Wisconsin Constitution
Article VIII - Finance
Section 2 - Appropriations; limitation.

Universal Citation: WI Const art VIII § 2
[As amended Nov. 1877] No money shall be paid out of the treasury except in pursuance of an appropriation by law. No appropriation shall be made for the payment of any claim against the state except claims of the United States and judgments, unless filed within six years after the claim accrued. [1876 J.R. 7, 1877 J.R. 4, 1877 c. 158, vote Nov. 1877]

The creation of a continuing appropriation by one legislature does not restrict a subsequent legislature from reallocating the unexpended, unencumbered public funds subject to the original appropriation. Flynn v. Department of Administration, 216 Wis. 2d 521, 576 N.W.2d 245 (1998), 96-3266.

Although there is no specific clause in the constitution establishing the public purpose doctrine, the doctrine is firmly accepted as a basic tenet of the constitution, mandating that public appropriations may not be used for other than public purposes. Courts are to give great weight and afford very wide discretion to legislative declarations of public purpose, but are not bound by such legislative expressions. It is the duty of the court to determine whether a public purpose can be conceived that might reasonably justify the basis of the duty. Town of Beloit v. County of Rock, 2003 WI 8, 259 Wis. 2d 37, 657 N.W.2d 344, 00-1231.

Funds may not be used to construct a project that has not been provided for in either the long-range building program or specifically described in the session laws. 61 Atty. Gen. 298.

The constitution does not preclude grants of state money to private parties for the purpose of affording disaster relief under the Disaster Relief Act of 1974. An appropriation by the legislature is required, however, to provide the state funding contemplated by the Act. Federal advances under the Act are limited by Art. VIII, sec. 6. 64 Atty. Gen. 39.

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