Signed by Governor Dennis Daugaard

Vote Smart's Synopsis:

Vote to adopt a conference report that prohibits texting while driving on a highway.

Highlights:

• Prohibits an individual from operating a motor vehicle on a highway while using a handheld “electronic wireless communication device” to read, write, or send a text-based communication, except in any of the following circumstances (Sec. 1):
• The individual has the vehicle lawfully parked;
• The individual is using the device to contact any emergency public safety dispatch center;
• The individual is using the device to read, write, select, or enter a telephone number or name to make or receive a call; or
• The individual is using the device’s “voice operated or hands free technology” to read, write, send, or listen to a text-based communication.

• Defines “electronic wireless communication device” as a mobile communication device that uses radio or satellite transmissions between the device and a telecommunications network (Sec. 2).

• Requires a state or local law enforcement agency to enforce the provisions of this bill as a secondary action, and classifies a violation of this bill as a petty offense with a fine of up to $100 (Sec. 1).

• Prohibits a law enforcement officer from seizing any wireless communication device used in violation of this bill, except under the compliance of normal search and seizure laws (Sec. 4).

• Requires a plaintiff to be granted a judgment award of $100, if the plaintiff prevails in a petty offense case under the provisions of this bill (Sec. 5).

• Authorizes the trial court to reduce or eliminate the judgment award in the “interest of justice” (Sec. 5).

Full Bill Text

Vote Smart's Synopsis:

Vote to adopt a conference report that prohibits texting while driving on a highway.

Highlights:

• Prohibits an individual from operating a motor vehicle on a highway while using a handheld “electronic wireless communication device” to read, write, or send a text-based communication, except in any of the following circumstances (Sec. 1):
• The individual has the vehicle lawfully parked;
• The individual is using the device to contact any emergency public safety dispatch center;
• The individual is using the device to read, write, select, or enter a telephone number or name to make or receive a call; or
• The individual is using the device’s “voice operated or hands free technology” to read, write, send, or listen to a text-based communication.

• Defines “electronic wireless communication device” as a mobile communication device that uses radio or satellite transmissions between the device and a telecommunications network (Sec. 2).

• Requires a state or local law enforcement agency to enforce the provisions of this bill as a secondary action, and classifies a violation of this bill as a petty offense with a fine of up to $100 (Sec. 1).

• Prohibits a law enforcement officer from seizing any wireless communication device used in violation of this bill, except under the compliance of normal search and seizure laws (Sec. 4).

• Requires a plaintiff to be granted a judgment award of $100, if the plaintiff prevails in a petty offense case under the provisions of this bill (Sec. 5).

• Authorizes the trial court to reduce or eliminate the judgment award in the “interest of justice” (Sec. 5).

Full Bill Text