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Minnesota Legislature

Office of the Revisor of Statutes

HF 50

2nd Engrossment - 91st Legislature (2019 - 2020) Posted on 05/06/2019 11:47am

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

Bill Text Versions

Engrossments
Introduction Posted on 01/14/2019
1st Engrossment Posted on 03/11/2019
2nd Engrossment Posted on 04/12/2019
Unofficial Engrossments
1st Unofficial Engrossment Posted on 03/25/2019
Division Engrossments
1st Division Engrossment Posted on 01/28/2019
2nd Division Engrossment Posted on 02/27/2019
3rd Division Engrossment Posted on 03/07/2019
Conference Committee Reports
CCR-HF0050 Posted on 04/08/2019

Current Version - 2nd Engrossment

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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 new text beginor feature new text endthat is
permanently deleted text beginaffixed todeleted text endnew text begin physically integrated intonew text end the vehicledeleted text begin, ordeleted text endnew text begin; (2) new text enda global positioning
system or navigation system deleted text beginwhen the system is used exclusivelydeleted text end new text beginthat is only capable of
being used
new text endfor 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
regulations
new 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 video content, including through video calling; transmitted gaming data; 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 calldeleted text begin,deleted text endnew text begin; data transmitted between a motor vehicle and a wireless
communications device located in the vehicle; data transmitted by a two-way radio, citizens
band radio, or amateur radio used in accordance with Federal Communications Commission
rules and regulations;
new text end or data transmitted automatically deleted text beginby a wireless communications devicedeleted text end
without direct initiation by a person.

new text begin (c) "Voice-activated or hands-free mode" means an attachment, accessory, wirelessly
paired or tethered capability, application, wireless connection, or built-in feature of a wireless
communications device or a motor vehicle that allows the person to use verbal or single
touch commands to:
new text end

new text begin (1) activate or deactivate the device; and
new text end

new text begin (2) activate or deactivate a function or software application of the device.
new text end

new text begin Voice-activated or hands-free mode does not include typing or scrolling on a device.
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

Subd. 2.

Prohibition on use; penalty.

(a) deleted text beginNodeleted text end new text beginExcept as provided in subdivision 3, when
a motor vehicle is in motion or a part of traffic, the
new text endperson deleted text beginmay operate a motordeleted text endnew text begin operating
the
new text end vehicle deleted text beginwhiledeleted text end new text beginupon a street or highway is prohibited from new text endusing a wireless
communications device to deleted text begincompose, read, or senddeleted text endnew text begin:
new text end

new text begin (1) initiate, compose, send, retrieve, or readnew text end an electronic messagedeleted text begin, when the vehicle is
in motion or a part of traffic
deleted text endnew text begin;
new text end

new text begin (2) engage in a cellular phone call, including initiating a call, talking or listening, and
participating in video calling; and
new text end

new text begin (3) access the following types of content stored on the device: video content, audio
content, images, games, or software applications
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
Council
deleted text endnew text begin $275new text end.

Subd. 3.

Exceptions.

deleted text beginThis section doesdeleted text end new text begin(a) The prohibitions in subdivision 2 do new text endnot
apply if new text begina person uses new text enda wireless communications device deleted text beginis useddeleted text end:

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

(2) deleted text beginfor making a cellular phone calldeleted text endnew text begin to view or operate a global positioning system or
navigation system in a manner that does not require the driver to type while the vehicle is
in motion or a part of traffic, provided that the person does not hold the device with one or
both hands
new text end;

new text begin (3) to listen to audio-based content in a manner that does not require the driver to scroll
or type while the vehicle is in motion or a part of traffic, provided that the person does not
hold the device with one or both hands;
new text end

deleted text begin (3) for obtainingdeleted text endnew text begin (4) 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 (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 endnew text begin (6)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, accessing gaming
data, or reading electronic messages.
new text end

Sec. 3. new text beginEFFECTIVE 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