PG:kjf&cjs:rs
2011 - 2012 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2011 SENATE BILL 243
October 26, 2011 - Offered by Senator Darling.
SB243-SSA1,1,2 1An Act to amend 119.04 (1); and to create 118.293 of the statutes; relating to:
2concussions and other head injuries sustained in youth athletic activities.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB243-SSA1, s. 1 3Section 1. 118.293 of the statutes is created to read:
SB243-SSA1,1,10 4118.293 Concussion and head injury. (1) In this section, "youth athletic
5activity" means an organized athletic activity in which the participants, a majority
6of whom are under 19 years of age, are engaged in an athletic game or competition
7against another team, club, or entity, or in practice or preparation for an organized
8athletic game or competition against another team, club, or entity. "Youth athletic
9activity" does not include a college or university activity or an activity that is
10incidental to a nonathletic program.
SB243-SSA1,2,2 11(2) (a) In consultation with the Wisconsin Interscholastic Athletic Association,
12the department shall develop guidelines and other information for the purpose of

1educating athletic coaches and pupil athletes and their parents or guardians about
2the nature and risk of concussion and head injury in youth athletic activities.
SB243-SSA1,2,53 (b) The department shall develop a model emergency plan that addresses
4concussions and other head injuries for use by school districts and other operators
5of youth athletic activities.
SB243-SSA1,2,12 6(3) At the beginning of a season for a youth athletic activity, the person
7operating the youth athletic activity shall distribute a concussion and head injury
8information sheet to each person who will be coaching that youth athletic activity
9and to each person who wishes to participate in that youth athletic activity. No
10person may participate in a youth athletic activity unless the person returns the
11information sheet signed by the person and, if he or she is under the age of 19, by his
12or her parent or guardian.
SB243-SSA1,2,17 13(4) (a) The athletic coach of a person involved in a youth athletic activity, or an
14official involved in a youth athletic activity, shall remove the person from the youth
15athletic activity if the coach or official suspects that the person exhibits signs,
16symptoms, or behavior that are consistent with a concussion or head injury and that
17cannot readily be explained by a condition other than concussion or head injury.
SB243-SSA1,2,1918 (b) 1. A person who has been removed from a youth athletic activity under par.
19(a) may not participate in a youth athletic activity until all of the following occur:
SB243-SSA1,2,2220 a. The person is evaluated by a licensed health care provider, practicing within
21the scope of his or her license, who has been trained in the evaluation and
22management of concussion and head injuries.
SB243-SSA1,3,223 b. The person receives a written clearance from the health care provider under
24subd. 1. a. to participate in the activity. The written clearance shall provide for a

1gradual return to the activity, increasing to full participation in the activity unless
2symptoms of concussion or head injury recur.
SB243-SSA1,3,43 c. The person receives written approval from his or her parent or guardian to
4participate in the activity.
SB243-SSA1,3,75 2. Notwithstanding subd. 1., a person removed from a youth athletic activity
6under par. (a) may not participate further in a youth athletic activity on the day on
7which he or she is removed.
SB243-SSA1,3,108 (c) Nothing in par. (a) prevents the parent or guardian of a person participating
9in a youth athletic activity or a licensed health care provider described under par. (b)
101. a. from removing the person from the youth athletic activity.
SB243-SSA1,3,14 11(5) (a) An athletic coach, official involved in an athletic activity, or volunteer
12who fails to remove a person from a youth athletic activity under sub. (4) (a) is
13immune from civil liability for any injury resulting from that omission unless it
14constitutes gross negligence or willful or wanton misconduct.
SB243-SSA1,3,1815 (b) A volunteer who authorizes a person to participate in a youth athletic
16activity under sub. (4) (b) 1. b. is immune from civil liability for any injury resulting
17from that act unless the act constitutes gross negligence or willful or wanton
18misconduct.
SB243-SSA1,3,20 19(6) This section does not create any liability for, or a cause of action against,
20any person.
SB243-SSA1, s. 2 21Section 2. 119.04 (1) of the statutes, as affected by 2011 Wisconsin Acts 10 and
2232, is amended to read:
SB243-SSA1,4,723 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
2466.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
25115.345, 115.365 (3), 115.38 (2), 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07,

1118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153,
2118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.223, 118.225, 118.24
3(1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.293, 118.30
4to 118.43, 118.46, 118.51, 118.52, 118.55, 120.12 (4m), (5), and (15) to (27), 120.125,
5120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38),
6120.14, 120.21 (3), and 120.25 are applicable to a 1st class city school district and
7board.
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