Feed for /2011/related/proposals/sb243 PDF
2011 - 2012 LEGISLATURE
October 19, 2011 - Introduced by Senators Darling, Wirch and Hansen,
cosponsored by Representatives Fields, Ripp, Kuglitsch, Bernard Schaber,
Jacque, Spanbauer, Krug, Wynn, Bernier, Pasch, Hulsey, Endsley, Berceau

and Staskunas. Referred to Committee on Public Health, Human Services,
and Revenue.
SB243,1,2 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.
Analysis by the Legislative Reference Bureau
This bill requires each person operating a youth athletic activity seasonally to
distribute a concussion and head injury information sheet to each person who will
be coaching the activity and to each person who wishes to participate in the activity
and prohibits a person from participating in a youth athletic activity until he or she
has returned the sheet signed by the person and, if he or she is under the age of 19,
by his or her parent or guardian. The bill defines "youth athletic activity," with
certain exceptions, as an organized athletic activity in which the participants, a
majority of whom are under 19 years of age, are engaged in an athletic game or
competition against another team, club, or entity, or in practice or preparation for an
organized athletic game or competition against another team, club, or entity.
The bill requires that a person who is suspected of sustaining a concussion or
head injury in a youth athletic activity be removed from the activity immediately.
The bill provides that if an athletic coach, official, or volunteer fails to remove a
person from the activity, he or she is immune from civil liability for any injury
resulting from that omission unless it constitutes gross negligence or willful
misconduct.
A person who has been removed from a youth athletic activity because he or she
is suspected of sustaining a concussion or head injury may not participate in a youth
athletic activity until he or she is evaluated by a health care provider who has been
trained in the evaluation and management of concussion and head injuries and

receives a written clearance to participate in the activity from the health care
provider. The bill provides that if a health care provider who is a volunteer
authorizes a person to participate in a youth athletic activity, he or she is immune
from civil liability for any injury resulting from that act unless the act constitutes
gross negligence or willful or wanton misconduct.
Finally, the bill provides that it does not create any liability for, or a cause of
action against, any person.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB243, s. 1 1Section 1. 118.293 of the statutes is created to read:
SB243,2,8 2118.293 Concussion and head injury. (1) In this section, "youth athletic
3activity" means an organized athletic activity in which the participants, a majority
4of whom are under 19 years of age, are engaged in an athletic game or competition
5against another team, club, or entity, or in practice or preparation for an organized
6athletic game or competition against another team, club, or entity. "Youth athletic
7activity" does not include a college or university activity or an activity that is
8incidental to a nonathletic program.
SB243,2,12 9(2) In conjunction with the Wisconsin Interscholastic Athletic Association, the
10department shall develop guidelines and other information for the purpose of
11educating athletic coaches and pupil athletes and their parents or guardians about
12the nature and risk of concussion and head injury in youth athletic activities.
SB243,3,2 13(3) At the beginning of a season for a youth athletic activity, the person
14operating the youth athletic activity shall distribute a concussion and head injury
15information sheet to each person who will be coaching that youth athletic activity
16and to each person who wishes to participate in that youth athletic activity. No
17person may participate in a youth athletic activity unless the person returns the

1information sheet signed by the person and, if he or she is under the age of 19, by his
2or her parent or guardian.
SB243,3,5 3(4) (a) A person who is suspected of sustaining a concussion or head injury in
4a youth athletic activity shall be removed from the youth athletic activity
5immediately.
SB243,3,106 (b) A person who has been removed from a youth athletic activity under par.
7(a) may not participate in a youth athletic activity until he or she is evaluated by a
8health care provider who has been trained in the evaluation and management of
9concussion and head injuries and receives a written clearance to participate in the
10activity from the health care provider.
SB243,3,14 11(5) (a) Any 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.
SB243,3,1715 (b) Any volunteer who authorizes a person to participate in a youth athletic
16activity under sub. (4) (b) is immune from civil liability for any injury resulting from
17that act unless the act constitutes gross negligence or willful or wanton misconduct.
SB243,3,19 18(6) This section does not create any liability for, or a cause of action against,
19any person.
SB243, s. 2 20Section 2. 119.04 (1) of the statutes, as affected by 2011 Wisconsin Acts 10 and
2132, is amended to read:
SB243,4,622 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
2366.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
24115.345, 115.365 (3), 115.38 (2), 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07,
25118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153,

1118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.223, 118.225, 118.24
2(1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.293, 118.30
3to 118.43, 118.46, 118.51, 118.52, 118.55, 120.12 (4m), (5), and (15) to (27), 120.125,
4120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38),
5120.14, 120.21 (3), and 120.25 are applicable to a 1st class city school district and
6board.
SB243,4,77 (End)
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