Section 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) ` 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.

1. ` Form 8700-60 — Application for state aid .' Form 8700-60 shall be completed by the appropriate county official, who shall list the total net cost of the all-terrain/utility terrain vehicle patrol claimed by the county.

2. ` Form 8700-61 — Salary schedule .' 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 s. 23.33 , Stats. Salary rate shall be restricted to no more than the regular straight time rate that the officer normally receives. Allowable fringe benefit rates are actual costs up to a maximum of 50 percent of the reimbursable straight time salary rate.

3. ` Form 8700-62 — Travel, materials, and supplies schedule.' 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 .' Form 8700-63 shall be completed by the appropriate county official, who shall list all capital outlay equipment and the resulting depreciation. Purchase of capital equipment shall be preapproved by the department. Depreciation shall be calculated at the rate of 20 percent annually on 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.

5. ` Form 8700-64 — Record of court cases for violations of s. 23.33 , Stats.' Form 8700-64 shall be completed by the appropriate county official, who shall list all violations and court actions for the calendar year.

(e) Each claim shall be audited by the department as soon as possible after the claim has been received. Payment of claims shall be made no later than October 1. Reimbursement of the actual cost and maintenance of all-terrain/utility terrain vehicle enforcement patrols is authorized. Travel expenses and salaries for training purposes are authorized only for attendance of all-terrain/utility terrain vehicle enforcement training sessions conducted by the department. The person in charge of the patrol or designee is required to attend all designated department all-terrain/utility terrain vehicle enforcement patrol training sessions as a condition of receiving aids under this section and s. 23.33 , Stats.

(f) Should funds not be sufficient to satisfy the total request of eligible audited costs, funds shall be distributed on a proportional basis.

(g) In order to help achieve uniformity, accountability, and cost controls, the following standards are established:

1. For the purpose of patrol reimbursement, each patrol is eligible for reimbursement for only those hours up to 3 times the state average of arrests per hour for participating sheriff patrols for the past 3 years computed from the statewide all-terrain/utility terrain vehicle sheriff patrol records. Two documented written warnings will be given the same weight as an arrest. No more than 50 percent of the credits to reach the standard may be for written warnings.

2. For the purpose of reimbursement of leased capital equipment, the amount may not be more than 50 percent above the average depreciation cost of the prior year for all all-terrain/utility terrain vehicle patrols claiming depreciation. If a personal all-terrain/utility terrain vehicle is used for patrol, the reimbursement rate shall be no more than the maximum rate for leased all-terrain/utility terrain vehicles prorated for the days of use.

3. When more than 50 percent of the eligible patrols submit claims, no one patrol may receive more than 20 percent of funds available.

4. A minimum of 40 patrol hours is required in order to be eligible for reimbursement.

5. For the purpose of administering reimbursement, search and rescue enforcement costs are eligible only for officers actively looking for all-terrain/utility terrain vehicle operators who are, or who are reasonably believed to be, alive, in distress, or are in a life threatening situation.

6. For the purpose of reimbursement of capital equipment under s. 23.33 (9) , Stats., for law enforcement aid to counties, the amount is limited to depreciation for all-terrain/utility terrain vehicles and all-terrain/utility terrain vehicle trailers.

7. A county may be reimbursed for the actual teaching hours of a law enforcement officer who conducts an authorized department all-terrain/utility terrain safety education course. Teaching hours are considered exempt hours and may not be included in patrol hour totals. Reimbursement will be limited to 2 all-terrain/utility terrain safety education courses per patrol year.

8. Administrative time that exceeds 30 percent of the total number of hours claimed on form 8700-61 is not eligible for reimbursement. Hours claimed for teaching all-terrain/utility terrain safety education courses do not count as administrative time for purposes of this subdivision.

CR 14-062 : cr. Register September 2015 No. 717 , eff. 5-1-16.