County forest roads which are open to vehicular traffic are highways which can be designated as all-terrain vehicle routes under section 23.33(8)(b), Stats., and minors under sixteen years of age holding valid all-terrain vehicle safety certificates can operate all-terrain vehicles on highways which have been designated as all-terrain vehicle routes under the limited conditions set forth in section 23.33(4). 77-52
Entitlement lands
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
Previous opinions on the distribution of payments in lieu of taxes discussed. (Unpub.). 16-1982
Federal aid
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 OAG-45 (unpub.), issued June 9, 1978, is withdrawn. 67-277
Withdrawn (unpub.) 45-1978
Forest Crop Law
Although public tax-exempt entities such as municipalities may neither enter nor continue their lands in the forest tax programs of chapter 77, Stats., private entities whose property would otherwise normally be tax-exempt under chapter 70 may participate in such programs. 77-280
Forest land transferred to the University for purpose of forestry and timber studies and related research is exempt from property taxation under sec. 70.11(1), Stats., and is not subject to tax as "agricultural land" under sec. 70.116, Stats. The University lacks authority to enter its lands under subch. I, ch. 77, Stats., the Forest Crop Law, or continue the previous entry of lands it acquires. 66-78
Managed Forest Land Law
Although public tax-exempt entities such as municipalities may neither enter nor continue their lands in the forest tax programs of chapter 77, Stats., private entities whose property would otherwise normally be tax-exempt under chapter 70 may participate in such programs. 77-280
National forest income
Section 59.20(13), Stats., controls the distribution of national forest income by county treasurers derived from 16 U.S.C. sec. 471, et seq., and 31 U.S.C. sec. 1601, et seq. (Unpub.). 45-1978
Withdrawn, see 67-277
Payments, distribution of
Previous opinions on the distribution of payments in lieu of taxes discussed. (Unpub.). 16-1982
Peeled and unpeeled forest products cut crosswise"
Section 348.15(3)(b)2. and (5r), Stats., discussed. 62-100
Prospecting on state park and forest lands
Department of Natural Resources may grant contracts for mining beneath beds of navigable lakes and waters and licenses for prospecting on state park and forest lands, but it may not grant leases for mining purposes on state park and forest lands. (Unpub.). 58-1976
Spectator sport facilities
Department of Natural Resources has no authority to construct spectator sport facilities in state forests, nor has it authority to lease state forest lands for such purpose. 63-519
State parks and forests
Fees collected by the Department of Natural Resources for admissions to state parks and forests are subject to sales taxation under sec. 77.52(2)(a)2., Stats. 66-205
Woodland Tax Law
Although public tax-exempt entities such as municipalities may neither enter nor continue their lands in the forest tax programs of chapter 77, Stats., private entities whose property would otherwise normally be tax-exempt under chapter 70 may participate in such programs. 77-280
FORFEITURES
City council
Pursuant to sec. 895.35, Stats., a city council can, in limited circumstances, reimburse a council member for reasonable attorneys' fees incurred in defending an alleged violation of the Open Meeting Law, but it cannot reimburse such member for any forfeiture imposed. Section 895.46(1), Stats., is not applicable to forfeiture actions. Such member could not be reimbursed, indirectly, under liability insurance policy procured by a municipality, for any forfeiture imposed. 66-226
Civil procedure action
A judgment rendered in circuit court for payment of a forfeiture can and should be docketed, does accumulate postjudgment interest at the rate of twelve percent per annum and may be enforced using those collection remedies which are available in connection with judgments entered in other civil proceedings. 2-1995
The procedure to be used in seeking forfeitures for violations of statutes is set forth in chapters 23, 66, 345, 778, 799, 750-58 and 801-47, Stats. The procedures set forth in chapters 23, 66, 345 and 778 have priority. Where those chapters are not applicable, chapter 799 is accorded the next level of priority. Finally, where chapter 799 is not applicable, the rules of practice and procedure in chapters 750-58 and 801-47 are. 77-270
County Board
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
Before payment of a settlement is made in resolution of an action against the county, the County Board as a whole must approve it; if an action against the county results in assessment for a forfeiture, the Board may not refuse to pay it but the authorization for payment may be direct or, depending upon the amount, through the delegation permitted under sec. 59.07(3), Stats. 70-15
District Attorney
The procedure to be used in seeking forfeitures for violations of statutes is set forth in chapters 23, 66, 345, 778, 799, 750-58 and 801-47, Stats. The procedures set forth in chapters 23, 66, 345 and 778 have priority. Where those chapters are not applicable, chapter 799 is accorded the next level of priority. Finally, where chapter 799 is not applicable, the rules of practice and procedure in chapters 750-58 and 801-47 are. 77-270
The District Attorney has the authority to institute an action for forfeiture for violation of the Open Meetings Law only after receiving a verified complaint pursuant to sec. 19.97(1), Stats. (Unpub.). 34-1981
Ethics Code violation
County Board may provide for a penalty in the nature of a forfeiture for violation of a Code of Ethics ordinance but may not bar violators from running for office. 66-148
Federal forfeiture action
Money resulting from a state forfeiture action under sections 161.555 and 973.075(4), Stats., must be deposited in the state school fund. Money granted to the state after a federal forfeiture proceeding need not be. 76-209
Health and Social Services, Department of
Department of Health and Social Services has no authority to impose forfeitures upon persons violating sec. 146.30, Stats., or to initiate court actions for same using agency personnel. (Unpub.). 15-1975
Processing fees
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
Small claims procedure
The procedure to be used in seeking forfeitures for violations of statutes is set forth in chapters 23, 66, 345, 778, 799, 750-58 and 801-47, Stats. The procedures set forth in chapters 23, 66, 345 and 778 have priority. Where those chapters are not applicable, chapter 799 is accorded the next level of priority. Finally, where chapter 799 is not applicable, the rules of practice and procedure in chapters 750-58 and 801-47 are. 77-270
State forfeiture action
Money resulting from a state forfeiture action under sections 161.555 and 973.075(4), Stats., must be deposited in the state school fund. Money granted to the state after a federal forfeiture proceeding need not be. 76-209
Traffic regulation
Section 349.06(1), Stats., authorizes local authorities to enact and enforce any ordinance which is in strict conformity with traffic regulation provisions of ch. 350, Stats., for which the penalty for violation is a forfeiture. 66-161
FOSTER HOMES
Counties
The responsibility for providing and funding facilities for protective placements under ch. 55, Stats., is primarily on the county. The statute does not require a county nursing home to accept such a placement. 66-249
County agencies
County agencies do not have the authority to directly operate a foster home or what has been described as a "group foster home." (Unpub.). 39-1976
Detention facilities privately operated not approved
Statutes do not provide authority to the Department of Health and Social Services to approve privately operated secure detention facilities for juveniles and County Board and County Board of Public Welfare are without power to purchase secure detention services from a private operator. 73-115
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