Minnesota Legislature
SF 1076
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/02/2023 10:19am
Current Version - as introduced
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A bill for an act
relating to health; establishing limits for contact tracing, digital contract tracing,
immunizations, communicable disease testing, and the required disclosure of
certain information; requiring the destruction of certain data; prohibiting mandatory
digital contact tracing by employers; providing for civil penalties; proposing coding
for new law in Minnesota Statutes, chapters 144; 145; 181.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[144.4187] CONTACT TRACING.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) The terms defined in this subdivision apply to this section.
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(b) "Communicable disease" has the meaning given in section 144.419, subdivision 1.
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(c) "Contact tracing" means a process to identify persons who may be at risk of
contracting a communicable disease through contact with a contagious person in a manner
that is consistent with a known or suspected mode of transmission.
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(d) "Contagious person" means a person infected with an infectious agent of a
communicable disease, having a communicable disease, or harboring a specific infectious
agent and serving as a potential source of infection for a communicable disease.
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(e) "Digital contact tracing" means contact tracing that uses location data, proximity
data, or both transmitted from a wireless communications device to estimate the proximity
of a person to a contagious person, the duration of a person's exposure to a contagious
person, or both.
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(f) "Infectious agent" means an organism that is capable of causing a communicable
disease in humans.
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(g) "Local health department" has the meaning given in section 145A.02, subdivision
8b.
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(h) "Local unit of government" means a statutory or home rule charter city, county,
community health board, or town.
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(i) "Location data" means data that indicates the actual physical location of a wireless
communications device at a specific point in time and that is generated by, derived from,
or obtained by the operation of a wireless communications device. Location data includes
but is not limited to global positioning system locations.
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(j) "Proximity data" means data that identifies the proximity of one person to another at
a specific point in time and that is generated by, derived from, or obtained by the operation
of a wireless communications device.
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(k) "State agency" means a department, agency, board, commission, constitutional office,
or other group in the executive branch of state government.
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(l) "Wireless communications device" means (1) a cellular phone, or (2) a portable
electronic device that is capable of receiving and transmitting data, including but not limited
to text messages and email, without an access line for service.
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(m) "Wireless telecommunications service provider" has the meaning given in section
237.82, subdivision 4.
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new text begin Subd. 2. new text end
new text begin Mandatory participation in contact tracing prohibited. new text end
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Except as otherwise
provided by law, the commissioner of health or a local health department must not require
a contagious person to participate in contact tracing.
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new text begin Subd. 3. new text end
new text begin Communicable disease reports. new text end
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(a) Notwithstanding section 138.17, and
except as otherwise provided in this subdivision, the commissioner of health or a local health
department must destroy all data reported under Minnesota Rules, part 4605.7090, and held
by the commissioner or local health department no later than 90 days after the commissioner
or local health department received the data.
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(b) If the commissioner of health or a local health department is using the data specified
in paragraph (a) for a disease investigation or contact tracing on the date the data must be
destroyed according to paragraph (a), the data must instead be destroyed no later than 30
days after the commissioner or local health department concludes the disease investigation
or contact tracing.
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new text begin Subd. 4. new text end
new text begin Digital contact tracing. new text end
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(a) A person may participate in digital contract tracing
only if the person voluntarily consents to do so.
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(b) No state agency or local unit of government shall require a person to:
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(1) install or activate a digital contract tracing application on a wireless communications
device used by the person;
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(2) provide the person's location data or proximity data to determine whether the person
may be at risk of contracting a communicable disease from contact with a contagious person;
or
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(3) otherwise participate in digital contract tracing.
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(c) No state agency or local unit of government shall collect location data, proximity
data, or other individually identifiable data of a wireless communications device user for
use in contact tracing from:
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(1) a wireless telecommunications service provider;
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(2) a digital contract tracing application installed on a wireless communications device;
or
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(3) an entity that administers a digital contract tracing application installed on a wireless
communications device.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 2.
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[145.676] MANDATORY IMMUNIZATION; STATEMENT SUBMISSION;
TESTING; DISCLOSURE OF HEALTH STATUS PROHIBITED.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) The terms defined in this subdivision apply to this section.
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(b) "Communicable disease" has the meaning given in section 144.419, subdivision 1.
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(c) "Government building" means a building or portion of a building that is owned,
leased, controlled, or operated by the state of Minnesota or a local unit of government and
used to conduct public business.
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(d) "Local unit of government" means a statutory or home rule charter city, county,
community health board, or town.
