1.1 	A bill for an act
1.2 	relating to traffic regulations; prohibiting certain use of cellular phones while 
1.3 	driving;amending Minnesota Statutes 2008, section 169.475.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. Minnesota Statutes 2008, section 169.475, is amended to read:
1.6 	169.475 USE OF WIRELESS COMMUNICATIONS DEVICE.
1.7 		Subdivision 1.Definition Definitions. (a) For purposes of this section, the following 
1.8 	terms have the meanings given them.
1.9 	(b) "Electronic message" means a self-contained piece of digital communication that 
1.10 	is designed or intended to be transmitted between physical devices. An electronic message 
1.11 	includes, but is not limited to, e-mail, a text message, an instant message, a command or 
1.12 	request to access a World Wide Web page, or other data that uses a commonly recognized 
1.13 	electronic communications protocol. An electronic message does not include voice or 
1.14 	other data transmitted as a result of making a phone call, or data transmitted automatically 
1.15 	by a wireless communications device without direct initiation by a person.
1.16 	(c) "Hands-free feature" means the capability of a wireless communications device 
1.17 	that enables a user to engage in a cellular phone call or access other functionality 
1.18 	of the device without the use of either hand, regardless of whether use of a hand is 
1.19 	necessary to activate or deactivate the device, or first initiate the cellular phone call or 
1.20 	other functionality. A hands-free feature may be provided through an internal feature 
1.21 	of the device, an attachment or add-on to the device, or in conjunction with additional 
1.22 	components or accessories.
1.23 		Subd. 2.Prohibition on use. (a) No person may operate a motor vehicle while:
2.1 	(1) using a wireless communications device to compose, read, or send an electronic 
2.2 	message,; or
2.3 	(2) using a cellular phone to (i) talk or listen on the phone; (ii) hold the phone to, 
2.4 	or in the immediate proximity of, the person's ear; or (iii) otherwise communicate over 
2.5 	the phone.
2.6 	(b) The prohibitions in paragraph (a) apply when the vehicle is in motion or a part 
2.7 	of traffic.
2.8 		Subd. 3.Exceptions. This section does not apply if a wireless communications 
2.9 	device is used:
2.10 	(1) solely in a voice-activated or other hands-free mode through a hands-free feature;
2.11 	(2) for making a cellular phone call;
2.12 	(3) for obtaining emergency assistance to (i) report a traffic accident, medical 
2.13 	emergency, fire, or serious traffic hazard, or (ii) prevent a crime about to be committed;
2.14 	(4) (3) in the reasonable belief that a person's life or safety is in immediate danger; or
2.15 	(5) (4) in an authorized emergency vehicle while in the performance of official duties.