LRB-3838/2
MJL&PG:jld:pg
2003 - 2004 LEGISLATURE
February 26, 2004 - Introduced by Senators Lassa and
Kanavas, cosponsored by
Representatives Suder, Gronemus, Berceau, J. Lehman and Kreibich.
Referred to Committee on Education, Ethics and Elections.
SB495,1,3
1An Act to amend 119.04 (1); and
to create 115.28 (52) and 118.46 of the statutes;
2relating to: prohibiting pupils who take prohibited substances or engage in
3certain practices from participating in interscholastic athletics.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Public Instruction to develop and
distribute to school boards a list of prohibited substances (other than controlled
substances, tobacco, and alcohol) that are harmful to athletes. The bill requires each
school board to prohibit a pupil who uses any of these substances, engages in blood
doping or gene doping, or uses products that enhance the uptake, transport, or
delivery of oxygen, from participating in at least one game or match of each
interscholastic sport in which the pupil participates. "Blood doping" is defined in the
bill as the use of blood, red blood cells, or red blood cell products to raise the capacity
of blood to carry oxygen. "Gene doping" is defined in the bill as the use of genes,
genetic elements, or cells in order to enhance athletic performance.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB495, s. 1
4Section
1. 118.46 of the statutes is created to read:
SB495,1,6
5118.46 Interscholastic athletics; prohibited substances and practices. 6(1) In this section:
SB495,2,3
1(a) "Blood doping" means the use of autologous, homologous, or heterologous
2blood, red blood cells, or red blood cell products of any origin in order to raise the
3capacity of blood to carry oxygen.
SB495,2,54
(b) "Gene doping" means the use of genes, genetic elements, or cells in order to
5enhance athletic performance.
SB495,2,9
6(2) By 6 months after the effective date of this subsection .... [revisor inserts
7date], the department shall develop and distribute to each school board a list of
8substances other than controlled substances, tobacco, and alcohol that are harmful
9to athletes.
SB495,2,14
10(3) Except as provided in sub. (4), beginning on the first day of the 8th month
11beginning after the effective date of this subsection .... [revisor inserts date], the
12school board shall prohibit a pupil who does any of the following from participating
13in at least one game or match of each interscholastic sport in which the pupil
14participates:
SB495,2,1515
(a) Uses a prohibited substance on the list under sub. (2).
SB495,2,1616
(b) Engages in blood doping or gene doping.
SB495,2,1717
(c) Uses products that enhance the uptake, transport, or delivery of oxygen.
SB495,2,20
18(4) This section does not apply if the pupil is using a prohibited substance or
19product, or engaging in blood doping or gene doping, for legitimate medical
20treatment at the direction of a physician.
SB495, s. 2
21Section
2. 119.04 (1) of the statutes is amended to read:
SB495,3,422
119.04
(1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
23115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38
24(2), 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.10, 118.12, 118.125 to
25118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18,
1118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.291,
2118.30 to 118.43,
118.51, 118.52, 118.46 to 118.55, 120.12 (5) and (15) to (26), 120.125,
3120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35) and (37), 120.14 and
4120.25 are applicable to a 1st class city school district and board.
