2007 - 2008 LEGISLATURE
February 7, 2008 - Introduced by Senators Hansen, A. Lasee and Lehman,
cosponsored by Representatives Hraychuck, Bies, Black, Gunderson, Hahn,
Mursau, A. Ott, Sheridan, Sinicki, Turner, Vruwink, Zepnick
and
Ziegelbauer. Referred to Committee on Labor, Elections and Urban Affairs.
SB462,1,6 1An Act to amend 16.84 (2), 23.10 (1) and 36.11 (2) (b); and to create 59.26 (1m),
260.56 (3), 61.65 (1m), 61.66 (1m), 62.13 (4) (am), 62.50 (2m), 73.03 (64), 110.07
3(7), 111.91 (2) (t), 165.70 (5) and 165.85 (4) (g) of the statutes; relating to:
4psychological evaluations for law enforcement officers, providing an exemption
5from emergency rule procedures, and requiring the exercise of rule-making
6authority.
Analysis by the Legislative Reference Bureau
Under current law, the Law Enforcement Standards Board (board) establishes
minimum qualification standards for law enforcement officers. The board may
establish, in addition to education and training standards, qualification standards
relating to the competence and reliability of a person to assume and discharge the
responsibilities of a law enforcement officer.
This bill provides that a candidate for a full-time law enforcement or tribal law
enforcement officer position must submit to a psychological evaluation before being
appointed as a full-time law enforcement or tribal law enforcement officer. This
evaluation requirement applies to law enforcement or tribal law enforcement officers
appointed on or after January 1, 2009. The bill also requires local law enforcement
agencies, and state agencies that employ law enforcement officers, to review the
psychological evaluation of a candidate for a law enforcement officer position before
appointing the individual as a full-time law enforcement officer. This bill specifies

that all of the psychological evaluations provided for under the bill are confidential
and not subject to public inspection or copying under the open records law.
The bill requires the board to promulgate rules for the content of a required
psychological evaluation for full-time law enforcement and tribal law enforcement
officers. The bill also requires the board to submit a report to the legislature by April
1, 2010, that evaluates the effect of the requirement for psychological evaluations for
law enforcement officers, makes a recommendation as to whether psychological
evaluations should be required for part-time or limited term law enforcement and
tribal law enforcement officers, and makes a recommendation as to whether
psychological evaluations should be required for officers appointed to serve on a
special weapons and tactics unit. Finally, the bill makes the requirement for
psychological evaluations for law enforcement officers a prohibited subject of
bargaining under the State Employment Labor Relations Act.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB462, s. 1 1Section 1. 16.84 (2) of the statutes is amended to read:
SB462,3,102 16.84 (2) Appoint such number of police officers as is necessary to safeguard
3all public property placed by law in the department's charge, and provide, by
4agreement with any other state agency, police and security services at buildings and
5facilities owned, controlled, or occupied by the other state agency. The governor or
6the department may, to the extent it is necessary, authorize police officers employed
7by the department to safeguard state officers, state employees, or other persons. The
8department shall not hire any individual to serve as a full-time police officer under
9this subsection unless the department reviews any evaluation by a psychologist that
10is required under s. 165.85 (4) (g). Notwithstanding s. 103.13, the department shall
11keep confidential any record of an evaluation received or maintained under this
12subsection and any such record is not open to public inspection or copying under s.
1319.35.
A police officer who is employed by the department and who is performing
14duties that are within the scope of his or her employment as a police officer has the

1powers of a peace officer under s. 59.28, except that the officer has the arrest powers
2of a law enforcement officer under s. 968.07 regardless of whether the violation is
3punishable by forfeiture or criminal penalty. The officer may exercise the powers of
4a peace officer and the arrest powers of a law enforcement officer while located
5anywhere within this state. Nothing in this subsection limits or impairs the duty of
6the chief and each police officer of the police force of the municipality in which the
7property is located to arrest and take before the proper court or magistrate persons
8found in a state of intoxication or engaged in any disturbance of the peace or violating
9any state law in the municipality in which the property is located, as required by s.
1062.09 (13).
SB462, s. 2 11Section 2. 23.10 (1) of the statutes is amended to read:
SB462,3,2212 23.10 (1) The department of natural resources shall secure the enforcement of
13all laws which it is required to administer and bring, or cause to be brought, actions
14and proceedings in the name of the state for that purpose. The persons appointed
15by said department to exercise and perform the powers and duties heretofore
16conferred and imposed upon deputy fish and game wardens, shall be known as
17conservation wardens and shall be subject to ch. 230. The department may not
18appoint any individual to serve as a full-time conservation warden unless the
19department reviews any evaluation by a psychologist that is required under s. 165.85
20(4) (g). Notwithstanding s. 103.13, the department shall keep confidential any record
21of an evaluation received or maintained under this subsection and any such record
22is not open to public inspection or copying under s. 19.35.
SB462, s. 3 23Section 3. 36.11 (2) (b) of the statutes is amended to read:
SB462,4,1224 36.11 (2) (b) The board may employ police for the institutions and chiefs to head
25such police, or contract for police, all of whom shall be deemed peace officers under

