LRB-3076/1
TJD:amn
2019 - 2020 LEGISLATURE
June 6, 2019 - Introduced by Senators Carpenter, L. Taylor, Smith,
Hansen,
Miller, Risser, Ringhand and Larson, cosponsored by Representatives
Hintz, Vorpagel, Kolste, Brostoff, L. Myers, Riemer, Goyke, Anderson,
Stubbs, Zamarripa, B. Meyers, Subeck, Crowley, Steffen, Sinicki,
Considine, Fields, Doyle, Vruwink, Spreitzer, Emerson, Pope, Ohnstad,
Hesselbein, Billings, Skowronski and Neubauer. Referred to Committee on
Health and Human Services.
SB262,1,2
1An Act to amend 49.155 (1m) (br) and 252.04 (3) of the statutes;
relating to:
2eliminating personal conviction exemption from immunizations.
Analysis by the Legislative Reference Bureau
This bill eliminates the ability to waive the immunization requirement for
schools, child care centers, and nursery schools for the reason of personal conviction.
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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB262,1
1Section 1
. 49.155 (1m) (br) of the statutes is amended to read:
SB262,2,42
49.155
(1m) (br) The child is immunized as required under s. 252.04.
3Notwithstanding s. 252.04 (3), for purposes of this paragraph the immunization
4requirement may only be waived for reasons of health or religion.
SB262,2
5Section
2. 252.04 (3) of the statutes is amended to read:
SB262,2,126
252.04
(3) The immunization requirement is waived if the student, if an adult,
7or the student's parent, guardian, or legal custodian submits a written statement to
8the school, child care center, or nursery school objecting to the immunization for
9reasons of health
, or religion
, or personal conviction. At the time any school, child
10care center, or nursery school notifies a student, parent, guardian, or legal custodian
11of the immunization requirements, it shall inform the person in writing of the
12person's right to a waiver under this subsection.
