13.40 Limitation on state appropriations from general purpose revenue. - Wisconsin Statutes

13.40

13.40 Limitation on state appropriations from general purpose revenue.

13.40(1)

(1) In this section:

13.40(1)(ad)

(ad) "Compensation reserves" means the total estimated amount designated as compensation reserves for a given fiscal year as shown in the schedule under s. 20.005 (1) published in the biennial budget act or the modified total amount of compensation reserves for that fiscal year specified in any other act.

13.40(1)(am)

(am) "Fiscal biennium" means a 2-year period beginning on July 1 of an odd-numbered year.

13.40(1)(b)

(b) "General purpose revenue" has the meaning given for "general purpose revenues" in s. 20.001 (2) (a).

13.40(1)(c)

(c) "State operations" means all purposes except aids to individuals and organizations and local assistance.

13.40(2)

(2) Except as provided in sub. (3), the amount appropriated from general purpose revenue for each fiscal biennium, excluding any amount under an appropriation specified in sub. (3) (a) to (i), as determined under sub. (4), may not exceed the sum of:

13.40(2)(a)

(a) The amount appropriated from general purpose revenue, excluding any amount under an appropriation specified in sub. (3), for the 2nd fiscal year of the prior fiscal biennium as determined under sub. (4), multiplied by the sum of 1.0 and the annual percentage change in this state's aggregate personal income, expressed as a decimal, for the calendar year that begins on the January 1 that immediately precedes the first year of the fiscal biennium, as estimated by the legislative fiscal bureau, in consultation with the department of revenue, no later than November 20 of each even-numbered year.

13.40(2)(b)

(b) The amount determined under par. (a) multiplied by the sum of 1.0 and the annual percentage change in this state's aggregate personal income, expressed as a decimal, for the calendar year that begins on the January 1 that immediately precedes the 2nd year of the fiscal biennium, as estimated by the legislative fiscal bureau, in consultation with the department of revenue, no later than November 20 of each even-numbered year.

13.40(3)

(3) The limitation under sub. (2) does not apply to any of the following:

13.40(3)(a)

(a) An appropriation for principal repayment and interest payments on public debt, as defined in s. 18.01 (4), or operating notes, as defined in s. 18.71 (4).

13.40(3)(b)

(b) An appropriation to honor a moral obligation undertaken pursuant to ss. 16.527 (10), 18.61 (5), 85.25 (5), 101.143 (9m) (i), 229.50 (7), 229.74 (7), 229.830 (7), 234.15 (4), 234.42 (4), 234.54 (4) (b), 234.626 (7), 234.93 (6), 234.932 (6), 234.933 (6), and 281.59 (13m).

13.40(3)(c)

(c) An appropriation to make a payment to the United States that the building commission determines to be payable under s. 13.488 (1) (m).

13.40(3)(d)

(d) An appropriation contained in a bill that is enacted with approval of at least two-thirds of the members of each house of the legislature.

13.40(3)(e)

(e) An appropriation for legal expenses and the costs of judgments, orders, and settlements of actions and appeals incurred by the state.

13.40(3)(f)

(f) An appropriation to make a payment for tax relief under s. 20.835 (2).

13.40(3)(fm)

(fm) An appropriation for the 2005-07 fiscal biennium to make payments to counties, towns, villages, and cities under s. 79.035.

13.40(3)(g)

(g) An appropriation to make a transfer from the general fund to the budget stabilization fund under s. 20.875 (1) (a).

13.40(3)(i)

(i) An appropriation to any of the following:

13.40(3)(i)1.

1. The higher educational aids board.

13.40(3)(i)2.

2. The department of public instruction.

13.40(3)(i)3.

3. The board of regents of the University of Wisconsin System.

13.40(3)(jm)

(jm) An appropriation under s. 20.505 (1) (br).

13.40(3)(k)

(k) An appropriation under s. 20.505 (1) (bq).

13.40(3m)

(3m)

13.40(3m)(ae)

(ae) In this subsection, an "excluded appropriation" consists of all of the following:

13.40(3m)(ae)1.

1. State operations appropriations for the Board of Regents of the University of Wisconsin System.

13.40(3m)(ae)2.

2. Appropriations for fuel and utility costs.

13.40(3m)(ae)3.

3. An appropriation under s. 20.505 (1) (br).

13.40(3m)(ae)4.

4. An appropriation under s. 20.855 (4) (c) and (cm).

13.40(3m)(am)

(am) In addition to the limitation under sub. (2), the amount appropriated from general purpose revenue for state operations in fiscal year 2005-06, less any excluded appropriation and excluding the estimated amount to be expended from general purpose revenue for debt service for that fiscal year, may not exceed the amount appropriated from general purpose revenue for state operations in fiscal year 2004-05, less any excluded appropriation and excluding the estimated amount to be expended from general purpose revenue for debt service for that fiscal year, as shown in the schedule under s. 20.005 (3) published in the 2003-04 Wisconsin Statutes, less $100,000,000.

13.40(3m)(bm)

(bm) For purposes of par. (am), the amount of any sum sufficient appropriation for fiscal year 2004-05 is considered to be the amount shown in the schedule under s. 20.005 (3) as published in the 2003-04 Wisconsin Statutes, and the amount of any sum sufficient appropriation for any other fiscal year is considered to be the amount shown in the schedule under s. 20.005 (3) in the latest act specifying the estimated expenditures for that appropriation for that fiscal year. For purposes of par. (am), the amount of any biennial appropriation for fiscal year 2004-05 is considered to be the amount shown in the schedule under s. 20.005 (3) as published in the 2003-04 Wisconsin Statutes, and the amount of any biennial appropriation for any other fiscal year is considered to be the amount shown in the schedule under s. 20.005 (3) in the latest act specifying the amount appropriated for that appropriation for that fiscal year.

13.40(4)

(4) For purposes of sub. (2), the legislative fiscal bureau shall determine the amount appropriated from general purpose revenue for any fiscal biennium to which sub. (2) applies. The legislative fiscal bureau shall make this determination no later than December 1 of each even-numbered year.

13.40 - ANNOT.

History: 2001 a. 16; 2003 a. 33; 2005 a. 25; 2007 a. 226; 2009 a. 28.