1s. 939.22 (22) under the supervision and control of the appropriate chancellor or the
2chancellor's designees. Such police officers shall meet the minimum standards
3established for other police officers by the law enforcement standards board or a
4comparable agency, and the board may not employ an individual to serve as a
5full-time police officer unless the board reviews any evaluation by a psychologist
6that is required under s. 165.85 (4) (b). Notwithstanding s. 103.13, the board shall
7keep confidential any record of an evaluation received or maintained under this
8paragraph and any such record is not open to public inspection or copying under s.
919.35
. Such police shall preserve the peace on all property described under par. (a),
10enforce all rules promulgated under this chapter and all other laws, and for that
11purpose the chancellor or the chancellor's designee may call for aid from such other
12persons as is deemed necessary.
SB462, s. 4 13Section 4. 59.26 (1m) of the statutes is created to read:
SB462,4,1914 59.26 (1m) A sheriff may not appoint any individual to serve as a full-time
15deputy under this section unless the sheriff reviews any evaluation by a psychologist
16that is required under s. 165.85 (4) (g). Notwithstanding s. 103.13, the sheriff and
17the county shall keep confidential any record of an evaluation received or maintained
18under this subsection and any such record is not open to public inspection or copying
19under s. 19.35.
SB462, s. 5 20Section 5. 60.56 (3) of the statutes is created to read:
SB462,5,321 60.56 (3) Evaluation of prospective officers. If a town has or establishes a
22town police department, or creates a joint police department, the town may not hire
23any individual to serve as a full-time town or joint police officer unless the hiring
24authority reviews any evaluation by a psychologist that is required under s. 165.85
25(4) (g). Notwithstanding s. 103.13, the hiring authority and the town shall keep