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(e) "State agency" means a department, agency, board, commission, constitutional office,
or other group in the executive branch of state government; or the University of Minnesota.
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new text begin Subd. 2. new text end
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Mandatory immunization, submission of immunization statement or test
results, and testing prohibited.
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Except as otherwise provided by law, no state agency or
local unit of government shall require any of the following unless the person voluntarily
consents:
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(1) require a person to be immunized against a communicable disease;
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(2) require a person to submit, as a condition of being admitted to a government building,
transacting government business, or otherwise participating in a government function:
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(i) a statement from a health care provider that provides immunizations that the person
received an immunization against a communicable disease in a manner consistent with
medically accepted standards; or
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(ii) a statement from a health care provider that tests persons for a communicable disease
that the person received a negative test result for a communicable disease; or
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(3) require a person to be tested for a communicable disease.
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new text begin Subd. 3. new text end
new text begin Mandatory disclosure of health status prohibited. new text end
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No person must be required
to possess, wear, or display a symbol, card, or any other indicator that the person received
a positive or negative test result for a communicable disease or possesses the antibodies for
a communicable disease.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 3.
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[181.975] DIGITAL CONTACT TRACING IN EMPLOYMENT.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) The terms defined in this subdivision apply to this section.
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(b) "Communicable disease" has the meaning given in section 144.419, subdivision 1.
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(c) "Contact tracing" means a process to identify persons who may be at risk of
contracting a communicable disease through contact with a contagious person in a manner
that is consistent with a known or suspected mode of transmission.
new text end
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(d) "Contagious person" means a person infected with an infectious agent of a
communicable disease, having a communicable disease, or harboring a specific infectious
agent and serving as a potential source of infection for a communicable disease.
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(e) "Digital contact tracing" means contact tracing that uses location data, proximity
data, or both transmitted from a wireless communications device to estimate the proximity
of a person to a contagious person, the duration of a person's exposure to a contagious
person, or both.
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(f) "Employee" means a person who performs services for hire in Minnesota for an
employer, including independent contractors.
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(g) "Employer" means any person having one or more employees in Minnesota and
includes the state and any political subdivisions of the state.
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(h) "Infectious agent" means an organism that is capable of causing a communicable
disease in humans.
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(i) "Location data" means data that indicates the actual physical location of a wireless
communications device at a specific point in time and that is generated by, derived from,
or obtained by the operation of a wireless communications device. Location data includes
but is not limited to global positioning system locations.
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(j) "Proximity data" means data that identifies the proximity of one person to another at
a specific point in time and that is generated by, derived from, or obtained by the operation
of a wireless communications device.
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(k) "Wireless communications device" means (1) a cellular phone, or (2) a portable
electronic device that is capable of receiving and transmitting data, including but not limited
to text messages and email, without an access line for service.
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new text begin Subd. 2. new text end
new text begin Prohibited acts. new text end
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No employer or employment agency shall directly or indirectly:
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(1) require an employee to install or activate a digital contact tracing application on the
employee's personal wireless communications device;
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(2) require an employee to provide location data or proximity data to determine whether
the employee may be at risk of contracting a communicable disease from contact with a
contagious person;
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(3) affect the terms or conditions of employment or terminate the employment of any
person based on an employee's refusal to install a digital contact tracing application as
described in clause (1) or to provide location data or proximity data as described in clause
(2);
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(4) install a digital contract tracing application on a wireless communications device
provided to employees; or
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(5) use location data or proximity data obtained in any manner to determine whether an
employee may be at risk of contracting a communicable disease from contact with a
contagious person.
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new text begin Subd. 3. new text end
new text begin Authority for certain lawful workplace policies not affected. new text end
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(a) Nothing in
this section shall limit an employer's ability to develop and maintain lawful workplace
policies governing an employee's use of the employer's wireless communications devices,
equipment, or vehicles, including policies regarding Internet and email use; social networking
and application use; and location tracking for purposes other than determining whether the
employee had contact with, or was in close proximity to, a contagious person.
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(b) Nothing in this section shall limit an employer's ability to develop and maintain
lawful workplace policies to prevent an employee who is a contagious person from exposing
the employer, other employees, customers, or others to a communicable disease.
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new text begin Subd. 4. new text end
new text begin Penalties. new text end
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Any person aggrieved by a violation of this section may bring a civil
action in which the court may award:
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(1) up to three times the actual damages suffered due to the violation;
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(2) punitive damages;
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(3) reasonable costs and attorney fees; and
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(4) injunctive or other equitable relief as the court may deem appropriate.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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