MILWAUKEE, Wis. — A Wisconsin judge has struck down a state law that allowed Milwaukee County to keep money from certain motor vehicle fines and forfeitures that would otherwise help fund school libraries across Wisconsin.
The Wisconsin Institute for Law and Liberty (WILL) challenged the provision, which was included in last year’s state budget and applied only to Milwaukee County.
Before the change, counties were allowed to keep 50% of the net proceeds from certain motor vehicle fines and forfeitures, with the remainder going to Wisconsin’s Common School Fund. The fund provides financial support for school libraries across the state.
The budget provision allowed Milwaukee County to keep 100% of those proceeds. In the lawsuit, WILL argued the exemption violated the state constitution.
On Aug. 13, a judge agreed, declaring the Milwaukee County provision unconstitutional and issuing a permanent injunction preventing the county treasurer from enforcing it.
The Legislative Fiscal Bureau estimated the exemption would have reduced contributions to the Common School Fund by $4.4 million over the current two-year state budget.
“This decision brings an end to an unconstitutional and costly money grab by Milwaukee County,” WILL Associate Counsel Lauren Greuel said in a statement.
WILL represented two Wisconsin taxpayers in the lawsuit.
