DOJ finds that the rules here proposed are necessary to effectuate the statutory objective described in detail above.
DOJ further finds that the rules here proposed:
• do not exceed the bounds of correct interpretation of the pertinent statutes;
• are authorized by those statutes and are not based on authority derived from any other statutory or non-statutory statements or declarations of legislative intent, purpose, findings, or policy;
• are authorized as necessary interpretations of specific statutory requirements and are not based on authority derived from any other general powers or duties of DOJ; and
• do not impose any standards or requirements that are more restrictive than the standards and requirements contained in the pertinent statutes.
5. Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
It is estimated that state employees will spend approximately 800 hours on the rulemaking process for the proposed rules, including research, drafting, and compliance with required rulemaking procedures.
6. Description of all Entities that may be Impacted by the Rule
The interests of those persons who are statutorily required to submit DNA samples to law enforcement will be directly affected by the provisions in the proposed rules governing:
• Procedures and time limits for obtaining and submitting DNA samples.
• Procedures and standards for identifying and notifying individuals who are required to provide a DNA sample but have not yet done so.
• Procedures and standards for determining whether a person who has previously provided a DNA sample may be required to provide another sample.
• Procedures and standards governing access to and use of DNA data bank records and the inclusion of such records in one or more national index systems.
• Procedures and standards governing the destruction of biological samples.
• Procedures and standards governing requests from an individual for DNA analysis of the individual's own specimen.
• Procedures and standards governing requests from an individual for expungement of the individual's DNA samples and data.
The interests of sexual assault victims may be affected by the provisions in the proposed rules governing the handling of DNA samples and data in sexual assault cases.
7. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
The activities regulated by the proposed rules are also affected by the federal statutes and regulations that govern the Combined DNA Index System (“CODIS"), which is the program of support for state and local criminal justice DNA databases operated by the Federal Bureau of Investigation, pursuant to 42 U.S.C. § 14132 and
28 C.F.R. Part 28.
CODIS includes the National DNA Index System (“NDIS"), a national database that contains DNA analysis data contributed by forensic laboratories at the federal, state, and local levels. Under s.
165.76 (4) (c), Stats., DOJ is expressly authorized to submit biological specimens or DNA analysis data for inclusion in NDIS.
Forensic laboratories participating in NDIS are required to be accredited by a nationally recognized forensic science association, to undergo an external audit every two years to demonstrate compliance with quality assurance standards established by the FBI, and to disclose DNA samples or analyses only in accordance with federal privacy requirements. See 42 U.S.C. § 14132(b)(2) and (3). Access to NDIS is subject to cancellation if the quality control and privacy requirements are not met. 42 U.S.C. § 14132(c).
The proposed rules will include procedures and standards for submitting biological specimens and data to NDIS and for ensuring consistency with all applicable federal requirements.
8. Anticipated Economic Impact of Proposed Rules
It is not anticipated that the proposed rules will have any economic impact on non-governmental persons and entities. The proposed rules will impose certain responsibilities on local units of government. However, kits for collecting biological samples will be supplied to local units of government by the state and local units of government will also receive a reimbursement from the state for each biological sample submission. Accordingly, it is anticipated that the proposed rules will not have any net economic impact on local units of government.
9. Contact Person
Assistant Attorney General Thomas C. Bellavia, (608) 266-8690
Natural Resources
Fish, Game, etc., Chs.
1—
(DNR # LE-17-13)
The scope statement was approved by the governor on July 29, 2014.
Rule No.
Relating to
Revisions to law enforcement aids to counties and municipalities under Chapter
NR 50 and section
NR 64.15.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
These will be permanent rules.
2. Detailed Description of the Objective of the Proposed Rule
Make revisions to ss.
NR 50.12 and
50.13, Wis. Adm. Code, and move language from s.
NR 64.15 to ch.
NR 50, Wis. Adm. Code, pertaining to law enforcement aids to counties and municipalities for boat, all-terrain/utility terrain vehicle, and snowmobile patrol units. The proposed revisions will provide consistency and standardization for the state, counties and municipalities in the administration of the law enforcement aids program.
3. Description of the Existing Policies Relevant to the New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
All-Terrain Vehicle (ATV) Patrol Units — s. NR 64.15, Wis. Adm. Code.
• Move this section from ch.
NR 64 to ch.
NR 50, Wis. Adm. Code, to provide one code location for all law enforcement aids to municipalities. Each of the patrol units use the same forms and process for claims for reimbursement.
• Change current references to “all-terrain vehicle" to “all-terrain and/or utility terrain vehicles" to reflect law changes effective July 2012 under
2011 Wis. Act 208.
• Clarification of Definition: Under s.
NR 64.02 (7) “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 s.
23.33, Stats., and s.
NR 64.15, Wis. Adm. Code, officers involved in the “enforcement" of s.
23.33, Stats., must meet the requirements in s.
165.85, Stats., at 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.
• 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. A local unit of government may be reimbursed for the actual teaching hours of a law enforcement officer who conducts an authorized department ATV safety education course. Teaching hours are considered “exempt" hours and may not be included in patrol hour totals. Reimbursement will be limited to two (2) ATV Safety education courses per patrol year.
• Salary Schedule: Increase the allowable fringe rate to actual costs up to a maximum of 50% of the reimbursable straight time salary rate to allow the patrol units to more accurately reflect current day practices when calculating fringe rate percentage.
