Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 604

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/04/2021 04:20pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21
4.22
4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22
5.23
5.24 5.25 5.26 5.27 5.28 5.29 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25
6.26
6.27 6.28 6.29 6.30 6.31 7.1 7.2
7.3

A bill for an act
relating to public health; requiring face coverings in certain settings; establishing
implementation requirements; providing for penalties and injunctive relief;
providing for expiration of the face covering requirements.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text beginFACE COVERINGS REQUIRED IN CERTAIN SETTINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The terms defined in this subdivision apply to this section
and sections 2 to 4.
new text end

new text begin (b) "Business" includes an entity that employs or engages workers and that is a for-profit
entity; nonprofit entity; public entity; entity in the legislative branch, executive branch, or
judicial branch of state government; or local unit of government entity.
new text end

new text begin (c) "Child care setting" means a family or group family day care home; child care center;
certified center; legal nonlicensed child care provider; program exempt from licensure under
Minnesota Statutes, section 245A.03, subdivision 2, paragraph (a), clause (5), (13), or (26);
or other Head Start, preschool, or prekindergarten program serving individuals age five or
younger.
new text end

new text begin (d) "Face covering" means an article that is worn on an individual's face to completely
cover the wearer's mouth and nose and that fits snugly against the sides of the wearer's face.
new text end

new text begin (e) "Household" means a group of individuals who share the same living unit.
new text end

new text begin (f) "Living unit" includes a single family home; mobile home; shelter or similar facility;
family foster care home; individual unit in a multi-unit dwelling; individual hotel or motel
room; dormitory room; residential program licensed under Minnesota Statutes, chapter
245D; or assigned unit or room in a hospital, long-term care facility, residential treatment
facility, or correctional facility.
new text end

new text begin (g) "Public transportation" means public means of transportation, including light and
commuter rail transit; bus; and taxi, van, limousine, or other for-hire vehicle.
new text end

new text begin (h) "Social distancing" means an individual being separated by at least six feet of distance
from others who are not members of the individual's household.
new text end

new text begin (i) "Worker" includes an owner, proprietor, employee, contractor, vendor, volunteer, or
intern.
new text end

new text begin Subd. 2. new text end

new text begin Face coverings required. new text end

new text begin (a) An individual who is age five or older must wear
a face covering when the individual is:
new text end

new text begin (1) indoors at a business or public setting;
new text end

new text begin (2) waiting outdoors to enter an indoor business or indoor public setting;
new text end

new text begin (3) riding on public transportation, in a school transportation vehicle, in a ride-sharing
vehicle, or in a vehicle being used for a business purpose;
new text end

new text begin (4) outdoors when it is not possible to maintain social distancing from others who are
not members of the individual's household; or
new text end

new text begin (5) in a common area of a multi-unit dwelling.
new text end

new text begin (b) A face covering must be worn in a manner that completely covers the wearer's mouth
and nose. An acceptable face covering includes a paper or disposable mask, cloth face mask,
scarf, bandana, neck gaiter, or religious face covering. The following items are not acceptable
face coverings: a mask that incorporates a valve to facilitate easy exhaling; mesh mask; or
mask with openings, holes, visible gaps in the design or material, or vents.
new text end

new text begin Subd. 3. new text end

new text begin Face coverings not required. new text end

new text begin An individual is not required to wear a face
covering if the individual:
new text end

new text begin (1) has a medical condition, mental health condition, or disability that makes it
unreasonable for the individual to wear a face covering, including an individual with a
medical condition that compromises the ability to breathe or an individual who is
unconscious, incapacitated, or unable to remove a face covering without assistance;
new text end

new text begin (2) is age four or younger;
new text end

new text begin (3) is working in a job setting where wearing a face covering would create a job hazard
for the individual or others at the setting;
new text end

new text begin (4) is in a private living unit, except that a worker must wear a face covering when the
worker is in an individual's private living unit for a business purpose;
new text end

