2023 - 2024 LEGISLATURE
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2023 SENATE BILL 349
June 29, 2023 - Introduced by Senators SMITH, AGARD, ROYS and LARSON,
cosponsored by Representatives J. ANDERSON, BEHNKE, BALDEH, BILLINGS,
CABRERA, DONOVAN, EMERSON, JOERS, MYERS, OHNSTAD, ORTIZ-VELEZ, PALMERI,
SINICKI, STUBBS and SUBECK. Referred to Committee on Health.
1 AN ACT to renumber and amend 118.2935 (1); to amend 118.2935 (5); and to
2 create 36.11 (59), 118.2935 (1) (a) and 118.2935 (3p) of the statutes; relating
3 to: requiring an automated external defibrillator at youth athletic activities
4 operated or sponsored by a public or private school and at athletic events of
5 University of Wisconsin System institutions.
Analysis by the Legislative Reference Bureau
This bill requires automated external defibrillators (AEDs) to be available at
high school athletic activities and University of Wisconsin System athletic events.
Youth athletic activities at public and private high schools
This bill requires each public and private high school that operates or sponsors
a youth athletic activity to 1) ensure that an AED is available for use at the youth
athletic activity and there is at least one individual present at the youth athletic
activity who has current proficiency in the use of an AED achieved through
instruction provided by a person that is approved by the Department of Health
Services and 2) develop and implement a plan for the use of an AED at youth athletic
activities. Under current law and the bill, a “youth athletic activity” is defined 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. Current law requires a person who
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SENATE BILL 349
operates a youth athletic activity, including a public or private school, to provide
information about the nature and risk of sudden cardiac arrest during youth athletic
activities to coaches and participants before a season of a youth athletic activity that
is offered to individuals who are 12 years of age or older.
Athletic events at UW System institutions
The bill also requires UW System institutions to have AEDs available for use
at athletic events along with individuals proficient in the use of the AED. The bill
defines an “athletic event” as an intercollegiate athletic competition in which a UW
System institution's team members participate or an organized event at which team
members practice or prepare for competition under supervision of a coach. The bill
also requires the Board of Regents of the UW System to develop a plan for the use
of AEDs at athletic events and requires UW System institutions to implement the
plan.
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:
1 SECTION 1. 36.11 (59) of the statutes is created to read:
2 36.11 (59) AUTOMATED EXTERNAL DEFIBRILLATORS AT ATHLETIC EVENTS. (a) In this
3 subsection:
4 1. “Athletic event” means an intercollegiate athletic competition in which an
5 institution's team members participate or an organized event at which an
6 institution's team members practice or prepare for competition under supervision of
7 a coach.
8 2. “Automated external defibrillator” has the meaning given in s. 256.15 (1) (cr).
9 3. “Team members” means student athletes, enrolled in an institution, for
10 whom eligibility requirements for athletic participation are established by a national
11 association or conference that regulates collegiate athletics.
12 (b) The board shall ensure that an automated external defibrillator is available
13 for use at each athletic event of an institution.
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SENATE BILL 349 SECTION 1
1 (c) The board shall develop a plan for the use of an automated external
2 defibrillator at athletic events of an institution and shall require each institution to
3 implement the plan.
4 (d) The board shall require each institution to have present at an athletic event
5 of the institution at least one individual who has current proficiency in the use of an
6 automated external defibrillator achieved through instruction by an instructor
7 approved under s. 46.03 (38).
8 SECTION 2. 118.2935 (1) of the statutes is renumbered 118.2935 (1) (intro.) and
9 amended to read:
10 118.2935 (1) (intro.) In this section, “youth:
11 (b) “Youth athletic activity” has the meaning given in s. 118.293 (1) (c).
12 SECTION 3. 118.2935 (1) (a) of the statutes is created to read:
13 118.2935 (1) (a) “Automated external defibrillator” has the meaning given in
14 s. 256.15 (1) (cr).
15 SECTION 4. 118.2935 (3p) of the statutes is created to read:
16 118.2935 (3p) A public or private school that operates or sponsors a youth
17 athletic activity shall do all of the following:
18 (a) Ensure that an automated external defibrillator is available for use at youth
19 athletic activities operated or sponsored by the public or private school.
20 (b) Develop and implement a plan for the use of an automated external
21 defibrillator at youth athletic activities operated or sponsored by the public or
22 private school.
23 (c) Ensure that there is at least one individual present at each youth athletic
24 activity operated or sponsored by the public or private school who has current
25 proficiency in the use of an automated external defibrillator achieved through
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SENATE BILL 349 SECTION 4
1 instruction provided by an individual, organization, or institution of higher
2 education achieved through instruction approved under s. 46.03 (38) to provide such
3 instruction.
4 SECTION 5. 118.2935 (5) of the statutes is amended to read:
5 118.2935 (5) This section Subsection (3m) does not apply after June 30, 2032.
6 SECTION 6.0Effective date.
7 (1) This act takes effect on the first day of the 7th month beginning after
8 publication.
9 (END)


Statutes affected:
Bill Text: 118.2935(5), 118.2935