South Dakota: Cell phone laws, legislation

Cell phone/texting news: Distracted driving legislation boosters Sens. Eldon Nygaard and Craig Tieszen are meeting with similarly minded lawmakers to determine a course of action for 2012, Nygaard told HandsFreeInfo on Jan. 5.

Distracted drivers in South Dakota got the blame for 883 crashes in 2011, preliminary numbers show. Another 134 accidents were tied specifically to cell phone use.

South Dakota Democrats in the Legislature are heavily in favor of a ban on texting and driving but the majority Republicans remain mostly opposed, according to an AP survey. Both of 2011′s failed texting bills were filed by GOP senators, who plan to return with distracted driving legislation in 2012.

Current prohibitions:
No restrictions on cell phone use or text messaging.

Distracted driving notes (2012):
State Sen. Eldon Nygaard says the texting bill SB 71 failed in 2011 because of a lack of organized support in the House. “That won’t be the case this year,” said Nygaard, a co-sponsor of the texting bill.

“Perhaps we didn’t go far enough (with the texting bill),” Nygaard, R-Vermillion, told the Argus Leader. “Maybe we should talk about banning all hand-held cell phone use while driving.”

A highway safety group rated South Dakota’s traffic laws the worst in the country. The lack of distracted driving laws contributed to the state’s “red” rating from the Advocates for Highway and Auto Safety. Arizona had the second-worst rating.

2011 legislation:
Senate Bill 71: Would outlaw text messaging while driving unless a hands-free application were employed. Fines up to $500 and possibility of jail time. The Senate Judiciary Committee voted 6-1 on Feb. 8 to approve the bill and send it to the floor for a vote. Approved by the Senate in a 26-9 vote on Jan. 10 and sent to the House. Latest action: Killed March 1 by the House Local Government committee, which voted 8-5 to set aside the distracted driving legislation. (Tieszen)

SB 115: Would outlaw text messaging while driving unless a hands-free application was used. Applies to other electronic messages such as email and IMs. Sponsor had measure deferred Feb. 8 for a rewrite. Senate Judiciary Committee voted Feb. 10 to set aside the legislation. (Adelstein)

2011 distracted driving notes:
The Senate voted Feb. 10 to outlaw text messaging while driving, but three weeks later Sen. Craig Tieszen’s bill went down to defeat via a House committee. The bill called for fines up to $500 and jail time of up to 30 days.

The South Dakota House Local Government committee wasn’t swayed by testimony from (Miss South Dakota) Loren Vaillancourt and nine other people testifying in favor of Senate Bill 71, which would have banned texting while driving. House opponents cited the usual list of other distracted driving behaviors (plus “swatting a bug”) and expressed concerns over enforcement because cell phone keyboards would be used to make calls. The March 1 committee vote was 8-5.

Miss South Dakota Loren Vaillancourt testified Feb. 8 in favor of Sen. Craig Tieszen’s bill that would ban texting while driving. “I hope you understand the magnitude of this issue and the lives that could be saved if this bill is passed,” an emotional Vaillancourt told the Senate Judiciary Committee, which promptly approved the measure. Two days later, it was approved by the Senate and sent to the House. Vaillancourt lost her brother in a May 2009 crash blamed on a distracted driver.

Senate Bill 71 sponsor Rep. Tieszen, a Republican from Rapid City, is that city’s retired police chief. He chairs the Senate Judiciary Committee, which approved SB 71.

Sen. Stan Adelstein, R-Rapid City, indicated Feb. 8 that his texting and driving measure SB 115 will be rewritten as a broader distracted driving plan since SB 71 has cleared the Senate. (Adelstein)

Only a third of the majority Republican legislators back a statewide ban on text messaging while driving in South Dakota, an AP survey shows. Three-quarters of Democrats are in favor of such a law, an AP survey taken in December 2010 showed.

Several opponents of distracted driving legislation are reconsidering in 2011, a Senate sponsor says. “Texting is the proverbial lowest-hanging fruit,” Sen. Tieszen said of his distracted driving measure. “I believe it is the most dangerous of the various driving distractions.”

House Democratic Leader Bernie Hunhoff expects support to grow for a texting ban as the legislative session progresses. “(Legislators) move toward the commonsense reality that if we can save some lives with a simple law, then it probably makes sense,” he told the AP in January. About a fifth of the Republicans remained undecided, the AP’s survey showed.

The Daily Republic came out in favor of a texting and driving law: “Even if a ban averts one tragic accident, it was worth it,” the newspaper editorialized Jan. 11. “Texting while behind the wheel should be a crime.”

Miss South Dakota Loren Vaillancourt made distracted driving her “platform” (cause) for the 2011 Miss America pageant. Vaillancourt didn’t win, but drew praise from DOT chief Ray La Hood, who blogged that she “has done a terrific job raising awareness among young people in South Dakota.” She helped get a texting and driving bill through a Senate panel in February (above).

Based on its survey, the University of South Dakota Government Research Bureau says almost 92 percent of drivers in the state believe texting while behind the wheel should be banned.

2010 legislation:
HB 1133: For drivers under 18 with restricted licenses, the bill would outlaw use of cell phones and other wireless communications devices. Exempts GPS. Cleared the Health and Human Services Committee on Feb. 1, 2010. Failed to advance and dead. (Cutler)

HB 1178: Would outlaw text messaging by any driver. Defeated in a full House vote (32-37) on Feb. 17. Sponsor asked for reconsideration, which was denied in another vote the next day. (Nygaard)

2010 legislation notes:
State Rep. Joni Cutler, R-Sioux Falls, and state Sen. Pam Merchant, D-Brookings, were chief sponsors of House Bill 1133, which sought to keep handheld electronic devices out of the hands of young drivers. It failed to advance to the House floor, but Cutler says she may be back for another try.

South Dakota started running a TV ad about distracted driving in summer 2010. Cutler said the PSA could help build support for future legislation.

Heard during debate on HB 1178: “If we don’t take this action we lack compassion for those who have to pick up the pieces from these horrendous accidents,” said Rep. Gerald Lang, D-Madison.

Rep. Todd Schlekeway, R-Sioux Falls, on the defeat of a text messaging ban: “We have a libertarian streak in South Dakota. We kind of look down on these things.”

The Press & Dakotan editorialized July 20: “With Nebraska and Iowa both instituting texting laws this month, there is little reason for South Dakota not to follow suit and implement its own law. … South Dakota is now one of just 12 states that have failed to address the matter.”

2009 distracted driving notes:
Rep. Eldon Nygaard, D-Vermillion, was the sponsor of HB 1125, the anti-texting legislation that was considered in the 2009 session.

Rapid City briefly considered limits on cell-phoning drivers, but noted that any legislation should come from the state level.

2009 legislation:
HB 1125: Would have outlawed text messaging by all drivers. Specified use of cell phones for texting. The House State Affairs Committee shot down this texting-and-driving legislation in an 8-4 vote on Feb. 19, 2009.