MADISON, Wis. — The Board of Commissioners of Public Lands (BCPL) applauds Tuesday’s Waukesha County Circuit Court ruling finding that a legislative amendment to the state budget which diverted millions of dollars from Wisconsin’s Common School Fund was unconstitutional.

In Stueland v. Cullen, the court found the carveout unconstitutional and restored the law in place before the current budget was adopted. Under that law, each county may retain 50% of the certain fines and forfeitures they collect and must direct the remaining 50% to the Common School Fund for public education as prescribed in Article X of the State Constitution.

BCPL raised concerns about the legislature’s budget provision last year and adopted a resolution urging a legislative solution prior to litigation.

“Prudent and strong stewardship has allowed the Common School Fund to deliver record-breaking distributions to Wisconsin’s public-school libraries,” said Tia Nelson, Executive Secretary to BCPL. “It is critical to safeguard these resources so the Fund can continue to support Wisconsin students today and for generations to come.”

Established by Wisconsin’s founders in Article X of the Wisconsin Constitution, the Common School Fund is a permanent trust fund managed by BCPL. The Constitution directs the clear proceeds of certain fines and forfeitures to the fund, which along with unclaimed property is the only means by which the Fund can grow.

Today, the Board and staff oversee management of more than $1.6 billion in assets. These monies are invested in a diverse portfolio, the earnings of which are distributed to K-12 libraries and represent the sole source of State aid for this purpose.

The Agency distributed a record $73.5 million in 2026. This distribution benefits all public school districts in Wisconsin.

Common School Fund distributions support Wisconsin’s public-school libraries and educational technology – including books, periodicals, digital resources, computer hardware, and educational software.