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Minnesota Legislature

Office of the Revisor of Statutes

HF 50

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/25/2019 03:43pm

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

Current Version - 1st Engrossment

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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;
appropriating money;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; APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin $250,000 in fiscal year 2020 is appropriated from the
general fund to the commissioner of public safety for a grant to a qualified research
organization to conduct a study of traffic stops in Minnesota consistent with the requirements
in subdivision 2 and provide a report to the legislature. This is a onetime appropriation.
new text end

new text begin Subd. 2. new text end

new text begin Study requirements. new text end

new text begin (a) The grant recipient shall conduct a study to determine
what impact, if any, changes in traffic laws since 2003 have had on traffic stops in Minnesota
including whether changes resulted in a disproportionate impact in any geographic area or
on any demographic group.
new text end

new text begin (b) The study shall identify significant changes in traffic law enacted since 2003 including,
but not limited to:
new text end

new text begin (1) the adoption of Minnesota Statutes, section 169.475;
new text end

new text begin (2) amendments to Minnesota Statutes, section 169.475, effective August 1, 2019;
new text end

new text begin (3) changes to Minnesota Statutes, section 169.686, enacted pursuant to Laws 2009,
chapter 165, section 2; and
new text end

new text begin (4) changes to Minnesota Statutes, section 169A.20, enacted pursuant to Laws 2004,
chapter 283, section 3.
new text end

new text begin (c) The grant recipient shall coordinate with local law enforcement agencies and the
Minnesota State Patrol to obtain and collect relevant data on traffic stops. Data shall be
collected as provided by law, rule, or policy of the law enforcement agency. Nothing in this
section requires any law enforcement agency to collect additional data.
new text end

new text begin (d) The grant recipient shall analyze the data obtained or collected based on factors
including, but not limited to, the geographic area in which the stop took place and
demographic information of the driver.
new text end

new text begin (e) To the extent possible, the study shall compare data obtained and collected under
paragraph (c) with data collected pursuant to Laws 2001, First Special Session chapter 8,
article 7, section 6.
new text end

new text begin (f) The grant recipient shall coordinate with the commissioner of public safety and law
enforcement agencies to ensure the confidentiality of data obtained or collected.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin By February 15, 2021, the grant recipient must provide a report to the
commissioner of public safety and the chairs and ranking minority members of the legislative
committees and divisions with jurisdiction over transportation and criminal justice policy
on the results of the study.
new text end