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Minnesota Legislature

Office of the Revisor of Statutes

HF 50

2nd Division Engrossment - 91st Legislature (2019 - 2020) Posted on 03/04/2019 02:39pm

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; requiring a study of traffic stops; requiring a report;
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.

"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 devicenew text begin or featurenew text end that
is permanently deleted text beginaffixed todeleted text endnew text begin physically integrated intonew text end the vehicle, deleted text beginordeleted text endnew text begin includingnew text end a global
positioning system or navigation system deleted text beginwhen the system is used exclusively for navigation
purposes
deleted 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 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,deleted text endnew text begin:new text end e-maildeleted text begin,deleted text endnew text begin;new text end a text messagedeleted text begin,deleted text endnew text begin;new text end an instant messagedeleted text begin,deleted text endnew text begin;new text end a command or
request to access a deleted text beginWorld Widedeleted text end web pagedeleted text begin, ordeleted text endnew text begin; a voice mail message; a transmitted image;
transmitted audio content; transmitted video content, including through video calling; and
new text end
other data deleted text beginthat usesdeleted text endnew text begin transmitted usingnew text end a commonly recognized electronic communications
protocol. An electronic message does not includenew text begin:new text end voice or deleted text beginotherdeleted text endnew text begin audionew text end data transmitted as
a result of making a phone call,new text begin data transmitted between a motor vehicle and a wireless
communications device located in the vehicle,
new text end or data transmitted automatically deleted text beginby a wireless
communications device
deleted text end without direct initiation by a person.

new text begin (c) "Voice-activated or hands-free mode" means an attachment, an accessory, a wirelessly
paired or tethered capability, or a built-in capability of a wireless communications device
or a motor vehicle that allows a person to use a feature or software application without either
hand, except for one touch activation or deactivation of the feature or software application.
A feature or software application includes but is not limited to text messaging and phone
calling.
new text end

new text begin (d) For purposes of this section, a motor vehicle is not in motion or a part of traffic if
the vehicle is lawfully stopped, is in a location that is not designed or ordinarily used for
vehicular travel, and is not obstructing traffic.
new text end

new text begin (e) For purposes of subdivision 2, paragraph (a), "using" includes but is not limited to
holding a wireless communications device.
new text end

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 endnew text begin operating thenew text end vehicle deleted text beginwhiledeleted text endnew text begin is prohibited
from
new text end using a wireless communications devicenew text begin, which includes but is not limitednew text end tonew text begin:
new text end

deleted text begin compose, read, or senddeleted text end new text begin(1) initiating, composing, sending, retrieving, or readingnew text end an
electronic messagedeleted text begin, when the vehicle is in motion or a part of trafficdeleted text endnew text begin; and
new text end

new text begin (2) engaging in a cellular phone call, including initiating a call, talking or listening, and
participating in video calling
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 deleted text beginotherdeleted text end hands-free modenew text begin, including to access a global
positioning system or navigation system
new text end;

(2) deleted text beginfor making a cellular phone call;
deleted text end

deleted text begin (3) for 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;

deleted text begin (4)deleted text endnew text begin (3)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 endnew text begin (4)new text end in an authorized emergency vehicle while in the performance of official duties.

new text begin (b) The exception in paragraph (a), clause (1), does not apply to accessing nonnavigation
video content, engaging in video calling, engaging in live-streaming, or reading electronic
messages.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3. new text beginTRAFFIC STOP STUDY; REPORT REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Traffic stop study. new text end

new text begin The commissioner of public safety, in coordination
with the Minnesota State Patrol, shall oversee a study on traffic stops to determine whether
amendments to Minnesota Statutes, section 169.475, effective August 1, 2019, have a
disproportionate impact on any group.
new text end

new text begin Subd. 2. new text end

new text begin Data to be collected. new text end

new text begin (a) To facilitate the traffic stop study, members of the
Minnesota State Patrol, as defined in Minnesota Statutes, section 299D.03, shall collect
data on all traffic stops.
new text end

new text begin (b) The data that must be collected as part of this study include:
new text end

new text begin (1) the location of the stop;
new text end

new text begin (2) the date and time of the stop;
new text end

new text begin (3) the race, ethnicity, or both of the driver;
new text end

new text begin (4) the gender of the driver;
new text end

new text begin (5) the age of the driver; and
new text end

new text begin (6) any enforcement action taken, including, but not limited to, any citation or warning
issued.
new text end

new text begin (c) Unless otherwise provided by law, rule, or policy of the Minnesota State Patrol, the
data identified in paragraph (b) must be collected through December 31, 2019.
new text end

new text begin (d) The data collected in paragraph (b) are the minimum that must be collected. Nothing
in this section prohibits the Minnesota State Patrol from voluntarily collecting additional
data elements. If additional data are collected and transmitted to the commissioner of public
safety, the data are classified as provided in subdivision 6.
new text end

new text begin (e) The commissioner of public safety may request other relevant data from the Minnesota
State Patrol and from other law enforcement agencies. Law enforcement agencies that decide
to participate in the study shall, to the extent practicable, follow the procedures set forth by
this section.
new text end

new text begin (f) Nothing in this section requires the use of an external vendor to collect or administer
data.
new text end

new text begin Subd. 3. new text end

new text begin Submission of data to commissioner. new text end

new text begin The commissioner of public safety shall
determine the method that must be used and the frequency with which the Minnesota State
Patrol shall submit the data described in subdivision 2, paragraph (a).
new text end

new text begin Subd. 4. new text end

new text begin Method of data collection. new text end

new text begin Unless otherwise provided by law, rule, or policy
of the Minnesota State Patrol, members of the Minnesota State Patrol shall rely on their
own observation to identify the race, ethnicity, and gender of a driver. All other data shall
be collected as provided by law, rule, or policy of the Minnesota State Patrol.
new text end

new text begin Subd. 5. new text end

new text begin Report. new text end

new text begin By February 15, 2020, the commissioner of public safety shall report
to the chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over transportation and criminal justice policy on the data collected by the study.
Summary data must be aggregated by month and county. Summary data must be
disaggregated by race and ethnicity; gender; age; and the disposition of the stop.
new text end

new text begin Subd. 6. new text end

new text begin Classification of data. new text end

new text begin Data collected pursuant to this section are private data
on individuals or nonpublic data as defined in Minnesota Statutes, section 13.02. This
subdivision does not affect the classification of the same data collected for other law
enforcement purposes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end