Wisconsin Legislature: Amendment SSA2-SB243

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2011 - 2012 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 2,
TO 2011 SENATE BILL 243

March 7, 2012 - Offered by Senator Galloway.

SB243-SSA2,1,2 1An Act to amend 119.04 (1); and to create 118.293 of the statutes; relating to:
2concussions sustained in youth athletic activities.

The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:

SB243-SSA2, s. 1 3Section 1. 118.293 of the statutes is created to read:

SB243-SSA2,1,7 4118.293 Concussions. (1) In this section, "youth athletic activity" means an
5organized athletic activity sponsored by a public or private school in which pupils are
6engaged in an athletic game or competition against another team, or in practice or
7preparation for an athletic game or competition against another team.

SB243-SSA2,1,8 8(2) The department shall do all of the following:

SB243-SSA2,1,129 (a) Develop guidelines and other information for the purpose of educating
10athletic coaches and pupil athletes and their parents or guardians about the nature
11and risk of concussion in youth athletic activities and make it available to public and
12private schools.

SB243-SSA2,2,3

1(b) Develop a model school policy that addresses concussions sustained in
2youth athletic activities for use by school districts and private schools. The policy
3shall do all of the following:

SB243-SSA2,2,74 1. Address the circumstances in which a participant in a youth athletic activity
5who is suspected of suffering a concussion should be removed from the youth athletic
6activity and the circumstances in which a participant so removed may return to
7participate in a youth athletic activity.

SB243-SSA2,2,118 2. Prohibit a participant who has been removed from a youth athletic activity
9because he or she was suspected of suffering a concussion from returning to
10participate in a youth athletic activity unless he or she receives written clearance to
11do so from a physician and written approval from his or her parent of guardian.

SB243-SSA2,2,16 12(3) Each school board and the governing body of each private school shall adopt
13a concussion policy for the school district or private school. The school board or
14governing body may adopt the model policy developed by the department under sub.
15(2) (b). Any policy adopted under this subsection shall include the prohibition
16specified in sub. (2) (b) 2.

SB243-SSA2,2,20 17(4) A public or private school employee or volunteer is immune from civil
18liability for a concussion sustained by a participant in a youth athletic activity if the
19employee or volunteer complied with the policy adopted by the school board or
20private school governing body under sub. (3).

SB243-SSA2,2,22 21(5) This section does not create any liability for, or a cause of action against,
22any person.

SB243-SSA2, s. 2 23Section 2. 119.04 (1) of the statutes, as affected by 2011 Wisconsin Act 85, is
24amended to read:

SB243-SSA2,3,10

1119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
266.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
3115.345, 115.365 (3), 115.38 (2), 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07,
4118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153,
5118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.223, 118.225, 118.24
6(1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.292,
7118.293, 118.30 to 118.43, 118.46, 118.51, 118.52, 118.55, 120.12 (4m), (5), and (15)
8to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37),
9(37m), and (38), 120.14, 120.21 (3), and 120.25 are applicable to a 1st class city school
10district and board.

SB243-SSA2,3,1111 (End)