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HF 50

1st Unofficial Engrossment - 91st Legislature (2019 - 2020) Posted on 03/25/2019 03:06pm

KEY: stricken = removed, old language.
underscored = added, new language.
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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
deleted text begin affixed todeleted text end new text begin physically integrated intonew text end the vehicledeleted text begin ,deleted text end new text begin ; new text end deleted text begin ordeleted text end new text begin (2) new text end a global positioning system or
navigation system deleted text begin when the system isdeleted text end used exclusively for navigation purposesnew text begin ; or (3) a
two-way radio, citizens band radio, or amateur radio equipment used in accordance with
Federal Communications Commission rules and regulationsnew text end .

Sec. 2.

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


169.475 USE OF WIRELESS COMMUNICATIONS DEVICE.

Subdivision 1.

deleted text begin Definitiondeleted text end new text begin Definitionsnew text end .

new text begin (a) new text end For 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 to, e-mail, a text message, an instant message, deleted text begin a command or
request to access a World Wide Web page,deleted text end 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 calldeleted text begin ,deleted text end new text begin ; two-way radio, citizens band radio, or
amateur radio equipment used in accordance with Federal Communications Commission
rules and regulations;new text end 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 person to use the device without the use of either hand except to activate or
deactivate a feature or function. The term includes the use of a scarf or hijab or other item
of clothing to hold a device in a hands-free manner.
 new text end

Subd. 2.

Prohibition on use; penalty.

(a) deleted text begin Nodeleted text end new text begin Except as provided in subdivision 3, when
a motor vehicle is in motion or a part of traffic, thenew text end person deleted text begin may operate a motordeleted text end new text begin operating
the new text end vehicle deleted text begin whiledeleted text end new text begin upon a street or highway is prohibited fromnew text end using a wireless
communications device tonew text begin :
new text end

new text begin (1) new text end new 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 end new text begin ;
new text end

new text begin (2) initiate a cellular phone call or participate in a cellular phone call by listening or
talking;
 new text end

new text begin (3) view or listen to images, pictures, or video content, whether web-based, stored on
the device, or accessed in any other manner; or
 new text end

new text begin (4) initiate a command or request to access a web page.
 new text end

(b) A person who violates paragraph (a) a second or subsequent time must pay a fine of
deleted text begin $225, plus the amount specified in the uniform fine schedule established by the Judicial
deleted text end deleted text begin Councildeleted text end new text begin $300new text end .

Subd. 3.

Exceptions.

deleted text begin This section doesdeleted text end new text begin The prohibitions in subdivision 2 do new text end not apply
if a wireless communications device is used:

(1) solely in a voice-activated or deleted text begin otherdeleted text end hands-free modenew text begin to initiate or participate in a
cellular phone call or to initiate, compose, read, send, or listen to an electronic messagenew text end ;

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

new text begin (3) to listen to audio-based content;
 new text end

deleted text begin (3)deleted text end new text begin (4)new text end deleted text begin for obtainingdeleted text end new 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;

deleted text begin (4)deleted text end new text begin (5)new text end in the reasonable belief that a person's life or safety is in immediate danger; or

deleted text begin (5)deleted text end new text begin (6)new text end in an authorized emergency vehicle while in the performance of official duties.

Sec. 3. new text begin EFFECTIVE 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