September 20, 2023 - Introduced by Senators Spreitzer and Roys, cosponsored by Representatives Subeck, Ratcliff, J. Anderson, Baldeh, Bare, Drake, Emerson, Madison, Palmeri, Shelton, Snodgrass and Stubbs. Referred to Committee on Health.
SB442,,22An Act to amend 49.155 (1m) (br) and 252.04 (3) of the statutes; relating to: eliminating personal conviction exemption from immunizations. SB442,,33Analysis by the Legislative Reference Bureau Under current law, a student admitted to elementary, middle, junior, or senior high school, a child care center, or a nursery school must, within 30 days of admission, present evidence of having completed the first immunization for each vaccine required for the student’s grade and being on schedule for the remainder of the basic and booster immunization series for mumps, measles, rubella, diphtheria, whooping cough, poliomyelitis, tetanus, and any other diseases the Department of Health Services specifies by rule. This immunization requirement is waived, however, if the student or the student’s parent, guardian, or legal custodian instead submits a written statement to the school, child care center, or nursery school objecting to the immunization for reasons of health, religion, or personal conviction. A school, child care center, or nursery school may exclude a student who does not meet the immunization requirement or does not present a waiver and is required to exclude a student who does not meet the immunization requirement or does not present a waiver if fewer than 99 percent of the students have complied with the immunization requirement or presented a waiver. A court may issue an order directing a student to comply with the immunization requirement or present a waiver by a certain date, and if the student is not in compliance, the court may require an adult student or the parent, guardian, or legal custodian of a minor student to pay a forfeiture. This bill eliminates personal conviction as a reason for a waiver of the immunization requirement.
SB442,,44The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SB442,15Section 1. 49.155 (1m) (br) of the statutes is amended to read: SB442,,6649.155 (1m) (br) The child is immunized as required under s. 252.04. Notwithstanding s. 252.04 (3), for purposes of this paragraph the immunization requirement may only be waived for reasons of health or religion. SB442,27Section 2. 252.04 (3) of the statutes is amended to read: SB442,,88252.04 (3) The immunization requirement is waived if the student, if an adult, or the student’s parent, guardian, or legal custodian submits a written statement to the school, child care center, or nursery school objecting to the immunization for reasons of health, or religion, or personal conviction. At the time any school, child care center, or nursery school notifies a student, parent, guardian, or legal custodian of the immunization requirements, it shall inform the person in writing of the person’s right to a waiver under this subsection.
