2017 - 2018 LEGISLATURE
April 24, 2017 - Introduced by Representatives Sanfelippo, Bernier, Brandtjen,
Horlacher, Macco, Schraa and Weatherston, cosponsored by Senators
Stroebel, Craig, Lasee and Nass. Referred to Committee on Education.
1An Act to create
20.255 (2) (fw) and 120.137 (4) of the statutes; relating to:
2providing matching funds for a deposit to a long-term capital improvement
3trust fund and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Public Instruction to provide matching
funds for deposits that a school board makes to a long-term capital improvement
trust fund. The required match is equal to 50 percent of the total amount deposited
in the previous school year. The bill also requires DPI to make a one-time payment
to school boards for any funds deposited in a long-term capital improvement trust
fund before July 1, 2017. A long-term capital improvement trust fund is a fund
created by a school board for the purpose of financing the costs of the capital
improvements included in the school board's approved long-term capital
Under the bill, if a school board adopts a resolution to increase the school
district's levy limit for operating costs or capital costs, the school board is required
to refund to DPI any matching funds it received for a deposit to a long-term capital
improvement trust fund during the ten school years immediately preceding the
resolution. If a school board fails to refund the amount of the matching funds to DPI
within 12 months, DPI must reduce the school district's state aid to cover the amount
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:
20.255 (2) (fw) of the statutes is created to read:
(fw) Long-term capital improvement trust fund; matching funds.
sum sufficient to make deposits in long-term capital improvement trust funds under 4
s. 120.137 (4).
120.137 (4) of the statutes is created to read:
(a) In the 2017-18 school year, from the appropriation under s. 7
20.255 (2) (fw), the department shall deposit into a school district's long-term capital 8
improvement fund created under sub. (2) an amount equal to 50 percent of the the 9
total amount the school district deposited in the long-term capital improvement 10
trust fund before July 1, 2017. In the 2018-19 school year and in each school year 11
thereafter, from the appropriation under s. 20.255 (2) (fw), the department shall 12
deposit into a school district's long-term capital improvement fund created under 13
sub. (2) an amount equal to 50 percent of the total amount the school district 14
deposited in the long-term capital improvement trust fund in the previous school 15
(b) If a school board adopts a resolution under s. 121.91 (3) to exceed a school 17
district's limit under s. 121.91 (2m) or a school board or the electors of the school 18
district adopt a resolution to issue debt under s. 67.05 (6a) that will result in an 19
increase to the school district's limit under s. 121.91 (2m), the school board shall 20
refund to the department the total amount deposited by the department under par.
(a) during the 10 school years immediately preceding the school year in which the 2
resolution was adopted.
(c) 1. If a school board is required to make a refund under par. (b) and the school 4
board does not refund the amount due under par. (b) within 12 months of the date 5
the resolution requiring the refund was adopted, the department shall decrease the 6
school district's state aid payment under s. 121.08 by the amount due under par. (b). 7
If, after making any reductions to a school district's aid payment under ss. 115.7915 8
(4m) (f) 2., 118.40 (2r) (g) 2. and (2x) (f) 2., 118.51 (16) and (17), and 118.60 (4d) (b) 9
2., a school district's state aid payment under s. 121.08 is insufficient to cover the 10
reduction under this paragraph, the department shall decrease other state aid 11
payments made by the department to the school district by the remaining amount.
2. The state superintendent shall ensure that an aid reduction under subd. 1. 13
lapses to the general fund and does not affect the amount determined to be received 14
by a school district as state aid under s. 121.08 for any other purpose.