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HF 2348

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/24/2022 04:12pm

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

Bill Text Versions

Introduction Posted on 03/22/2021

Current Version - as introduced

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A resolution
for the State of Minnesota to protect its citizens against unconstitutional and medically
irresponsible COVID-19 vaccine mandates.

WHEREAS, the Founders determined that a Bill of Rights was necessary to guard individual
liberty against encroachments from state and federal actors, public and private; and

WHEREAS, the 14th Amendment to the United States Constitution explicitly directs states
not to deprive any person of life, liberty, or property, without due process of law, nor deny to any
person within its jurisdiction the equal protection of the laws; and

WHEREAS, no COVID-19 vaccine is approved by the Food and Drug Administration (FDA),
but some are authorized under a temporary Emergency Use Authorization as experimental or
investigational agents only; and

WHEREAS, emergency use products are specifically prohibited by United States Code, title
21, section 360bbb-3, from being mandated, stating that authorization for medical products for use
in emergencies requires the option to accept or refuse administration of the product; and

WHEREAS, the Centers for Disease Control and Prevention Advisory Committee on
Immunization Practices (ACIP) affirmed in August 2020 that under an Emergency Use Authorization,
experimental vaccines are not allowed to be mandatory; and

WHEREAS, decades-old, universally accepted codes of medical ethics, including the
Nuremberg Code and the Declaration of Helsinki, absolutely prohibit any form of coercion
whatsoever for individuals to participate in a medical experiment; and

WHEREAS, 40 percent of respondents in at least one national poll reported that they would
opt out of taking an experimental COVID-19 vaccine; and

WHEREAS, it is neither feasible nor safe to mandate experimental vaccination given the
large number of COVID-19-recovered patients in the general population and protocols from the
FDA and vaccine manufacturers that excluded COVID-19-recovered patients from vaccination;

WHEREAS, it is neither feasible nor safe to administer experimental vaccines to many groups
of patients, such as persons with postnatural infections, waning titers, or allergic reactions, as well
as to pregnant women; and

WHEREAS, public and private measures are nonetheless being considered to mandate
experimental vaccinations in order to participate in certain public activities and functions of daily
American life, including but not limited to employment, in-person school attendance, public
transportation, and concert performances; and

WHEREAS, "vaccine passports," "digital health IDs," and other required documentation
pose substantial risks to personal privacy and equal treatment before the law for all citizens of
Minnesota as well as the United States generally; and

WHEREAS, administration of the experimental COVID-19 vaccines according to guidelines
established by the Advisory Committee on Immunization Practices do not provide adequate
protections for average Americans concerned about potential health hazards associated with the
vaccines; and

WHEREAS, the public is entitled to receive unbiased, transparent, easily accessible medical
information from public health officials related to all vaccines; and

WHEREAS, health care providers administering the vaccine are required by law to obtain
informed consent, and they cannot do so if they themselves are not informed; and

WHEREAS, the emergency powers assumed by the chief executives of certain states as well
as municipal leaders violate certain unalienable rights guaranteed by the United States Constitution
and its Bill of Rights and therefore deserve redress; and

WHEREAS, while these legitimate grievances are pursued by the courts of various states,
state lawmakers must enshrine certain rights against encroachment by decrees that are not medically
or scientifically indicated, such as vaccine mandates, in order to ensure the continuity of these
rights; and

WHEREAS, a COVID-19 vaccine bill of rights memorialized by this resolution against
COVID-19 vaccine mandates provides an example for other legislative bodies in the United States
to be recognized and upheld by the attorneys general of those states; and

WHEREAS, the major principles of a vaccine bill of rights will include a minimum of five
of the following provisions: that no person shall be mandated, coerced, forced, or pressured to take
an experimental or investigational medication; that all persons reserve the right, at all times, to
determine what is in the person's own best medical interest without threat to the person's livelihood,
schooling, or freedom of movement; that no physician or nurse shall be asked by an employer to
promote a COVID-19 vaccine; that all health care providers shall attest that they are aware of the
Vaccine Adverse Event Reporting System (VAERS) database run by the Centers for Disease Control
and Prevention and the Food and Drug Administration and that they have a professional obligation
to check it regularly and share information about VAERS with each vaccine recipient; that all
vaccine recipients must be informed of the specific vaccine being provided; that all persons must
be given access to independent information, including information from sources other than
pharmaceutical companies, governmental institutions, and quasi-governmental institutions, to help
them determine what is in their own best medical interest, including the risk of death based on age
or health condition from contracting the virus naturally; that the frail elderly are entitled to assistance
from a knowledgeable, independent advocate with medical training to help them determine what
is in their own medical interest; and that private businesses operating within a jurisdiction have no
legal authority to require, mandate, or coerce any person to take any medication or experimental
medication; and

WHEREAS, technical guidance for employers released by the United States Equal
Employment Opportunity Commission in December 2020 should not be understood to undermine
employee constitutional rights laid out herein; and

WHEREAS, state legislative bodies must practice oversight of federal assistance consistent
with their enumerated powers; and

WHEREAS, out-of-state commercial vendors, including Ticketmaster, cannot require venue
operators and organizers to require proof of vaccination from concertgoers and other paying
customers before they are permitted to freely enter a venue on private or public property; and

WHEREAS, vaccinations for prekindergarten to grade 12 students cannot be required without
certain clear and consistent exemptions applied, among them medical and conscience clauses, nor
can a vaccine mandate for these populations be a factor in state school aid funding; and

WHEREAS, interstate carriers, such as airlines and public transit, calling for "vaccine
passports" as a condition of entry to the interstate carrier cannot be allowed to operate with state
licensure and waivers, and federal agencies such as the Federal Aviation Administration are called
on to issue new rules prohibiting interstate carriers from requiring COVID-19 vaccines for all carrier
crews and customers; NOW, THEREFORE,

BE IT RESOLVED by the Legislature of the State of Minnesota that it memorializes
establishment of a COVID-19 vaccine bill of rights for the purposes of defending the constitutional
liberties of its citizens, promoting sound science, and outlining a framework of best practices for
state authorities and federal regulators to develop in this evolving phase of experimental vaccine
administration and implementation.

BE IT FURTHER RESOLVED that the Secretary of State of the State of Minnesota is directed
to prepare copies of this memorial and transmit them to the President of the United States, the
President and the Secretary of the United States Senate, the Speaker and the Clerk of the United
States House of Representatives, the Federal Aviation Administration, the United States Equal
Employment Opportunity Commission, the United States Department of Labor, and the United
States Justice Department's Civil Rights Division.