1.1 	A bill for an act
1.2 	relating to traffic regulations; requiring that mobile
1.3 	telephones used in motor vehicles be hands-free;
1.4 	providing a defense; proposing coding for new law in
1.5 	Minnesota Statutes, chapter 169.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. [169.472] USE OF MOBILE TELEPHONES.
1.8 		Subdivision 1.Definitions. For purposes of this section:
1.9 	(a) "Mobile telephone" means a cellular, analog, wireless,
1.10 	or digital telephone capable of sending or receiving telephone
1.11 	messages without an access line for service.
1.12 	(b) "Hands-free device" means an attachment, add-on, or
1.13 	addition to a mobile telephone, whether or not permanently
1.14 	installed in a motor vehicle, that when used allows the vehicle
1.15 	operator to maintain both hands on the steering wheel.
1.16 	(c) "Use" means talking or listening on a mobile telephone.
1.17 		Subd. 2.Prohibition. No person may engage in the use of
1.18 	a mobile telephone while operating a motor vehicle while the
1.19 	motor vehicle is in motion unless the mobile telephone is
1.20 	equipped and used with a hands-free device.  A peace officer may
1.21 	not issue a citation for a violation of this subdivision unless
1.22 	the officer lawfully stopped or detained the driver of the motor
1.23 	vehicle for another moving violation other than a violation
1.24 	involving motor vehicle equipment.
1.25 		Subd. 3.Defense. It is an affirmative defense against a
2.1 	charge of violating subdivision 2 for a person to produce
2.2 	evidence that the mobile telephone was used for the purpose of
2.3 	contacting the following in response to an emergency:
2.4 	(1) a 911 or other emergency telephone number;
2.5 	(2) a hospital, clinic, or doctor's office;
2.6 	(3) an ambulance service provider;
2.7 	(4) a fire department or law enforcement agency; or 
2.8 	(5) a first aid squad.