HF 2899

as introduced - 92nd Legislature (2021 - 2022) Posted on 01/31/2022 12:23pm

A bill for an act
relating to health; prohibiting COVID-19 and influenza vaccine requirements;
prohibiting vaccine passports; establishing civil and criminal penalties; establishing
civil causes of action; proposing coding for new law in Minnesota Statutes, chapter
145.

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

Section 1.

new text begin [145.661] VACCINE REQUIREMENTS FOR COVID-19 AND
INFLUENZA PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibited acts. new text end

new text begin (a) The state, a state agency or entity, a political
subdivision, a state or local official, a business, an educational institution, or a medical
facility shall not:
new text end

new text begin (1) require an individual to receive a vaccine for COVID-19 or influenza; or
new text end

new text begin (2) discriminate against or coerce an individual for refusing to receive a vaccine for
COVID-19 or influenza, including:
new text end

new text begin (i) coercing an employee into consenting to receive a vaccine for COVID-19 or influenza;
new text end

new text begin (ii) withholding the opportunity for career advancement from an employee who does
not consent to receive a vaccine for COVID-19 or influenza; or
new text end

new text begin (iii) withholding a salary, wage increase, insurance coverage, or insurance discounts
from an employee who does not consent to receive a vaccine for COVID-19 or influenza.
new text end

new text begin (b) Receiving a vaccine for COVID-19 or influenza shall not be a condition of receiving
education, employment, entry into a business or facility, receiving services from the state
or a state agency or entity, or obtaining a license, certificate, or permit from a state agency
or entity.
new text end

new text begin Subd. 2. new text end

new text begin Required notice with vaccine recommendation. new text end

new text begin If the state, a state agency
or entity, a political subdivision, a state or local official, a business, an educational institution,
or a medical facility recommends that an individual in this state receive a vaccine for
COVID-19 or influenza, the individual or entity recommending the vaccine for COVID-19
or influenza must also provide a notice that this vaccine is not mandatory.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from June 1, 2021.
new text end

Sec. 2.

new text begin [145.662] PROHIBITION ON VACCINE PASSPORTS, VACCINE PASSES,
AND VACCINE CREDENTIALS FOR IMMUNIZATION STATUS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section and sections 145.663 and
145.664, the following terms have the meanings given.
new text end

new text begin (b) "Local unit of government" has the meaning given in section 4A.07, subdivision 1.
new text end

new text begin (c) "Vaccine passport," "vaccine pass," or "vaccine credential" means proof that an
individual has tested negative for a contagious disease, received a vaccine against a
contagious disease, or is in post-transmission recovery from a contagious disease.
new text end

new text begin Subd. 2. new text end

new text begin Government-issued vaccine passport, vaccine pass, or vaccine credential. new text end

new text begin (a)
In order to protect the fundamental rights and privacies of Minnesotans and because
vaccination status is protected health information, no government entity or its subdivisions,
agents, designees, or assigns are permitted to issue or require use of vaccine passports,
vaccine passes, or vaccine credentials in any format, including in electronic format, digital
format such as a cell phone application, or physical format such as a paper card.
new text end

new text begin (b) Funds from the state treasury, federal funds, funds from a local political subdivision,
or funds from their agents, designees, or assigns shall not be used to fund a database,
infrastructure, or any supporting technology pertaining to vaccine passports, vaccine passes,
or vaccine credentials.
new text end

new text begin Subd. 3. new text end

new text begin Businesses. new text end

new text begin In order to protect the fundamental rights and privacies of
Minnesotans and because vaccination status is protected health information, no entity doing
business in Minnesota, including a nonprofit organization, shall require patrons, customers,
employees, contractors, or staff to provide a vaccine passport, vaccine pass, or vaccine
credential to gain access to, entry upon, or service from the business. This prohibition also
applies to travel by air, train, water, or rental car.
new text end

new text begin Subd. 4. new text end

new text begin Study of vaccine passports, vaccine passes, or vaccine credentials. new text end

new text begin The
governor, state agencies, local units of government, local political subdivisions, and their
agents, designees, and assigns are prohibited from taking any action to study, plan for, or
implement vaccine passports, vaccine passes, or vaccine credentials.
new text end

new text begin Subd. 5. new text end

new text begin Penalties; damages. new text end

new text begin (a) A violation of this section is a misdemeanor. A business
that violates this section shall be subject to a penalty of $10,000 for each violation.
new text end

new text begin (b) An individual injured by a violation of this section may bring an action for damages
against the individual or entity who violated this section, and may recover compensatory
damages; costs and disbursements, including the cost of investigation and attorney fees;
and equitable relief as determined by the court, in addition to any other remedy otherwise
available under law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from June 1, 2021.
new text end

Sec. 3.

new text begin [145.663] DUTY TO PROTECT THE RIGHTS OF INDIVIDUALS.
new text end

new text begin It shall be the duty of the courts of this state to protect the rights of individuals to be free
from enforcement in this state of vaccine passports, vaccine passes, or vaccine credentials,
and to protect these rights from being infringed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from June 1, 2021.
new text end

Sec. 4.

new text begin [145.664] BAR TO ENFORCEMENT OF UNCONSTITUTIONAL FEDERAL
DIRECTIVES.
new text end

new text begin (a) No person, including a public officer or employee of this state or of a political
subdivision, shall enforce or attempt to enforce any federal acts, laws, executive orders,
administrative orders, court orders, rules, regulations, statutes, or ordinances that require
the use of vaccine passports, vaccine passes, or vaccine credentials in this state.
new text end

new text begin (b) An individual injured by a violation of this section may bring an action for damages
against an entity or individual who knowingly violated this section or otherwise knowingly
deprived an individual in this state of rights or freedoms by enforcing a vaccine passport,
vaccine pass, or vaccine credential requirement. In such an action, a court may award the
prevailing party, other than the state or a political subdivision, costs and reasonable attorney
fees. Sovereign, official, or qualified immunity shall not be an affirmative defense to an
action brought under this paragraph.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from June 1, 2021.
new text end