Section 7 – Reduces the maximum allowable administrative percentage to 30% of the total hours claimed. Provides consistency across the three patrol unit types and limits the administrative hours claimed by a patrol unit to ensure patrol units are reimbursed for time spent patrolling vs. administrative tasks, thereby reducing the cost per citation.
Section 8 – Creates the ability for patrols to include hours for safety education teaching as a reimbursable cost, consistent with water safety patrol requirements. Allowing safety education teaching hours as exempt hours will allow the patrol units to include all relevant hours on their claim, while keeping the patrol hours as actual hours spent patrolling.
Section 9 - Removes all terrain law enforcement aids program requirements from NR 64 in order to create language in NR 50 to provide consistency for the patrol agencies.
6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations: Not applicable.
7. Comparison with Similar Rules in Adjacent States: Not applicable
8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen: Proposed changes will have an overall positive economic impact on the county sheriff’s departments and local municipalities identified in the list at the end of this document.
A review of the reimbursement payments for the past three years indicates that increasing the minimum patrol hour requirement could affect 5 ATV patrol units, 12 water safety patrol units and 5 snowmobile patrol units that would have to increase their patrol efforts in order to meet the minimum standards. However, the revision will provide for an increased law enforcement presence thereby providing a positive impact for health and safety.
The revisions propose capping the reimbursable administrative time to 30%, which is close to the amount used for federal grants and other aids program within the State of Wisconsin. While reducing the maximum administrative time allowed will impact patrol unit reimbursement claims, the intent of the law enforcement aids program is to provide reimbursement for law enforcement activities.
An analysis of the 174 patrol claims received for the 2013 boating season and the 2013-2014 ATV and Snowmobile seasons indicates that 78% of the patrols would receive an increase in their reimbursement payment, 10% would see a decrease in their reimbursement payment, and 12% of the patrols would need to increase their patrol numbers in order to meet the minimum standards proposed in this rule.
These rules are applicable to country sheriff’s departments and local municipality enforcement units and impose no compliance or reporting requirements for small business.
9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
10. Effect on Small Business (initial regulatory flexibility analysis): None
11. Agency Contact Person: Roy Zellmer, Bureau of Law Enforcement, Boating Law Administrator, roy.zellmer@wisconsin.gov, 608-212-5385 12. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail, fax or email to:
Roy Zellmer
Department of Natural Resources
Bureau of Law Enforcement
101 S Webster St
Madison, WI 53703
Phone: 608-212-5358
Fax: 608-266-3696
Penny Kanable
Department of Natural Resources
Bureau of Law Enforcement
101 S Webster Street
Madison, WI 53703
Phone: 608-228-9352
Fax: 608-266-3696
Section 1 NR 50.03 (8) is amended to read:
50.03 (8) "Enforcement" means the detection and prevention of crimes and civil violations, and the arrest of those persons who violate such laws. To qualify for state aids under ss. 23.33 (9), 30.79, and 350.12, Stats., and ss. NR 50.12, 50.125, and 50.13, officers involved in the "enforcement" of ss. 23.33 or 30.50 to 30.80, Stats., or ch. 350, Stats., must meet the requirements in s. 165.85, Stats., by the end of the patrol period and must have the authority to make arrests for the violations of the laws they are employed to enforce. Section 2 NR 50.12 (3) (d) (intro.) and 1. to 4. and (3) (e) 4. are amended to read:
50.12 (3) (d) (intro.) On or about April 1 of each year, one set of the following forms will be sent by the department to each county which has an intent to patrol form on file. The An appropriate official of the snowmobile patrol shall fills out complete the following forms, retains one set for the county's records, and files 2 one sets with the bureau of law enforcement on or before June 1, covering the patrol expense for the preceding 12–month period of May 1 to April 30. Claims which that are received by the department after June 1 will not be processed for payment.
1. ‘Form 8700-60 — Application for state aid.’ This formForm 8700-60 is to shall be completed by the appropriate county official, who shall list the total net cost of the snowmobile patrol claimed by the county.
