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Minnesota Legislature

Office of the Revisor of Statutes

HF 3921

as introduced - 90th Legislature (2017 - 2018) Posted on 05/18/2018 09:44am

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 certain use of cellular phones while driving;
amending Minnesota Statutes 2016, sections 169.011, subdivision 94; 169.475.

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

Section 1.

Minnesota Statutes 2016, section 169.011, subdivision 94, is amended to read:


Subd. 94.

Wireless communications device.

"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. A wireless communications device does not include a device that is
permanently affixed to the vehicle, or a global positioning system or navigation system
deleted text begin when the system is used exclusively for navigation purposesdeleted text endnew text begin that is physically integrated
into the vehicle
new text end.

Sec. 2.

Minnesota Statutes 2016, section 169.475, is amended to read:


169.475 USE OF WIRELESS COMMUNICATIONS DEVICE.

Subdivision 1.

Definition.

For purposes of this section, "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 to, e-mail, a
text message, an instant message, a command or request to access a World Wide Web page,
or 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.

Subd. 2.

Prohibition on use; penalty.

(a) deleted text beginNodeleted text endnew text begin 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
from
new text end usingnew text begin:
new text end

new text begin (1)new text end a wireless communications device tonew 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 trafficdeleted text endnew text begin; or
new text end

new text begin (2) a cellular phone, including but not limited to initiating a cellular phone call and
talking or listening on the phone
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.

new text begin(a) new text endThis section does not apply if a wireless communications device
is used:

(1) solely in a voice-activated or other hands-free modenew text begin, whether through a device feature
or in conjunction with a headset or other accessories
new text end;

(2) deleted text beginfor making deleted text endnew text beginto make new text enda cellular phone callnew text begin through use of one-touch functionalitynew 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 able to function solely as a global
positioning system or navigation system.
new text end