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AB1040: Bill Text
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2025 - 2026 LEGISLATURE
LRB-6215/1
FFK:skw&wlj
2025 ASSEMBLY BILL 1040
February 26, 2026 - Introduced by Representatives
Emerson
,
Bare
,
Anderson
,
Roe
,
Miresse
,
Subeck
,
Arney
,
Joers
,
Stubbs
,
DeSmidt
,
Sinicki
,
Palmeri
,
Madison
,
Udell
,
Snodgrass
,
Tenorio
and
Clancy
, cosponsored by Senators
Smith
,
Keyeski
,
Spreitzer
,
Pfaff
,
Hesselbein
,
Ratcliff
,
Larson
and
Roys
. Referred to Committee on Health, Aging and Long-Term Care.
AB1040,1,3
1
An Act
to create
118.07 (1c) and 165.88 (3n) of the statutes;
relating to:
2
maintaining a supply of usable opioid antagonist at a public or private school
3
and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, certain school personnel, including school bus operators, employees, and volunteers of public, private, and tribal schools, are allowed to administer an opioid antagonist on a person who appears to be undergoing an opioid-related drug overdose. Current law also provides immunity to elementary and secondary schools, designated school personnel, physicians, advanced practice nurse prescribers, and physician assistants who provide or administer an opioid antagonist for any injury resulting from the opioid antagonist.
This bill requires school boards, governing boards of independent charter schools, and governing bodies of private schools to ensure that each school maintain a usable supply of an opioid antagonist on site, in a place that is accessible at all times. The bill also requires the Office of School Safety in the Department of Justice to provide grants to school boards, governing boards of independent charter schools, and governing bodies of private schools for the costs of complying with this requirement. The bill provides $100,000 for these grants in the 2026-27 fiscal year.
For further information see the 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:
AB1040,1
1
Section
1
.
118.07 (1c) of the statutes is created to read:
AB1040,2,7
2
118.07
(1c)
Every school board, governing board of a charter school
3
authorized under s. 118.40 (2r) or (2x), and governing body of a private school shall
4
ensure that each school under its control has on site an adequate usable supply of
5
an opioid antagonist, as defined in s. 450.01 (13v). A supply of an opioid antagonist
6
provided under this subsection shall be in a location that is easily accessible at all
7
times.
AB1040,2
8
Section
2
.
165.88 (3n) of the statutes is created to read:
AB1040,2,13
9
165.88
(3n)
Grants for purchasing
an opioid antagonist.
From the
10
appropriation under s. 20.455 (2) (f) and subject to par. (b), the office of school safety
11
in the department of justice shall award grants to school boards, governing boards
12
of charter schools authorized under s. 118.40 (2r) or (2x), and governing bodies of
13
private schools for expenditures related to complying with s. 118.07 (1c).
AB1040,3
14
Section
3
. Fiscal changes.
AB1040,2,17
15
(
1
)
Opioid antagonists; grants.
In the schedule under s. 20.005 (3) for the
16
appropriation to the department of justice under s. 20.455 (2) (f), the dollar amount
17
for fiscal year 2026-27 is increased by $100,000 for grants under s. 165.88 (3n).
AB1040,4
18
Section
4
. Effective date.
AB1040,2,19
19
(
1
)
This act takes effect on September 1, 2026.
AB1040,2,20
20
(end)
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proposaltext/2025/REG/AB1040
proposaltext/2025/REG/AB1040
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true
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