new text begin (5) is in a private vehicle that is being used for a private purpose; or
new text end

new text begin (6) is a child care worker and is actively caring for children under age five at a child
care setting, except that a child care worker must wear a face covering when the child care
worker is in a child care setting other than a family or group family day care home or legal
nonlicensed child care provider and is in:
new text end

new text begin (i) an indoor common area, such as a hallway, lobby, or restroom; or
new text end

new text begin (ii) a break room and is not eating or drinking.
new text end

new text begin Subd. 4. new text end

new text begin Temporary removal of face covering permitted. new text end

new text begin An individual otherwise
required to wear a face covering under subdivision 2 may temporarily remove the individual's
face covering when the individual:
new text end

new text begin (1) is testifying, speaking, performing, or playing a musical instrument, provided the
individual maintains social distancing from others who are not part of the individual's
household;
new text end

new text begin (2) is an athlete participating in a higher education institution sport or professional sport
and where the level of exertion makes it difficult to wear a face covering;
new text end

new text begin (3) is participating in an activity, such as swimming or showering, in which the face
covering will get wet;
new text end

new text begin (4) is eating or drinking, provided the individual maintains social distancing from others
who are not members of the individual's party;
new text end

new text begin (5) is asked to remove a face covering to verify the individual's identity for a lawful
purpose;
new text end

new text begin (6) is communicating with an individual who is deaf or hard-of-hearing or who has a
medical condition, mental health condition, or disability that makes communication difficult
while wearing a face covering, provided the individual maintains social distancing to the
extent possible from others who are not part of the individual's household;
new text end

new text begin (7) is receiving a service that cannot be performed or that would be difficult to perform
if the individual receiving the service wears a face covering. Such services include dental
examinations or procedures, certain medical examinations or procedures, and certain personal
care services;
new text end

new text begin (8) is alone in an enclosed work area, including an office, room, cubicle with walls
higher than face level when social distancing is maintained, vehicle, or cab of heavy
equipment or machinery; or
new text end

new text begin (9) is a public safety worker, is actively engaged in the individual's public safety duties,
and is in a situation in which wearing a face covering would seriously interfere with the
performance of the individual's public safety duties.
new text end

new text begin Subd. 5. new text end

new text begin More protective policies or ordinances permitted. new text end

new text begin (a) Nothing in this section
shall prohibit a business or local unit of government from adopting an ordinance or policy
that imposes more protective requirements regarding face coverings in order to further
protect the public health, provided these requirements are consistent with this section and
other law.
new text end

new text begin (b) Notwithstanding subdivision 3, clause (4), a hospital, shelter, drop-in center, long-term
care facility, residential treatment facility, residential program licensed under Minnesota
Statutes, chapter 245D, or correctional facility may require visitors, patients, residents, or
inmates, as applicable, to wear a face covering even when in a private living unit.
new text end

new text begin (c) Notwithstanding paragraph (a), an owner, landlord, or property manager of a multi-unit
dwelling not listed in paragraph (b) shall not require a tenant or others to wear a face covering
in a tenant's private living unit.
new text end

new text begin Subd. 6. new text end

new text begin Relationship to other law. new text end

new text begin Wearing a face covering in compliance with this
section or with a local ordinance or policy that complies with subdivision 5 does not
constitute a violation of Minnesota Statutes, section 609.735.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text beginDUTIES OF BUSINESSES; FACE COVERINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Face covering requirements in COVID-19 preparedness plan. new text end

new text begin A
business must:
new text end

new text begin (1) include the applicable face covering requirements in section 1, along with any face
covering requirements in applicable industry guidance, in the business's COVID-19
preparedness plan;
new text end

new text begin (2) make the COVID-19 preparedness plan available to the business's workers; and
new text end

new text begin (3) inform the business's workers of all applicable face covering requirements.
new text end

new text begin Subd. 2. new text end

new text begin Notice of face covering requirements. new text end

new text begin A business must post one or more signs
that are visible to all individuals entering the business and that inform individuals at the
business of the applicable face covering requirements.
new text end

