ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
REPEALING, AMENDING, AND CREATING RULES
The Wisconsin Natural Resources Board proposes an order to repeal NR 64.15; to amend NR 50.03 (8), 50.12 (3) (d) (intro.), 1. to 4., 50.12 (3) (e) 4., 50.13 (1m) (a)., (e), (3), (4) (c), (d) (intro.), 1. to 4., and (6); and to create NR 50.12 (3) (e) 7., 8., 50.125, and 50.13 (4) (d) 6. and (7), relating to law enforcement aids to counties and municipalities.
LE-17-13
Analysis Prepared by the Department of Natural Resources
1. Statute Interpreted: ss. 30.79, 23.33 (9), 350.12 (4), Stats. 2. Statutory Authority: ss. 30.79, and 227.11(2)(a), Stats. 3. Explanation of Agency Authority: 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. Authority provided in s. 227.11(2)(a), Stats., allows the department to promulgate rules for the all- terrain/utility terrain and snowmobile enforcement aid programs. 4. Related Statutes or Rules: N/A
5. Plain Language Analysis:
Section 1 - Clarifies the definition of Enforcement Officer in order for the patrol agency to qualify for state aid.
Section 2, 3, 4, and 5– Provides consistency for the patrol agencies and reduces the number of copies required to be submitted to the department. Creates requirements for the all-terrain/utility terrain law enforcement aid program in NR 50 to provide consistency for the patrol agencies.
Section 6 - Add Municipal Boat Patrol U.S. 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 U.S. coast guard federal grant application process.
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
