Minnesota 2023-2024 Regular Session

Minnesota Senate Bill SF1076 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to health; establishing limits for contact tracing, digital contract tracing,
3	3	1.3 immunizations, communicable disease testing, and the required disclosure of
4	4	1.4 certain information; requiring the destruction of certain data; prohibiting mandatory
5	5	1.5 digital contact tracing by employers; providing for civil penalties; proposing coding
6	6	1.6 for new law in Minnesota Statutes, chapters 144; 145; 181.
7	7	1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8	8	1.8 Section 1. [144.4187] CONTACT TRACING.
9	9	1.9 Subdivision 1.Definitions.(a) The terms defined in this subdivision apply to this section.
10	10	1.10 (b) "Communicable disease" has the meaning given in section 144.419, subdivision 1.
11	11	1.11 (c) "Contact tracing" means a process to identify persons who may be at risk of
12	12	1.12contracting a communicable disease through contact with a contagious person in a manner
13	13	1.13that is consistent with a known or suspected mode of transmission.
14	14	1.14 (d) "Contagious person" means a person infected with an infectious agent of a
15	15	1.15communicable disease, having a communicable disease, or harboring a specific infectious
16	16	1.16agent and serving as a potential source of infection for a communicable disease.
17	17	1.17 (e) "Digital contact tracing" means contact tracing that uses location data, proximity
18	18	1.18data, or both transmitted from a wireless communications device to estimate the proximity
19	19	1.19of a person to a contagious person, the duration of a person's exposure to a contagious
20	20	1.20person, or both.
21	21	1.21 (f) "Infectious agent" means an organism that is capable of causing a communicable
22	22	1.22disease in humans.
23	23	1Section 1.
24	24	23-01493 as introduced01/11/23 REVISOR SGS/AD
25	25	SENATE
26	26	STATE OF MINNESOTA
27	27	S.F. No. 1076NINETY-THIRD SESSION
28	28	(SENATE AUTHORS: KORAN and Eichorn)
29	29	OFFICIAL STATUSD-PGDATE
30	30	Introduction and first reading02/01/2023
31	31	Referred to Health and Human Services 2.1 (g) "Local health department" has the meaning given in section 145A.02, subdivision
32	32	2.28b.
33	33	2.3 (h) "Local unit of government" means a statutory or home rule charter city, county,
34	34	2.4community health board, or town.
35	35	2.5 (i) "Location data" means data that indicates the actual physical location of a wireless
36	36	2.6communications device at a specific point in time and that is generated by, derived from,
37	37	2.7or obtained by the operation of a wireless communications device. Location data includes
38	38	2.8but is not limited to global positioning system locations.
39	39	2.9 (j) "Proximity data" means data that identifies the proximity of one person to another at
40	40	2.10a specific point in time and that is generated by, derived from, or obtained by the operation
41	41	2.11of a wireless communications device.
42	42	2.12 (k) "State agency" means a department, agency, board, commission, constitutional office,
43	43	2.13or other group in the executive branch of state government.
44	44	2.14 (l) "Wireless communications device" means (1) a cellular phone, or (2) a portable
45	45	2.15electronic device that is capable of receiving and transmitting data, including but not limited
46	46	2.16to text messages and email, without an access line for service.
47	47	2.17 (m) "Wireless telecommunications service provider" has the meaning given in section
48	48	2.18237.82, subdivision 4.
49	49	2.19 Subd. 2.Mandatory participation in contact tracing prohibited.Except as otherwise
50	50	2.20provided by law, the commissioner of health or a local health department must not require
51	51	2.21a contagious person to participate in contact tracing.
52	52	2.22 Subd. 3.Communicable disease reports.(a) Notwithstanding section 138.17, and
53	53	2.23except as otherwise provided in this subdivision, the commissioner of health or a local health
54	54	2.24department must destroy all data reported under Minnesota Rules, part 4605.7090, and held
55	55	2.25by the commissioner or local health department no later than 90 days after the commissioner
56	56	2.26or local health department received the data.
57	57	2.27 (b) If the commissioner of health or a local health department is using the data specified
58	58	2.28in paragraph (a) for a disease investigation or contact tracing on the date the data must be
59	59	2.29destroyed according to paragraph (a), the data must instead be destroyed no later than 30
60	60	2.30days after the commissioner or local health department concludes the disease investigation
61	61	2.31or contact tracing.
