Fiscal Note
Under 2007 Wisconsin Act 20 and 2009 Wisconsin Acts 2 and 28, the Legislature directed the state Department of Administration to lapse a total of $641.8 million from unencumbered balances of certain state appropriations to the state's general fund during the 2009-11 fiscal biennium. These lapses were part of the overall plan adopted in the 2009-11 state budget to address a deficit in excess of $6 billion. Approximately $300 million of the total was lapsed in state fiscal year 2009-10, with approximately $341.8 million, scheduled to be lapsed in state fiscal year 2010-11. Under 2011 Wisconsin Acts 13 and 27, the required lapse amount was reduced by $133 million, for a total two-year amount of $508.8 million (with a total of $208.8 million in state fiscal year 2010-11).
One of the appropriations affected by this directive funds the program administered by the Department of Natural Resources that awards grants to local communities to help defray the cost of recycling programs. These programs are made necessary by state-mandated bans on landfilling of certain recyclable materials. In state fiscal year 2009-10, the amount available for recycling grants was reduced by $1,803,900 (from $31,098,100 to $28,294,200) due to the lapse directive. In state fiscal year 2010-11, the amount available for recycling grants was reduced by $13,098,100 (from $32,098,100 to $19,000,000). The lapse from this appropriation in state fiscal year 2010-11, resulted in a reduction in recycling grants to the City of $405,102, in 2011, compared with estimates included in the 2011 Adopted Budget.
The City could incur additional costs associated with any litigation that may commence as a result of this resolution.
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Resolution authorizing the City Attorney to commence legal action against the State and its officers regarding the lapse or transfer of about $400,000 in recycling grant funds.
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The State of Wisconsin's Departments of Administration and Natural Resour...
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