Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB346 Compare Versions

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

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1	1	LRB-3189/1
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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 346
5	5	June 30, 2023 - Introduced by Representatives J. ANDERSON, BALDEH, BILLINGS,
6	6	CABRERA, JOERS, OHNSTAD, ORTIZ-VELEZ, PALMERI, SINICKI, STUBBS, SUBECK and
7	7	RIEMER, cosponsored by Senator LARSON. Referred to Committee on Health,
8	8	Aging and Long-Term Care.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to create 118.07 (6) and 250.04 (15) of the statutes; relating to:
11	11	requiring a cold water immersion tub at a youth athletic activity hosted by a
12	12	public or private school, providing an exemption from emergency rule
13	13	procedures, and granting rule-making authority.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill requires a school board, governing body of a private school, or operator
16	16	of a charter school that hosts a youth athletic activity between May 1 and September
17	17	30 to ensure that a cold water immersion tub that complies with standards
18	18	established by the Department of Health Services is available to individuals
19	19	participating in the youth athletic activity. Under the bill, a youth athletic activity
20	20	is an organized athletic activity in which the participants, a majority of whom are
21	21	under 19 years of age, are engaged in an athletic game or competition against
22	22	another team, club, or entity, or in practice or preparation for an organized athletic
23	23	game or competition against another team, club, or entity.
24	24	The bill also requires DHS to promulgate rules establishing standards,
25	25	guidelines, and protocols for the cold water immersion tubs required to be made
26	26	available under the bill.
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30	30	4 - 2 -2023 - 2024 Legislature LRB-3189/1
31	31	FFK:cjs
32	32	ASSEMBLY BILL 346
33	33	For further information see the state and local fiscal estimate, which will be
34	34	printed as an appendix to this bill.
35	35	The people of the state of Wisconsin, represented in senate and assembly, do
36	36	enact as follows:
37	37	SECTION 1. 118.07 (6) of the statutes is created to read:
38	38	118.07 (6) Beginning in the 2023-24 school year, if a school board, governing
39	39	body of a private school, or operator of a charter school hosts a youth athletic activity,
40	40	as defined in s. 118.293 (1) (c), during the month of May, June, July, August, or
41	41	September, the school board, governing body, or operator shall ensure that a cold
42	42	water immersion tub that complies with the standards established under s. 250.04
43	43	(15) by the department of health services is accessible to individuals participating
44	44	in the youth athletic activity at the location of the youth athletic activity. The school
45	45	board, governing body, or operator shall establish protocols and guidelines for using
46	46	a cold water immersion tub at a youth athletic activity that are consistent with the
47	47	protocols and guidelines established under s. 250.04 (15) by the department of health
48	48	services.
49	49	SECTION 2. 250.04 (15) of the statutes is created to read:
50	50	250.04 (15) The department shall promulgate rules establishing all of the
51	51	following:
52	52	(a) Standards for a cold water immersion tub that is required under s. 118.07
53	53	(6) to be made accessible to individuals participating in a youth athletic activity.
54	54	(b) Guidelines and protocols for the use of a cold water immersion tub described
55	55	in par. (a).
56	56	SECTION 3.0Nonstatutory provisions.
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77	77	LRB-3189/1
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79	79	SECTION 3
80	80	ASSEMBLY BILL 346
81	81	(1) EMERGENCY RULES. Using the procedure under s. 227.24, the department of
82	82	health services shall promulgate rules to establish standards, guidelines, and
83	83	protocols for cold water immersion tubs under s. 250.04 (15) for the period before the
84	84	effective date of the permanent rules promulgated under s. 250.04 (15) but not to
85	85	exceed the period authorized under s. 227.24 (1) (c), subject to extension under s.
86	86	227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department of health
87	87	services is not required to provide evidence that promulgating a rule under this
88	88	subsection as an emergency rule is necessary for the preservation of the public peace,
89	89	health, safety, or welfare and is not required to provide a finding of emergency for a
90	90	rule promulgated under this subsection.
91	91	(END)
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