Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1034 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1034
5	5	January 30, 2024 - Introduced by Representatives DUCHOW, BEHNKE, DITTRICH,
6	6	MICHALSKI, MOSES, MURPHY, O'CONNOR and SPIROS, cosponsored by Senators
7	7	TOMCZYK, KNODL, STROEBEL and BALLWEG. Referred to Committee on
8	8	Education.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to amend 19.32 (1) and 19.82 (1); and to create 19.32 (1db), 19.36 (14)
11	11	and (15), 19.82 (1m) and 118.1335 of the statutes; relating to: participation in
12	12	interscholastic athletics and application of the public records and open
13	13	meetings laws to interscholastic athletic associations.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill prohibits a school district from being a member of an interscholastic
16	16	athletic association unless the association elects to be governed by the state's public
17	17	records and open meetings laws. An interscholastic athletic association that elects
18	18	to be governed by the public records and open meetings laws is subject to those laws.
19	19	Under the bill, an interscholastic athletic association can be either a nonprofit,
20	20	unincorporated association or a nonstock, nonprofit corporation if the
21	21	unincorporated association or corporation coordinates athletic events or contests for
22	22	students enrolled in grades 9 to 12 in public schools. The bill includes exceptions for
23	23	records of an interscholastic athletic association pertaining to individual referees or
24	24	individual pupils.
25	25	The people of the state of Wisconsin, represented in senate and assembly, do
26	26	enact as follows:
27	27	SECTION 1. 19.32 (1) of the statutes is amended to read:
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34	34	SECTION 1 ASSEMBLY BILL 1034
35	35	19.32 (1) “Authority" means any of the following having custody of a record: a
36	36	state or local office, elective official, agency, board, commission, committee, council,
37	37	department or public body corporate and politic created by the constitution or by any
38	38	law, ordinance, rule or order; a governmental or quasi-governmental corporation
39	39	except for the Bradley center sports and entertainment corporation; a special
40	40	purpose district; any court of law; the assembly or senate; a nonprofit corporation
41	41	which receives more than 50 percent of its funds from a county or a municipality, as
42	42	defined in s. 59.001 (3), and which provides services related to public health or safety
43	43	to the county or municipality; a university police department under s. 175.42; an
44	44	interscholastic athletic association that elects to be governed by this subchapter; or
45	45	a formally constituted subunit of any of the foregoing.
46	46	SECTION 2. 19.32 (1db) of the statutes is created to read:
47	47	19.32 (1db) “Interscholastic athletic association" means a nonprofit
48	48	association, as defined in s. 184.01 (2), or a nonstock, nonprofit corporation organized
49	49	under ch. 181, that coordinates athletic events or contests for students enrolled in
50	50	grades 9 to 12 in public schools.
51	51	SECTION 3. 19.36 (14) and (15) of the statutes are created to read:
52	52	19.36 (14) INTERSCHOLASTIC ATHLETIC ASSOCIATION REFEREE RECORDS. An
53	53	interscholastic athletic association that elects to be governed by this subchapter may
54	54	withhold access to records concerning individual referees.
55	55	(15) INTERSCHOLASTIC ATHLETIC ASSOCIATION PUPIL RECORDS. Records concerning
56	56	an individual pupil maintained by an interscholastic athletic association that elects
57	57	to be governed by this subchapter are not subject to the right of inspection or copying
58	58	under s. 19.35 (1).
59	59	SECTION 4. 19.82 (1) of the statutes is amended to read:
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87	87	SECTION 4
88	88	ASSEMBLY BILL 1034
89	89	19.82 (1) “Governmental body" means a state or local agency, board,
90	90	commission, committee, council, department or public body corporate and politic
91	91	created by constitution, statute, ordinance, rule or order; a governmental or
92	92	quasi-governmental corporation except for the Bradley center sports and
93	93	entertainment corporation; a local exposition district under subch. II of ch. 229; a
94	94	long-term care district under s. 46.2895; an interscholastic athletic association that
95	95	elects to be governed by this subchapter; or a formally constituted subunit of any of
96	96	the foregoing, but excludes any such body or committee or subunit of such body which
97	97	is formed for or meeting for the purpose of collective bargaining under subch. I, IV,
98	98	or V of ch. 111.
99	99	SECTION 5. 19.82 (1m) of the statutes is created to read:
100	100	19.82 (1m) “Interscholastic athletic association" means a nonprofit
101	101	association, as defined in s. 184.01 (2), or a nonstock, nonprofit corporation organized
102	102	under ch. 181, that coordinates athletic events or contests for students enrolled in
103	103	grades 9 to 12 in public schools.
104	104	SECTION 6. 118.1335 of the statutes is created to read:
105	105	118.1335 Participation in interscholastic athletics. No school district
106	106	may be a member of an interscholastic athletic association, as defined in s. 19.32
107	107	(1db), unless the interscholastic athletic association elects to be governed by subchs.
108	108	II and V of ch. 19.
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