Current through August 26, 2024
(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.
Sub. (7) is created eff. 1-1-16 by CR
14-062.
