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Minnesota Legislature

Office of the Revisor of Statutes

HF 50

as introduced - 91st Legislature (2019 - 2020) Posted on 01/14/2019 01:57pm

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

Current Version - as introduced

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A bill for an act
relating to transportation; prohibiting use of cell phones while driving under
specified circumstances;amending Minnesota Statutes 2018, sections 169.011,
subdivision 94; 169.475.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 169.011, subdivision 94, is amended to read:


Subd. 94.

Wireless communications device.

new text begin(a) new text end"Wireless communications device"
means (1) a cellular phone, or (2) a portable electronic device that is capable of receiving
and transmitting data, including but not limited to text messages and e-mail, without an
access line for service.

new text begin (b)new text end A wireless communications device does not includenew text begin: (1)new text end a device that is permanently
affixed to the vehicledeleted text begin,deleted text endnew text begin; (2) a device that is physically integrated into the vehicle;new text end or new text begin(3) new text enda
global positioning system or navigation system deleted text beginwhen the system isdeleted text end used exclusively for
navigation purposes.

Sec. 2.

Minnesota Statutes 2018, section 169.475, is amended to read:


169.475 deleted text beginUSE OF WIRELESS COMMUNICATIONS DEVICEdeleted text endnew text begin DANGEROUSLY
DISTRACTED DRIVING
new text end.

Subdivision 1.

deleted text beginDefinitiondeleted text endnew text begin Definitionsnew text end.

new text begin(a) new text endFor purposes of this section,new text begin the following
terms have the meanings given.
new text end

new text begin (b)new text end "Electronic message" means a self-contained piece of digital communication that is
designed or intended to be transmitted between physical devices. An electronic message
includes, but is not limited todeleted text begin, e-mail, a text message, an instant message, a command or
request to access a World Wide Web page,
deleted text endnew text begin: e-mail; a text message; an instant message; a
command or request to access a web page; video content, whether web-based, stored on the
device, or accessed in any other manner; images; pictures;
new text endor other data that uses a commonly
recognized electronic communications protocol. An electronic message does not include
voice or other data transmitted as a result of making a phone call, or data transmitted
automatically by a wireless communications device without direct initiation by a person.

new text begin (c) A motor vehicle is not considered to be "in motion or a part of traffic" if the vehicle
is legally pulled over to the side of the road and not obstructing traffic.
new text end

new text begin (d) "Voice-activated" or "hands-free mode" means an attachment, accessory, application,
wireless connection, or built-in feature of a wireless communications device or vehicle that
allows the user to:
new text end

new text begin (1) vocally compose, send, or listen to a text-based communication without the use of
either hand except to activate or deactivate a feature or function; or
new text end

new text begin (2) engage in a phone call without the use of either hand except to activate or deactivate
a feature or function.
new text end

Subd. 2.

Prohibition on use; penalty.

(a) deleted text beginNodeleted text endnew text begin Except as provided in subdivision 3, when
a motor vehicle is in motion or a part of traffic, the
new text end person deleted text beginmay operate a motordeleted text end new text beginoperating
the
new text endvehicle deleted text beginwhiledeleted text endnew text begin is prohibited fromnew text end using a wireless communications device tonew text begin:
new text end

new text begin (1) new text endnew text begin initiate,new text end compose, read, or send an electronic messagedeleted text begin, when the vehicle is in motion
or a part of traffic.
deleted text endnew text begin;
new text end

new text begin (2) initiate a cellular phone call;
new text end

new text begin (3) talk or listen on a cellular phone; or
new text end

new text begin (4) view or listen to video content.
new text end

(b) A person who violates paragraph (a) a second or subsequent time must pay a fine of
$225, plus the amount specified in the uniform fine schedule established by the Judicial
Council.

Subd. 3.

Exceptions.

deleted text beginThis section doesdeleted text end new text begin(a) The prohibitions in subdivision 2 do new text endnot
apply if a wireless communications device is used:

(1) solely in a voice-activated or deleted text beginotherdeleted text end hands-free modenew text begin to make or participate in a phone
call or to initiate, compose, read, or send an electronic message
new text end;

(2) deleted text beginfor making a cellular phone calldeleted text endnew text begin to view a global positioning system or navigation
system
new text end;

(3) deleted text beginfor obtainingdeleted text endnew text begin to obtainnew text end emergency assistance to (i) report a traffic accident, medical
emergency, or serious traffic hazard, or (ii) prevent a crime about to be committed;

(4) in the reasonable belief that a person's life or safety is in immediate danger; or

(5) in an authorized emergency vehicle while in the performance of official duties.

new text begin (b) This section does not apply to a device that is functioning solely as a global
positioning system or navigation system that is temporarily affixed to the vehicle.
new text end

new text begin (c) The prohibitions in subdivision 2 do not apply to the use of a cellular phone that is
temporarily affixed to the vehicle to listen to audio-based content.
new text end

Sec. 3. new text beginEFFECTIVE DATE.
new text end

new text begin This act is effective August 1, 2019, and applies to acts committed on or after that date.
new text end