.42/51.437 BOARD
See after FEES
FAIR EMPLOYMENT
See DISCRIMINATION
FAIR EMPLOYMENT PRACTICES ACT
See DISCRIMINATION
FAMILY COURT COMMISSIONER
See COURTS
FARMLAND PRESERVATION ACT
Exclusive agricultural zoning
The Land Conservation Board has authority to prospectively revoke an exclusive agricultural zoning ordinance certification granted under sections 91.06 and 91.78, Stats. Notice and an opportunity to be heard must be afforded to the local zoning authority and to landowners who might be affected by a decertification decision. If a decision to decertify is made, only those lands which are rezoned are subject to the lien and property tax credit recapture provisions of section 91.77(2). 74-78
FARMLAND PRESERVATION CREDIT
Private interest in public contracts
Land conservation committee responsibilities and prohibition of private interest in public contracts discussed. 76-184
FARMLAND PRESERVATION PROJECT
State-wide mapping
Funds provided in the account under sec. 20.143(3)(ea), Stats., may be used for a proposed state-wide mapping for Farmland Preservation Project if those funds are either utilized to carry out preliminary mapping functions or provided to counties to develop or revise agricultural preservation plans. 70-198
FEDERAL AID
Block grant monies
The Department of Health and Social Services cannot reobligate refunds of federal block grant monies received after the federally mandated time for closing the grant year. 76-19
Comprehensive Employment and Training Act
The Governor can designate counties as agencies of the State to contract with nonprofit private agencies to utilize funds to provide public service jobs under Federal Comprehensive Employment and Training Act. 66-15
1971 Assembly Bill 1577 would violate the Establishment Clause of the First Amendment to the United States Constitution and sec. 18 of art. I of the Wisconsin Constitution. Guidelines to possibly avoid constitutional objection to CESA service contracts with private schools discussed. 62-75
County
County which has received payments from the federal government in lieu of taxes under sec. 1 of P. L. 94-565, 90 Stat. 2662, cannot distribute such payments to the towns in which the national forest lands are located. 68-23
Distribution of
Section 59.20(13), Stats., does not control the distribution of monies received from the federal government under 31 U.S.C. sec. 1601. OAG 45 (unpub.) issued June 9, 1978, is withdrawn. 67-277
Withdrawn (unpub.) 45-1978
Entitlement lands
Previous opinions on the distribution of payments in lieu of taxes discussed. (Unpub.). 16-1982
Indians
Federally recognized Indian tribal councils are eligible under the state program for the distribution of federal surplus property to public agencies under P. L. 94-519. (Unpub.). 61-1979
Justice Assistance Act of 1984 funds
The Fox Valley Technical Institute is not a "unit of local government" for the purpose of receiving federal Justice Assistance Act (JAA) funds. Also, JAA funds which are specified for use by local units of government for local projects cannot be used to support statewide crime prevention activities. 75-265
Medicaid payments may not be supplemented
A county may not, in a manner consistent with federal and state statutes and regulations prohibiting supplementation, contractually obligate itself to pay a visiting nurse association funds in addition to those received by such a home health care provider through the Medicaid program. Except in extraordinary circumstances, the attorney general will not issue opinions concerning the applicability of federal statutes and regulations administered exclusively by federal authorities. 77-287
Surplus property
Federally recognized Indian tribal councils are eligible under the state program for the distribution of federal surplus property to public agencies under P. L. 94-519. (Unpub.). 61-1979
Unemployment Compensation Fund
Borrowing money from the federal government to replenish Wisconsin's Unemployment Compensation Fund, under the arrangements prescribed by federal law, does not contravene either Wis. Const. art. VIII, sec. 3 or 4. 71-95
FEE SPLITTING
See PHYSICIANS AND SURGEONS
FEES
Annual fee for maintenance or support payments
If the court fails to order the annual fee paid under section 814.61(12)(b), Stats., for receiving and disbursing money deposited as payment for maintenance payments, child support or family support, the clerk of court can bill the payor and then collect the fee with the same remedies available as in any other case of a debt created by law. Although the clerk cannot seek a remedial sanction under chapter 785 in these situations, the clerk does have the authority to increase the fee after providing the payor with written notice of this obligation and a reasonable opportunity to pay. 76-265
