1.1 	A bill for an act
1.2 	relating to transportation; requiring that cellular phones used in motor vehicles 
1.3 	be hands-free; providing a defense;proposing coding for new law in Minnesota 
1.4 	Statutes, chapter 169.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. [169.472] USE OF CELLULAR PHONES.
1.7 		Subdivision 1.Definitions. For purposes of this section:
1.8 	(1) "Hands-free device" means an attachment, add-on, or addition to a cellular 
1.9 	phone, whether or not permanently installed in a motor vehicle, that when used allows the 
1.10 	vehicle operator to maintain both hands on the steering wheel; and
1.11 	(2) "Use" means talking, text messaging, or listening on a cellular phone.
1.12 		Subd. 2.Prohibition. No person may use a cellular phone while operating a motor 
1.13 	vehicle that is in motion unless the cellular phone is equipped and used with a hands-free 
1.14 	device.  A peace officer may not issue a citation for a violation of this subdivision unless 
1.15 	the officer lawfully stopped or detained the driver of the motor vehicle for another moving 
1.16 	violation other than a violation involving motor vehicle equipment.
1.17 		Subd. 3.Defense. It is an affirmative defense against a charge of violating 
1.18 	subdivision 2 for a person to produce evidence that the cellular phone was used for the 
1.19 	purpose of contacting the following in response to an emergency:
1.20 	(1) a public safety answering point, by dialing 911 or other emergency telephone 
1.21 	number;
1.22 	(2) a hospital, clinic, or doctor's office;
1.23 	(3) an ambulance service provider;
1.24 	(4) a fire department or law enforcement agency; or 
2.1 	(5) a first aid squad.