2023 - 2024 LEGISLATURE
LRB-4075/1
KMS:cdc
2023 SENATE BILL 442
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.
1 AN ACT to amend 49.155 (1m) (br) and 252.04 (3) of the statutes; relating to:
2 eliminating personal conviction exemption from immunizations.
Analysis 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
 2023 - 2024 Legislature -2- LRB-4075/1
KMS:cdc
SENATE BILL 442
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:
1 SECTION 1. 49.155 (1m) (br) of the statutes is amended to read:
2 49.155 (1m) (br) The child is immunized as required under s. 252.04.
3 Notwithstanding s. 252.04 (3), for purposes of this paragraph the immunization
4 requirement may only be waived for reasons of health or religion.
5 SECTION 2. 252.04 (3) of the statutes is amended to read:
6 252.04 (3) The immunization requirement is waived if the student, if an adult,
7 or the student's parent, guardian, or legal custodian submits a written statement to
8 the school, child care center, or nursery school objecting to the immunization for
9 reasons of health, or religion, or personal conviction. At the time any school, child
10 care center, or nursery school notifies a student, parent, guardian, or legal custodian
11 of the immunization requirements, it shall inform the person in writing of the
12 person's right to a waiver under this subsection.
13 (END)


Statutes affected:
Bill Text: 49.155(1m)(br), 49.155, 252.04(3), 252.04