Section 121.92. Penalty for exceeding revenue ceiling or limit.

 

(1)  In this section, “excess revenue" means the amount by which a school district's revenue exceeds its ceiling under s. 121.905 or its limit under s. 121.91 .

(2)  The state superintendent shall do all of the following:

(a) Deduct from the state aid payment to a school district under s. 121.08 in the school year in which the school district exceeded the revenue ceiling or limit an amount equal to the excess revenue for the school district or the amount of those aids, whichever is less.

(b) If the amount of the deduction under par. (a) is insufficient to cover the excess revenue, deduct from the other state aid payments to the school district in the school year in which the school district exceeded the revenue ceiling or limit an amount equal to the remaining excess revenue or the amount of those payments, whichever is less.

(c) If the amount of the deductions under pars. (a) and (b) is insufficient to cover the excess revenue, order the school board to reduce the property tax obligations of its taxpayers by an amount that represents the remainder of the excess revenue. The school district's refunds to taxpayers who have already paid their taxes shall be increased by interest at the rate of 0.5 percent per month. If the school board violates the order, any resident of the school district may seek injunctive relief. This paragraph does not apply to property taxes levied for the purpose of paying the principal and interest on a valid bond or note issued or state trust fund loan obtained by the school board.

(d) Ensure that the amount of state aid reduction under pars. (a) and (b) lapses to the general fund.

(e) Ensure that the amount of the excess revenue is not included in determining the school district's ceiling or limit in the succeeding school year.

1993 a. 16 ; 1995 a. 27 s. 9145 (1) ; 1997 a. 27 ; 1999 a. 9 ; 2001 a. 16 ; 2013 a. 20 .