new text begin Subd. 3. new text end

new text begin Implementation. new text end

new text begin (a) A business must:
new text end

new text begin (1) require its workers to wear a face covering according to section 1;
new text end

new text begin (2) make reasonable efforts to require customers and visitors entering the business to
wear a face covering according to section 1; and
new text end

new text begin (3) when possible, provide accommodations or an alternative service option for
individuals not required to wear a face covering according to section 1, subdivision 3, clause
(1).
new text end

new text begin (b) A business shall not require an individual to explain or provide proof of a medical
condition, mental health condition, or disability if the individual does not wear a face
covering due to the condition or disability. A business must follow other applicable laws
with respect to whether the business may require a worker to provide documentation of a
medical condition, mental health condition, or disability that prevents the worker from
wearing a face covering, and with respect to what the business may ask the worker regarding
the worker's condition or disability.
new text end

new text begin (c) Nothing in sections 1 to 3:
new text end

new text begin (1) requires a business or a worker at a business to enforce section 1 when it is unsafe
to do so; or
new text end

new text begin (2) authorizes a business or a worker at a business to restrain, assault, or physically
remove a worker or individual at the business who refuses to comply with section 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text beginENFORCEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Noncompliance by an individual. new text end

new text begin (a) Any individual who willfully
violates section 1 is guilty of a petty misdemeanor and may be sentenced to a fine not to
exceed $100.
new text end

new text begin (b) This subdivision does not apply to:
new text end

new text begin (1) an individual who is age 13 or younger; or
new text end

new text begin (2) a student who is age 14 or older, is enrolled at a school or higher education institution,
and is on the premises of the school or institution for educational purposes when the violation
occurs.
new text end

new text begin Subd. 2. new text end

new text begin Noncompliance by a business; criminal penalty. new text end

new text begin An owner, manager, or
supervisor of a business who intentionally fails to comply with section 1 or 2 is guilty of a
misdemeanor and may be sentenced to a fine not to exceed $1,000 or to imprisonment for
not more than 90 days.
new text end

new text begin Subd. 3. new text end

new text begin Noncompliance by a business; civil penalty, injunction. new text end

new text begin (a) The courts of
this state are vested with the jurisdiction to prevent and restrain violations of section 1 or
2, to require the payment of civil penalties, and to require payment into the general fund.
new text end

new text begin (b) On becoming satisfied that section 1 or 2 has been or is being violated by a business
or is about to be violated by a business, the attorney general, a county attorney for a violation
in the county attorney's jurisdiction, or a city attorney for a violation in the city attorney's
jurisdiction, shall be entitled, on behalf of the state, to:
new text end

new text begin (1) sue for and have injunctive relief in any court of competent jurisdiction against any
violation or threatened violation by a business without abridging the penalties provided by
law; and
new text end

new text begin (2) sue for and recover for the state, from any business found to have violated section
1 or 2, a civil penalty in an amount to be determined by the court but not to exceed $25,000
per occurrence.
new text end

new text begin (c) All money recovered under this subdivision shall be deposited in the general fund.
new text end

new text begin Subd. 4. new text end

new text begin Use of existing enforcement tools. new text end

new text begin State and local licensing and regulatory
authorities that assess business compliance with laws, rules, and codes to protect the public
may assess business compliance with sections 1 and 2 and use existing enforcement tools
to ensure compliance with sections 1 and 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4. new text beginEXPIRATION OF FACE COVERING REQUIREMENTS.
new text end

new text begin (a) Sections 1 to 3 shall expire upon the issuance by the federal Centers for Disease
Control and Prevention of guidance on measures to prevent COVID-19 transmission that
does not include a recommendation to wear a face covering to prevent COVID-19
transmission.
new text end

new text begin (b) The commissioner of health shall issue a public statement and shall notify the revisor
of statutes when the requirement in paragraph (a) is satisfied.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end