2. ‘Form 8700-61 — Salary schedule.’ This form is to Form 8700-61 shall be completed by the appropriate county official, who shall list the names and salaries of persons engaged in the enforcement of ch. 350, Stats. Salary rate is restricted to no more than the regular straight time rate which that the officer normally receives. Eligible Allowable fringe benefit rates are actual costs up to a maximum of 29 50 percent of the reimbursable straight time salary rate. 3. ‘Form 8700-62 — Travel, materials, and supplies schedule.’ This form is to Form 8700-62 shall be completed by the appropriate county official, who shall list all reimbursable expenditures other than salaries and depreciable items.
4. ‘Form 8700-63 — Depreciation schedule — straight line method.’ This form is to Form 8700-63 shall be completed by the appropriate county official, who shall list all capital outlay equipment and the resulting depreciation. Depreciation shall be calculated at the rate of 20 percent annually on all equipment over $1,000.00. Purchase of capital equipment shall be preapproved by the department. Depreciation shall be calculated at the rate of 20 percent annually on all equipment over $1,000.00 for each new item of capital equipment for which the cost is $2,500 or greater. All costs of repairs that are $2,500 or greater to an item of capital equipment shall be reimbursed by the department on a 20 percent per year straight line depreciation schedule.
(e) 4. A minimum of 20 40 patrol hours is required in order to be eligible for reimbursement.
Section 3. NR 50.12 (3) (e) 7. and 8. are created to read:
50.12 (3) (e) 7. A county may be reimbursed for the actual teaching hours of a law enforcement officer who conducts an authorized department snowmobile safety education course. Teaching hours are considered exempt hours and may not be included in patrol hour totals. Reimbursement will be limited to 2 snowmobile safety education courses per patrol year.
8. Administrative time that exceeds 30 percent of the total number of hours claimed on from 8700-61 is not eligible for reimbursement. Hours claimed for teaching snowmobile safety education courses do not count as administrative time for purposes of this subdivision.
Section 4. NR 50.125 is created to read:
50.125 Law enforcement aids to counties (s. 23.33, Stats.). (1) Counties may receive up to 100 percent reimbursement of monies spent on the enforcement of s. 23.33, Stats. Officers involved in the enforcement of s. 23.33, Stats., must have authority pursuant to s. 23.33 (12), Stats. Claims for reimbursement shall be made on claim forms filed with the bureau of law enforcement, department of natural resources on or before June 1 of the year following the 12–month period from May 1 to April 30 for which the claim is made. (2) The following forms shall be used in the all-terrain/utility terrain vehicle enforcement aid program:
(a) ‘NR 64.15(3)(a)Form 8700-59 — Notice of intent to patrol.’ In order to be eligible for the state aids, an all-terrain/utility terrain vehicle patrol shall function as an enforcement unit and file form 8700-59 with the department listing the authority under which the all-terrain/utility terrain vehicle patrol will operate. On or before June 1 of each year, a county shall file an intent to patrol form with the department, sent to the attention of the Department of Natural Resources, Bureau of Law Enforcement, P.O. Box 7921, Madison, Wisconsin 53707. (b) ‘Form 8700-89 — Daily log.’ Form 8700-89 shall be used in compiling a summary of the all-terrain/utility terrain vehicle patrol's daily activities and expenses. It is not to be filed with the department, but is to be used for assembling information necessary to complete form 8700-90. This form shall be kept on file by the all-terrain/utility terrain vehicle patrol to augment its records and shall be available in chronological order for periodic checks by representatives of the department during normal business hours and at the time of the annual audit.
(c) ‘Form 8700-90 — Monthly report.’ Form 8700-90 shall be completed and filed with the department no later than the tenth day following the month covered. The information shown on this form will be a computation of the information taken from the daily logs in form 8700-89.
(d) An appropriate official of the all-terrain/utility terrain vehicle patrol shall complete the following forms, retain one set for the county's records, and file one set with the bureau of law enforcement, department of natural resources on or before June 1, covering the patrol expense for the preceding 12–month period of May 1 to April 30. Claims that are received by the department after June 1 will not be processed for payment.
