South Dakota: Cell phone laws, legislation

Cell phone/texting news: The House voted Feb. 17, 2010, against a plan to ban text messaging while driving. In 2009, a ban on test messaging also was defeated.

Current prohibitions:
No restrictions on cell phone use.

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. (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:
Rep. Joni Cutler, R-Sioux Falls, and Sen. Pam Merchant, D-Brookings, are the chief sponsors of HB 1133. Merchant plans to have her 12-year-old son testify as to the pervasive use of wireless devices by teenagers.

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.”

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.

Legislation 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.