2011 - 2012 LEGISLATURE
October 12, 2011 - Offered by Representatives Fields and Knudson.
AB259-ASA1,1,2 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:
AB259-ASA1, s. 1 3Section 1. 118.293 of the statutes is created to read:
AB259-ASA1,1,10 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.
AB259-ASA1,2,2 11(2) In conjunction with the Wisconsin Interscholastic Athletic Association, the
12department 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.
AB259-ASA1,2,9 3(3) At the beginning of a season for a youth athletic activity, the person
4operating the youth athletic activity shall distribute a concussion and head injury
5information sheet to each person who will be coaching that youth athletic activity
6and to each person who wishes to participate in that youth athletic activity. No
7person may participate in a youth athletic activity unless the person returns the
8information sheet signed by the person and, if he or she is under the age of 19, by his
9or her parent or guardian.
AB259-ASA1,2,12 10(4) (a) A person who is suspected of sustaining a concussion or head injury in
11a youth athletic activity shall be removed from the youth athletic activity
AB259-ASA1,2,1713 (b) A person who has been removed from a youth athletic activity under par.
14(a) may not participate in a youth athletic activity until he or she is evaluated by a
15health care provider who has been trained in the evaluation and management of
16concussion and head injuries and receives a written clearance to participate in the
17activity from the health care provider.
AB259-ASA1,2,21 18(5) (a) Any athletic coach, official involved in an athletic activity, or volunteer
19who fails to remove a person from a youth athletic activity under sub. (4) (a) is
20immune from civil liability for any injury resulting from that omission unless it
21constitutes gross negligence or willful or wanton misconduct.
AB259-ASA1,2,2422 (b) Any volunteer who authorizes a person to participate in a youth athletic
23activity under sub. (4) (b) is immune from civil liability for any injury resulting from
24that act unless the act constitutes gross negligence or willful or wanton misconduct.
1(6) This section does not create any liability for, or a cause of action against,
2any person.
AB259-ASA1, s. 2 3Section 2. 119.04 (1) of the statutes, as affected by 2011 Wisconsin Acts 10 and
432, is amended to read:
AB259-ASA1,3,145 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
666.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
7115.345, 115.365 (3), 115.38 (2), 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07,
8118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153,
9118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.223, 118.225, 118.24
10(1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.293, 118.30
11to 118.43, 118.46, 118.51, 118.52, 118.55, 120.12 (4m), (5), and (15) to (27), 120.125,
12120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38),
13120.14, 120.21 (3), and 120.25 are applicable to a 1st class city school district and