In the appropriate case, a court may enforce the collection of the receiving and disbursing fee under section 814.61(12)(b), Stats., for maintenance payments, child support or family support payments by entering an income withholding order as one of the remedial sanctions available under section 785.04(1). The power of the clerk of court is limited to moving the court for a remedial sanction under chapter 785 after which the specific remedy is to be imposed by the court under section 785.04(1). 76-100
County clerk
Changes made to section 29.09(7m), Stats., by 1987 Wisconsin Act 27 did not alter the county board's authority to permit the county clerk to keep the issuing fees prescribed by sections 29.09(10) and 29.092(15) as part of his or her compensation. 77-267
Court reporters
A county must permit its own employes who perform court reporting functions indistinguishable from those performed by court reporters employed by the state to retain all statutory fees which can be retained by state-employed court reporters, including those fees which are the statutory obligation of the county. The salaries of such employes could be structured to account for the payment of those fees. A county may prohibit its employes who perform court reporting functions from typing transcripts during normal county working hours if they receive fees in addition to their normal county salary for furnishing such transcripts, but such a prohibition may not interfere with the ability of those employes to comply with the requirements of statutory provisions or supreme court rules for the preparation of transcripts within specified time periods or with the orderly operation of the judicial system. 81-7
Courts
Neither the clerk of court nor the county board has the authority to adopt a non-refundable processing fee for persons desiring to pay a fine or forfeiture imposed by the court through installment payments in the absence of a statute specifically providing for such processing fee. 80-223
The only fee authorized to be paid any clerk of courts under section 102.26(1), Stats., in worker's compensation matters is a $3 fee imposed under section 814.61(5) when applicable. 76-148
If a domestic abuse petition is filed under section 813.12(2), Stats., in conjunction with an action affecting the family commenced under chapter 767, no separate filing fee is applicable because a filing fee already would have been collected by the clerk under section 814.61(1) when one of the family actions enumerated under section 767.02(1) was commenced. In the absence of a pending family action, a domestic abuse action under section 813.12 is commenced with service of the petition upon the respondent if a copy of the petition is filed before service or promptly after service, and the clerk of court is authorized to collect a fee under section 814.61(1) when a domestic abuse action is commenced in this manner. Under section 813.127, however, there is only one fee applicable where a petitioner combines in one action two or more petitions for domestic abuse, child abuse or harassment if the respondent is
Domestic abuse petition
If a domestic abuse petition is filed under section 813.12(2), Stats., in conjunction with an action affecting the family commenced under chapter 767, no separate filing fee is applicable because a filing fee already would have been collected by the clerk under section 814.61(1) when one of the family actions enumerated under section 767.02(1) was commenced. In the absence of a pending family action, a domestic abuse action under section 813.12 is commenced with service of the petition upon the respondent if a copy of the petition is filed before service or promptly after service, and the clerk of court is authorized to collect a fee under section 814.61(1) when a domestic abuse action is commenced in this manner. Under section 813.127, however, there is only one fee applicable where a petitioner combines in one action two or more petitions for domestic abuse, child abuse or harassment if the respondent is
Garnishment actions
In garnishment actions, a clerk of circuit court is not authorized to collect the deposit and disbursement fees set forth in section 814.61(12)(a), Stats., unless the garnishee has paid money into Court and obtained a court order directing the Clerk of Courts to deposit the money in a safe depository. State agencies are not required to pay the fees outlined in section 814.61 (except for the filing fee in section 814.61(1)), nor are they required to pay the fee for filing a garnishment action under section 814.62(1). 73-3
Milwaukee County Sheriff
