1.1 	A bill for an act
1.2 	relating to traffic regulations; doubling fine for moving violation committed 
1.3 	while operating mobile phone; providing affirmative defense to doubled fine;
1.4 	amending Minnesota Statutes 2004, section 169.89, by adding a subdivision.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 169.89, is amended by adding a 
1.7 	subdivision to read:
1.8 		Subd. 6.Violation committed while operating mobile phone. (a) A person 
1.9 	convicted of a moving violation, which does not include a parking violation, a vehicle 
1.10 	equipment violation, or a warning citation, who, during the commission of the violation, 
1.11 	was communicating over a cellular or wireless telephone, is assessed an additional 
1.12 	surcharge equal to the amount of the fine imposed for the moving violation, but not less 
1.13 	than $25.
1.14 	(b) It is an affirmative defense against a charge of violating paragraph (a) that the 
1.15 	mobile telephone was used for the purpose of contacting the following in response to 
1.16 	an emergency:
1.17 	(1) a first responder by use of a 911 or other emergency telephone number;
1.18 	(2) a hospital, clinic, or doctor's office;
1.19 	(3) an ambulance service provider;
1.20 	(4) a fire department or law enforcement agency; or
1.21 	(5) a first aid squad.