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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 346
June 30, 2023 - Introduced by Representatives J. ANDERSON, BALDEH, BILLINGS,
CABRERA, JOERS, OHNSTAD, ORTIZ-VELEZ, PALMERI, SINICKI, STUBBS, SUBECK and
RIEMER, cosponsored by Senator LARSON. Referred to Committee on Health,
Aging and Long-Term Care.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 118.07 (6) and 250.04 (15) of the statutes; relating to:
requiring a cold water immersion tub at a youth athletic activity hosted by a
public or private school, providing an exemption from emergency rule
procedures, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill requires a school board, governing body of a private school, or operator
of a charter school that hosts a youth athletic activity between May 1 and September
30 to ensure that a cold water immersion tub that complies with standards
established by the Department of Health Services is available to individuals
participating in the youth athletic activity. Under the bill, a youth athletic activity
is 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 also requires DHS to promulgate rules establishing standards,
guidelines, and protocols for the cold water immersion tubs required to be made
available under the bill.
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ASSEMBLY BILL 346
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 118.07 (6) of the statutes is created to read:
118.07 (6) Beginning in the 2023-24 school year, if a school board, governing
body of a private school, or operator of a charter school hosts a youth athletic activity,
as defined in s. 118.293 (1) (c), during the month of May, June, July, August, or
September, the school board, governing body, or operator shall ensure that a cold
water immersion tub that complies with the standards established under s. 250.04
(15) by the department of health services is accessible to individuals participating
in the youth athletic activity at the location of the youth athletic activity. The school
board, governing body, or operator shall establish protocols and guidelines for using
a cold water immersion tub at a youth athletic activity that are consistent with the
protocols and guidelines established under s. 250.04 (15) by the department of health
services.
SECTION 2. 250.04 (15) of the statutes is created to read:
250.04 (15) The department shall promulgate rules establishing all of the
following:
(a) Standards for a cold water immersion tub that is required under s. 118.07
(6) to be made accessible to individuals participating in a youth athletic activity.
(b) Guidelines and protocols for the use of a cold water immersion tub described
in par. (a).
SECTION 3.0Nonstatutory provisions.
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SECTION 3
ASSEMBLY BILL 346
(1) EMERGENCY RULES. Using the procedure under s. 227.24, the department of
health services shall promulgate rules to establish standards, guidelines, and
protocols for cold water immersion tubs under s. 250.04 (15) for the period before the
effective date of the permanent rules promulgated under s. 250.04 (15) but not to
exceed the period authorized under s. 227.24 (1) (c), subject to extension under s.
227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department of health
services is not required to provide evidence that promulgating a rule under this
subsection as an emergency rule is necessary for the preservation of the public peace,
health, safety, or welfare and is not required to provide a finding of emergency for a
rule promulgated under this subsection.
(END)
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