62	62	2.32 Subd. 4.Digital contact tracing.(a) A person may participate in digital contract tracing
63	63	2.33only if the person voluntarily consents to do so.
64	64	2Section 1.
65	65	23-01493 as introduced01/11/23 REVISOR SGS/AD 3.1 (b) No state agency or local unit of government shall require a person to:
66	66	3.2 (1) install or activate a digital contract tracing application on a wireless communications
67	67	3.3device used by the person;
68	68	3.4 (2) provide the person's location data or proximity data to determine whether the person
69	69	3.5may be at risk of contracting a communicable disease from contact with a contagious person;
70	70	3.6or
71	71	3.7 (3) otherwise participate in digital contract tracing.
72	72	3.8 (c) No state agency or local unit of government shall collect location data, proximity
73	73	3.9data, or other individually identifiable data of a wireless communications device user for
74	74	3.10use in contact tracing from:
75	75	3.11 (1) a wireless telecommunications service provider;
76	76	3.12 (2) a digital contract tracing application installed on a wireless communications device;
77	77	3.13or
78	78	3.14 (3) an entity that administers a digital contract tracing application installed on a wireless
79	79	3.15communications device.
80	80	3.16 EFFECTIVE DATE.This section is effective the day following final enactment.
81	81	3.17 Sec. 2. [145.676] MANDATORY IMMUNIZATION; STATEMENT SUBMISSION;
82	82	3.18TESTING; DISCLOSURE OF HEALTH STATUS PROHIBITED.
83	83	3.19 Subdivision 1.Definitions.(a) The terms defined in this subdivision apply to this section.
84	84	3.20 (b) "Communicable disease" has the meaning given in section 144.419, subdivision 1.
85	85	3.21 (c) "Government building" means a building or portion of a building that is owned,
86	86	3.22leased, controlled, or operated by the state of Minnesota or a local unit of government and
87	87	3.23used to conduct public business.
88	88	3.24 (d) "Local unit of government" means a statutory or home rule charter city, county,
89	89	3.25community health board, or town.
90	90	3.26 (e) "State agency" means a department, agency, board, commission, constitutional office,
91	91	3.27or other group in the executive branch of state government; or the University of Minnesota.
92	92	3.28 Subd. 2.Mandatory immunization, submission of immunization statement or test
93	93	3.29results, and testing prohibited.Except as otherwise provided by law, no state agency or
94	94	3.30local unit of government shall require any of the following unless the person voluntarily
95	95	3.31consents:
96	96	3Sec. 2.
97	97	23-01493 as introduced01/11/23 REVISOR SGS/AD 4.1 (1) require a person to be immunized against a communicable disease;
98	98	4.2 (2) require a person to submit, as a condition of being admitted to a government building,
99	99	4.3transacting government business, or otherwise participating in a government function:
100	100	4.4 (i) a statement from a health care provider that provides immunizations that the person
101	101	4.5received an immunization against a communicable disease in a manner consistent with
102	102	4.6medically accepted standards; or
103	103	4.7 (ii) a statement from a health care provider that tests persons for a communicable disease
104	104	4.8that the person received a negative test result for a communicable disease; or
105	105	4.9 (3) require a person to be tested for a communicable disease.
106	106	4.10 Subd. 3.Mandatory disclosure of health status prohibited.No person must be required
107	107	4.11to possess, wear, or display a symbol, card, or any other indicator that the person received
108	108	4.12a positive or negative test result for a communicable disease or possesses the antibodies for
109	109	4.13a communicable disease.
110	110	4.14 EFFECTIVE DATE.This section is effective the day following final enactment.
111	111	4.15 Sec. 3. [181.975] DIGITAL CONTACT TRACING IN EMPLOYMENT .
112	112	4.16 Subdivision 1.Definitions.(a) The terms defined in this subdivision apply to this section.
113	113	4.17 (b) "Communicable disease" has the meaning given in section 144.419, subdivision 1.
114	114	4.18 (c) "Contact tracing" means a process to identify persons who may be at risk of
115	115	4.19contracting a communicable disease through contact with a contagious person in a manner
116	116	4.20that is consistent with a known or suspected mode of transmission.