• Salary Schedule: To provide consistency across the three patrol unit types, create a maximum percentage limited to 30% of the total hours claimed for administrative hours that patrols may be reimbursed. To provide consistency across the three patrol unit types and to limit 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. Examples of Administrative hours: creating arrest reports, daily logs, court time, equipment purchasing/ specifications, preparing claim packet.
• Patrol Hours: Increase the minimum patrols hours required for patrol units to be eligible for a reimbursement from 20 to 40 hours.
• Require Department approval prior to the purchase of capital equipment to ensure consistency across the state.
• Depreciation Schedule: To provide consistency across the three patrol unit types, changes would be made to the depreciation methods. Capital items ($2,500 or over) authorized by the Department shall be depreciated over a period of five (5) years at 20% annually. Repairs under $2,500 to authorized capital equipment may be reimbursed during the year the repairs were paid for. All repairs to capital equipment $2,500 and over shall be depreciated over a period of five (5) years at 20% annually.
• Remove requirement for DNR to send forms to the patrols. Forms are available electronically on the DNR's webpage.
• Remove requirement for patrol units to submit 2 copies of the completed forms to DNR. Two copies are unnecessary.
Snowmobile Patrol Units — s. NR 50.12, Wis. Adm. Code.
• Clarification of Definition: Under s.
NR 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.
30.79 and
350.12, Stats., and ss.
NR 50.12 and
50.13, Wis. Adm. Code, officers involved in the “enforcement" of ss.
30.50 to
30.80, Stats., or ch.
350, Stats., must meet the requirements in s.
165.85, Stats., at 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.
• 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. A local unit of government may be reimbursed for the actual teaching hours of a law enforcement officer who conducts an authorized department ATV safety education course. Teaching hours are considered “exempt" hours and may not be included in patrol hour totals. Reimbursement will be limited to two (2) ATV Safety education courses per patrol year.
• Salary Schedule: Increase the allowable fringe rate to actual costs up to a maximum of 50% of the reimbursable straight time salary rate to allow the patrol units to more accurately reflect current day practices when calculating fringe rate percentage.
• Salary Schedule: To provide consistency across the three patrol unit types, create a maximum percentage limited to 30% of the total hours claimed for administrative hours that patrols may be reimbursed. To provide consistency across the three patrol unit types and to limit 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. Examples of Administrative hours: creating arrest reports, daily logs, court time, equipment purchasing/ specifications, preparing claim packet.
• Patrol Hours: Increase the minimum patrols hours required for patrol units to be eligible for a reimbursement from 20 to 40 hours.
• Require Department approval prior to the purchase of capital equipment to ensure consistency across the state.
• Depreciation Schedule: To provide consistency across the three patrol unit types, changes would be made to the depreciation methods. Capital items ($2,500 or over) authorized by the Department shall be depreciated over a period of five (5) years at 20% annually. Repairs under $2,500 to authorized capital equipment may be reimbursed during the year the repairs were paid for. All repairs to capital equipment $2,500 and over shall be depreciated over a period of five (5) years at 20% annually.
•
Remove requirement for DNR to send forms to the patrols. Forms are available electronically on the DNR's webpage.
•
Remove requirement for patrol units to submit 2 copies of the completed forms to DNR. Two copies are unnecessary.
Water Safety Patrol Units — s. NR 50.13, Wis. Adm. Code
•
Clarification of Definition: Under s.
NR 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.
30.79 and
350.12, Stats., and ss.
NR 50.12 and
50.13, Wis. Adm. Code, officers involved in the “enforcement" of ss.
30.50 to
30.80, Stats., or ch.
350, Stats., must meet the requirements in s.
165.85, Stats., at 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.
• Salary Schedule: To provide consistency across the three patrol unit types, increase the maximum percentage from 20% to 30% of the total hours claimed for administrative hours that patrols may be reimbursed. To limit 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. Examples of Administrative hours: creating arrest reports, daily logs, court time, equipment purchasing/ specifications, preparing claim packet.
•
Patrol Hours: Increase the minimum patrols hours required for patrol units to be eligible for a reimbursement from 40 to 80 hours.
• Require Department approval prior to the purchase of capital equipment to ensure consistency across the state's patrol unit.
• Warnings: To provide consistency across the three patrol unit types, allow patrol units to claim written warnings in addition to citations similar to the ATV and snowmobile patrol reimbursable items. Two (2) documented written warnings will be given the same weight as an arrest. No more than 50% of the credits to reach the standard may be written warnings.
•
Add Municipal Boat Patrol US Coast Guard Annual Report (Form 8700-330) to the list of forms required as part of the annual reimbursement claim submittal. Information collected on this form is required in the US Coast Guard federal grant application process.
•
Remove requirement for DNR to send forms to the patrols. Forms are available electronically from the DNR webpage.
•
Remove requirement for patrol units to submit 2 copies of the completed forms to DNR. Two copies are unnecessary.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The chapter relating to water safety patrol units in s.
30.79, Stats., establishes that the department shall promulgate rules that restrict the costs eligible for state aid. Snowmobile enforcement aid language statutory authority is contained in s.
350.12 (4), Stats. All terrain/utility terrain vehicle enforcement aid language is contain in s.
23.33 (9), Stats.,
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
One month.
6. List with Description of all Entities that may be Affected by the Proposed Rule
-
See PDF for table 
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
Not applicable
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Proposed changes will have an overall negligible economic impact on the county sheriff's departments and local municipalities identified in the list above.
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 requirements 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.
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. Anticipated Number, Month and Locations of Public Hearings
The Department anticipates hold two public hearings in the month of September 2014. Hearing cities will be Madison and Wausau.
Contact Person
