South Dakota: Cell phone laws, legislation

Cell phone/texting news: The House rejected a plan to ban text messaging while driving in February. Another 2010 bill that would have barred young drivers from using mobile electronic devices failed as well.

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

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.”

South Dakota lawmakers are back in session Jan. 11, 2011.

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.