appendix to this bill.
43	43	The people of the state of Wisconsin, represented in senate and assembly, do
44	44	enact as follows:
45	45	SECTION 1. 121.91 (4) (m) of the statutes is created to read:
46	46	121.91 (4) (m) 1. In this paragraph, “unfunded mandate” means a requirement
47	47	created in a state law enacted after the effective date of this subdivision .... [LRB
48	48	inserts date], that requires a school board to perform an action or provide a service
49	49	and does not provide funding to the school district for costs incurred to comply with
50	50	the requirement.
51	51	2. The limit otherwise applicable to the school district under sub. (2m) in any
52	52	school year is increased by the amount of the costs incurred by the school district, as
53	53	certified by the department, for an unfunded mandate if all of the following apply:
54	54	a. The school board submits a request to the department to approve the costs
55	55	incurred by the school board in that school year due to the unfunded mandate.
56	56	b. The department approves the request under subd. 2. a. and certifies that the
57	57	basis for the costs is an unfunded mandate and that the costs incurred are due to the
58	58	unfunded mandate.
59	59	3. If a school district receives state funding to comply with an unfunded
60	60	mandate in a school year, the amount of the increase under subd. 2. is reduced by the
61	61	amount of state funding received to comply with the unfunded mandate in that
62	62	school year. If the state funding received is equal to or greater than the amount
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83	83	SECTION 1
84	84	SENATE BILL 817
85	85	incurred by the school district to comply with the unfunded mandate, no adjustment
86	86	is made to the limit otherwise applicable to the school district under sub. (2m).
87	87	4. Any additional revenue received by a school district under this paragraph
88	88	shall not be included in the base for determining the school district's limit under sub.
89	89	(2m) for the following school year.
90	90	SECTION 2. 121.91 (7) of the statutes is amended to read:
91	91	121.91 (7) Except as provided in subs. (4) (f) 2. and (n) (m) to (qe) and (8), if an
92	92	excess revenue is approved under sub. (3) for a recurring purpose or allowed under
93	93	sub. (4), the excess revenue shall be included in the base for determining the limit
94	94	for the next school year for purposes of this section. If an excess revenue is approved
95	95	under sub. (3) for a nonrecurring purpose, the excess revenue shall not be included
96	96	in the base for determining the limit for the next school year for purposes of this
97	97	section.
98	98	SECTION 3.0Initial applicability.
99	99	(1) This act first applies to the calculation of a school district's revenue limit
100	100	for the school year beginning after the effective date of this subsection.
101	101	(END)
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