117	117	4.21 (d) "Contagious person" means a person infected with an infectious agent of a
118	118	4.22communicable disease, having a communicable disease, or harboring a specific infectious
119	119	4.23agent and serving as a potential source of infection for a communicable disease.
120	120	4.24 (e) "Digital contact tracing" means contact tracing that uses location data, proximity
121	121	4.25data, or both transmitted from a wireless communications device to estimate the proximity
122	122	4.26of a person to a contagious person, the duration of a person's exposure to a contagious
123	123	4.27person, or both.
124	124	4.28 (f) "Employee" means a person who performs services for hire in Minnesota for an
125	125	4.29employer, including independent contractors.
126	126	4.30 (g) "Employer" means any person having one or more employees in Minnesota and
127	127	4.31includes the state and any political subdivisions of the state.
128	128	4Sec. 3.
129	129	23-01493 as introduced01/11/23 REVISOR SGS/AD 5.1 (h) "Infectious agent" means an organism that is capable of causing a communicable
130	130	5.2disease in humans.
131	131	5.3 (i) "Location data" means data that indicates the actual physical location of a wireless
132	132	5.4communications device at a specific point in time and that is generated by, derived from,
133	133	5.5or obtained by the operation of a wireless communications device. Location data includes
134	134	5.6but is not limited to global positioning system locations.
135	135	5.7 (j) "Proximity data" means data that identifies the proximity of one person to another at
136	136	5.8a specific point in time and that is generated by, derived from, or obtained by the operation
137	137	5.9of a wireless communications device.
138	138	5.10 (k) "Wireless communications device" means (1) a cellular phone, or (2) a portable
139	139	5.11electronic device that is capable of receiving and transmitting data, including but not limited
140	140	5.12to text messages and email, without an access line for service.
141	141	5.13 Subd. 2.Prohibited acts.No employer or employment agency shall directly or indirectly:
142	142	5.14 (1) require an employee to install or activate a digital contact tracing application on the
143	143	5.15employee's personal wireless communications device;
144	144	5.16 (2) require an employee to provide location data or proximity data to determine whether
145	145	5.17the employee may be at risk of contracting a communicable disease from contact with a
146	146	5.18contagious person;
147	147	5.19 (3) affect the terms or conditions of employment or terminate the employment of any
148	148	5.20person based on an employee's refusal to install a digital contact tracing application as
149	149	5.21described in clause (1) or to provide location data or proximity data as described in clause
150	150	5.22(2);
151	151	5.23 (4) install a digital contract tracing application on a wireless communications device
152	152	5.24provided to employees; or
153	153	5.25 (5) use location data or proximity data obtained in any manner to determine whether an
154	154	5.26employee may be at risk of contracting a communicable disease from contact with a
155	155	5.27contagious person.
156	156	5.28 Subd. 3.Authority for certain lawful workplace policies not affected.(a) Nothing in
157	157	5.29this section shall limit an employer's ability to develop and maintain lawful workplace
158	158	5.30policies governing an employee's use of the employer's wireless communications devices,
159	159	5.31equipment, or vehicles, including policies regarding Internet and email use; social networking
160	160	5.32and application use; and location tracking for purposes other than determining whether the
161	161	5.33employee had contact with, or was in close proximity to, a contagious person.
162	162	5Sec. 3.
163	163	23-01493 as introduced01/11/23 REVISOR SGS/AD 6.1 (b) Nothing in this section shall limit an employer's ability to develop and maintain
164	164	6.2lawful workplace policies to prevent an employee who is a contagious person from exposing
165	165	6.3the employer, other employees, customers, or others to a communicable disease.
166	166	6.4 Subd. 4.Penalties.Any person aggrieved by a violation of this section may bring a civil
167	167	6.5action in which the court may award:
168	168	6.6 (1) up to three times the actual damages suffered due to the violation;
169	169	6.7 (2) punitive damages;
170	170	6.8 (3) reasonable costs and attorney fees; and
171	171	6.9 (4) injunctive or other equitable relief as the court may deem appropriate.
172	172	6.10 EFFECTIVE DATE.This section is effective the day following final enactment.
173	173	6Sec. 3.
174	174	23-01493 as introduced01/11/23 REVISOR SGS/AD