1confidential any record of an evaluation received or maintained under this
2subsection and any such record is not open to public inspection or copying under s.
319.35.
SB462, s. 6 4Section 6. 61.65 (1m) of the statutes is created to read:
SB462,5,115 61.65 (1m) If a village has or establishes a village police department, or creates
6a joint police department, the village may not hire any individual to serve as a
7full-time village or joint police officer unless the hiring authority reviews any
8evaluation by a psychologist that is required under s. 165.85 (4) (g). Notwithstanding
9s. 103.13, the hiring authority and the village shall keep confidential any record of
10an evaluation received or maintained under this subsection and any such record is
11not open to public inspection or copying under s. 19.35.
SB462, s. 7 12Section 7. 61.66 (1m) of the statutes is created to read:
SB462,5,1613 61.66 (1m) Section 61.65 (1m), to the extent that it applies to a prospective
14full-time officer of a village police department or a joint police department, applies
15to a full-time prospective employee of the village who may perform police protection
16duties pursuant to sub. (1).
SB462, s. 8 17Section 8. 62.13 (4) (am) of the statutes is created to read:
SB462,5,2318 62.13 (4) (am) The chief of police may not appoint any individual as a full-time
19law enforcement officer under this section unless the chief and the board review any
20evaluation by a psychologist that is required under s. 165.85 (4) (g). Notwithstanding
21s. 103.13, the chief, the board, and the city shall keep confidential any record of an
22evaluation received or maintained under this paragraph and any such record is not
23open to public inspection or copying under s. 19.35.
SB462, s. 9 24Section 9. 62.50 (2m) of the statutes is created to read:
SB462,6,7
162.50 (2m) Evaluation of prospective officers. No individual may be
2appointed as a full-time police officer under this section unless the chief of police and
3the board review any evaluation by a psychologist that is required under s. 165.85
4(4) (g). Notwithstanding s. 103.13, the chief, the board, and the city shall keep
5confidential any record of an evaluation received or maintained under this
6subsection and any such record is not open to public inspection or copying under s.
719.35.
SB462, s. 10 8Section 10. 73.03 (64) of the statutes is created to read:
SB462,6,149 73.03 (64) To review any evaluation of an individual by a psychologist that is
10required under s. 165.85 (4) (g) before appointing the individual to serve as a
11full-time law enforcement officer, as defined in s. 165.85 (1) (c). Notwithstanding s.
12103.13, the department shall keep confidential any record of an evaluation received
13or maintained under this subsection and any such record is not open to public
14inspection or copying under s. 19.35
SB462, s. 11 15Section 11. 110.07 (7) of the statutes is created to read:
SB462,6,2116 110.07 (7) The department may not employ any individual as a full-time officer
17of the state traffic patrol under sub. (1) or as a full-time inspector under sub. (3)
18unless the department reviews any evaluation by a psychologist that is required
19under s. 165.85 (4) (g). The department shall keep confidential any evaluation
20received or maintained under this subsection and any such evaluation is not open to
21public inspection or copying under s. 19.35.
SB462, s. 12 22Section 12. 111.91 (2) (t) of the statutes is created to read:
SB462,6,2523 111.91 (2) (t) The requirements under ss. 16.84 (2), 23.10 (1), 36.11 (2) (b), 73.03
24(64), 110.07 (7), and 165.70 (5) for state agencies to review a psychologist's evaluation
25of an individual before hiring the individual as a full-time law enforcement officer.
SB462, s. 13
1Section 13. 165.70 (5) of the statutes is created to read:
SB462,7,52 165.70 (5) (a) The department of justice may not employ an individual to serve
3as a full-time law enforcement officer, as defined in s. 165.85 (2) (c), unless the
4department reviews any evaluation by a psychologist that is required under s. 165.85
5(4) (g).
SB462,7,86 (b) Notwithstanding s. 103.13, the department shall keep confidential any
7record of an evaluation received or maintained under par. (a) and any such record is
8not open to public inspection or copying under s. 19.35.
SB462, s. 14 9Section 14. 165.85 (4) (g) of the statutes is created to read:
SB462,7,1310 165.85 (4) (g) 1. No person may be appointed as a full-time law enforcement
11or tribal law enforcement officer on or after January 1, 2009, unless the person
12receives an evaluation by a licensed psychologist, as defined in s. 455.01 (4), and the
13psychologist's report of the evaluation is submitted to the appointing authority.
SB462,7,1514 2. The board shall promulgate rules regarding the content of the evaluation
15required under subd. 1.
SB462, s. 15 16Section 15. Nonstatutory provisions.
SB462,7,1917 (1) Report to legislature. The law enforcement standards board shall by April
181, 2010, submit a report to the legislature in the manner described under section
1913.172 (2) of the statutes, on all the following:
SB462,7,2220 (a) The effect of the requirement under this act that agencies review a
21psychologist's evaluation of an individual before hiring the individual as a full-time
22law enforcement officer or tribal law enforcement officer.
SB462,8,223 (b) A recommendation as to whether the law enforcement standards board
24should exercise its rule-making authority to require an evaluation by a licensed

1psychologist of any individual who is appointed as a part-time or limited term law
2enforcement or tribal law enforcement officer.
SB462,8,63 (c) A recommendation as to whether the law enforcement standards board
4should exercise its rule-making authority to require an evaluation by a licensed
5psychologist of any law enforcement or tribal law enforcement officer who is
6appointed to serve on a special weapons and tactics unit.
SB462,8,117 (2) Emergency rule-making authority. (a) The law enforcement standards
8board shall submit in proposed form the rules required under section 165.85 (4) (g)
92. of the statutes, as created by this act, to the legislative council staff under section
10227.15 (1) of the statutes no later than the first day of the 7th month beginning after
11the effective date of this subsection.
SB462,8,2112 (b) Using the procedure under section 227.24 of the statutes, the law
13enforcement standards board may promulgate the rules required under section
14165.85 (4) (g) 2. of the statutes, as created by this act, for the period before the
15effective date of the permanent rules submitted under paragraph (a), but not to
16exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes.
17Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the law
18enforcement standards board is not required to provide evidence that promulgating
19a rule under this paragraph as an emergency rule is necessary for the preservation
20of the public peace, health, safety, or welfare and is not required to provide a finding
21of emergency for a rule promulgated under this paragraph.
SB462, s. 16 22Section 16. Initial applicability.
SB462,9,223 (1) Required evaluations. The treatment of sections 16.84 (2), 23.10 (1), 36.11
24(2) (b), 59.26 (1m), 60.56 (3), 61.65 (1m), 61.66 (1m), 62.13 (4) (am), 62.50 (2m), 73.03

1(64), 110.07 (7), and 165.70 (5) of the statutes first applies to appointments of law
2enforcement or tribal law enforcement officers that are made on January 1, 2009.
SB462,9,63 (2) Collective bargaining agreements. The treatment of section 111.91 (2) (t)
4of the statutes first applies to collective bargaining agreements entered into,
5extended, modified, or renewed, whichever occurs first, on the effective date of this
6subsection.
SB462,9,77 (End)
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