Requires written consent for vaccination, prohibits minor consent, prohibits state agents/businesses from discriminating for vaccine status, penalties

State: MN
Bill Number: HF 1860/SF 1106
Position: SUPPORT
Action Required: None at this time
Status: HF 1860/SF 1106 failed to be scheduled for committee hearing in chamber of origin before session adjourned on 5/22/2023; carryover to 2024

Legislation Details:

UPDATE: 5/22/2023 - HF 1860 failed to be scheduled for a hearing in the House Health Finance and Policy Committee and SF 1106 failed to be scheduled for a hearing in the Senate Health and Human Services Committee before the session adjourned on 5/22/2023. In MN, bills introduced in the first year of the regular session convening in odd-numbered years remain actionable throughout the second year of the regular session convening in even-numbered years. Legislative rules automatically relocate bills caught at certain points in the legislative process when the legislature adjourns for the long interim recess at the end of the first year of the regular session. Bills located in committee of either chamber at the time of adjournment are generally left undisturbed. Committee action on a bill is possible during the interim providing the committee has possession of the bill. However, this is rare because the action cannot be completed until the session reconvenes and the committee can report the bill. 

HF 1860 was introduced and referred to the House Health Finance and Policy Committee on 2/16/2023. It is sponsored by Representative Walter Hudson

SF 1106 was introduced and referred to the Senate Health and Human Services Committee on 2/2/2023.  It is sponsored by Senator Eric Lucero

In summary, the bills would require written consent before administering vaccines, and prohibit state agents or businesses from discriminating for vaccine status. Criminal penalties can be imposed. 

Section 1 would amend Minnesota Statutes 2022, section 144.4197 to state that no vaccination shall be administered unless the person receiving it gives written consent. Parents or guardians shall give written consent for children or individuals who are unable to give consent before vaccinations can be administered. No government official or agent of government shall attempt to coerce an individual to consent to vaccination by withholding any form of government assistance or benefit such as a stimulus check, MFIP, health care programs, unemployment compensation, or student loans (incomplete list). This section would become effective the day following final enactment.

Subdivision 2 would amend the Emergency Vaccine Administration section 144.4197 to prohibit discrimination from any political subdivision or business for any individual who refuses to receive a vaccine. No state political subdivision or business shall require proof of vaccination for entry into a building or facility open to the general public. Individuals shall not be  denied the ability to engage in commerce as a result of a decision on whether or not to vaccinate. Violations of this sudivision are considered a felony with a minimum of ten years' imprisonment. This section would become effective the day following final enactment.

https://www.revisor.mn.gov/bills/bill.php?b=House&f=HF1860&ssn=0&y=2023 - text, status, and history of HF 1860

https://www.revisor.mn.gov/bills/bill.php?b=Senate&f=SF1106&ssn=0&y=2023 - text, status, and history of SF 1106