Section 50.13. Law enforcement aids to municipalities.

 

(1)  Municipalities may receive law enforcement aids for up to 75 percent of the net costs (determined by deducting all fines and forfeitures imposed upon persons convicted of violations of ordinances enacted pursuant to s. 30.77 , Stats.) which are directly attributable to the operation and maintenance of the water safety patrol unit. State aid is available only for those activities associated with the local enforcement of ss. 30.50 to 30.80 , Stats., and any administrative rules and ordinances enacted pursuant thereto. No municipality shall receive state aid in excess of 20 percent of the funds available.

(1m)  No local unit of government may receive state aids under s. 30.79 , Stats., for costs contrary to the following guidelines:

(a) On-water patrol hours for each water safety patrol are fundable based on a formula of the number of on-water patrol hours per arrest. The maximum number of on-water patrol hours per arrest shall be not more than 50 percent above the state average of on-water patrol hours per arrest for the past 3 years computed from the statewide municipal patrol records. This ratio may not be less than 15 on-water patrol hours per arrest for inland water patrols or less than 22 on-water patrol hours per arrest for patrols that operate on outlying waters or on lakes of over 100,000 acres. Patrols with a ratio of on-water patrol hours per arrest in excess of the maximum ratio may be funded only for those hours that result in a ratio equal to the maximum ratio allowed. 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. Patrols are also subject to all of the following guidelines:

1. For the purpose of establishing the average patrol hour per arrest for each claim, the inland patrols shall be based on the average of all inland water patrols and the outlying water patrols shall be based on the average of all the patrols that operate on outlying waters or on lakes of over 100,000 acres participating in the program of aids to municipal water safety patrol units.

2. For the purpose of establishing on-the-water patrol average, on-the-water patrol hours are one person times one hour of on-the-water on patrol.

(b) The maximum number of fundable crew members on a water safety patrol shall be limited to:

1. Two certified law enforcement officers per boat on inland waters, having authority to make arrests; and

2. Three certified law enforcement officers per boat on outlying waters or on lakes of over 100,000 acres, having authority to make arrests.

(c) No local unit of government is eligible for reimbursement unless it contains within its jurisdiction at least one of the following:

1. A lake of at least 100 acres in size, determined by the current department lake survey.

2. At least one mile of river within the jurisdiction of the local unit of government.

(d) A local unit of government operating within the guidelines of this section may be reimbursed for actual expenses for search and rescue on all waters within its jurisdiction.

(e) No local unit of government may receive aid under any portion of the program of aids to municipal water safety patrol units unless its water safety patrol has performed at least 80 hours of fundable on-the-water patrol time during the calendar year.

(f) A local unit of government may be reimbursed for the actual teaching hours of a law enforcement officer who conducts an authorized department boating safety education course.

(g) Water safety patrol expenses on lakes less than 100 acres and sections of rivers less than one mile in length may only be reimbursed if the patrol qualifies under par. (c) and the expenses are justified in the interest of public health and safety. Such justification shall be documented on each daily log Form 8700-59 and included on the monthly report Form 8700-90.

(2)  For the purpose of administering the aids to local units of government provided in s. 30.79 , Stats., search and rescue is defined as the activity of looking for a person or persons who are, or who are reasonably believed to be alive, in distress and are in a life threatening situation.

(a) Search and rescue aids may be provided to authorized municipal water safety patrol units operating under the following circumstances:

1. Enforcing the provisions of ss. 30.50 to 30.80 , Stats.;

2. Requesting outside assistance when circumstances exist which justify employing such assistance, on a case-by-case basis. The basis for requesting outside assistance must be justifiable from a cost and effectiveness standpoint.

3. Towing where the disabled boat and occupants are in distress and in a life threatening situation.

(3)  Claim forms shall be filed with the bureau of law enforcement, department of natural resources, as specified in s. 30.79 , Stats. Claims are to be made for the calendar year immediately preceding the filing date.

(4)  The following forms shall be used by each water safety patrol unit to qualify it for state aid:

(a) Form 8700-59 — Notice of intent to patrol. In order to be eligible for state aids, a water safety patrol must function as a law enforcement unit and file an intent to patrol form with the department, listing the authority under which the water safety patrol will operate. On or before March 1 of each year the municipality shall file an intent to patrol form with the department, sent to the attention of the coordinator of boating safety, Madison, Wisconsin.

(b) Form 8700-89 — Daily log. This form is to be used in compiling a summary of the water safety 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. The form must be kept on file by the water safety patrol to augment its records and must 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) The appropriate official shall complete the following forms, retain one set for the municipality's records, and file one set with the bureau of law enforcement, department of natural resources as specified in s. 30.79 , Stats., covering the patrol expense for the preceding calendar year. Claims which are received by the department after January 31 will not be processed for payment.

1. `Form 8700-60 — Application for state aid.' Form 8700-60 shall be completed by the appropriate municipal official, who shall list the total net cost of the water safety patrol claimed by the municipality.

2. `Form 8700-61 — Salary schedule.' Form 8700-61 shall be completed by the appropriate municipal official, who shall list the names and salaries of persons engaged in the local enforcement of ss. 30.50 to 30.80 , Stats., and any administrative rules and ordinances enacted pursuant thereto. Salary rate is restricted to no more than the regular straight time rate which the officer normally receives. Allowable fringe 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 municipal 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 local unit of government 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 for each new item of capital equipment for which the cost is 2,500 or greater. All costs of repairs $2,500 or greater to an item of capital equipment shall be reimbursed on a 20 percent per year straight line depreciation schedule.

5. `Form 8700-64 — Record of court cases for violations of ss. 30.50 to 30.80, Stats., and any administrative rules and ordinances enacted pursuant thereto.' This form is to be completed by the appropriate municipal official, who shall list all violations and court actions for the calendar year.

6. `Form 8700-330 – U.S. Coast Guard Annual Report.' Form 8700-330 shall be used to compile a summary of the water safety patrol activities for submittal to the U.S. coast guard.

(5)  Travel expenses and salaries for training purposes are authorized only for attendance at boating safety enforcement training sessions conducted by the department. The person in charge of the patrol, or his/her designee, is required to attend all designated department boating safety enforcement patrol training sessions as a condition of receiving aids under this rule and s. 30.79 , Stats.

(6)  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 boating safety education courses do not count as administrative time for purposes of this subdivision.

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

Cr. Register, October, 1977, No. 262 , eff. 11-1-77; renum. (2) to (4) to be (3) to (5), cr. (2), Register, May, 1979, No. 281 , eff. 6-1-79; emerg. cr. (1m), (2) (a) 3. and (6), am. (2) (intro.) and (4) (a) 4., eff. 3-15-90; cr. (1m), (2) (a) 3. and (6), am. (2) (intro.) and (4) (d) 4., Register, October, 1990, No. 418 , eff. 11-1-90; am. (1m) (a) (intro.), (4) (d) 2. and 4., Register, May, 1995, No. 473 , eff. 6-1-95; am. (4) (d) (intro.), Register, December, 1999, No. 528 , eff. 1-1-00; CR 01-007 : am. (6), Register November 2001 No. 551 , eff. 12-1-01; CR 02-098 : am. (1m) (a) (intro.), 1. and (b) 2. and (4) (d) (intro.) Register May 2003 No. 569 , eff. 6-1-03; CR 14-062 : am. (1m) (a) (intro.), (e), (3), (4) (c), (d) (intro.), 1. to 4., cr. (4) (d) 6., am. (6), cr. (7) Register September 2015 No. 717 , eff. 1-1-16.