Printer FriendlySB 71 prohibit the use of certain handheld electronic wireless devices...
State of South Dakota
LEGISLATIVE ASSEMBLY, 2011
SENATE BILL NO. 71
Introduced by: Senators Tieszen, Lederman, Nygaard, and Vehle and Representatives Bolin,
Conzet, Jones, Romkema, Stricherz, White, and Willadsen
FOR AN ACT ENTITLED, An Act to prohibit the use of certain handheld electronic wireless
devices for electronic messaging while driving.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 32-26 be amended by adding thereto a NEW SECTION to read as
No person may operate a motor vehicle on a highway while using a handheld electronic
wireless communication device to write, send, or read a text-based communication. This section
does not apply to a person who is using a handheld electronic wireless communication device:
(1) While the vehicle is lawfully parked;
(2) To contact an emergency response vehicle;
(3) To write, read, select, or enter a telephone number or name in an electronic wireless
communications device for the purpose of making or receiving a telephone call; or
(4) When using voice operated or hands free technology.
Any person who operates a motor vehicle in violation of this section is guilty of a Class 2
Section 2. Terms used in this Act mean:
(1) "Electronic wireless communication device," a mobile communication device that
uses short-wave analog or digital radio transmissions or satellite transmissions
between the device and a transmitter to permit wireless telephone communications
to and from the user of the device within a specified area;
(2) "Emergency response vehicle," any ambulance, fire department, law enforcement, or
civil defense vehicle, or other vehicle used primarily for emergency purposes;
(3) "Voice operated or hands free technology," technology that allows a user to write,
send, or read a text-based communication without the use of either hand except to
activate, deactivate, or initiate a feature or function; and
(4) "Write, send, or read a text-based communication," using an electronic wireless
communications device to manually communicate with any person using text-based
communication including communications referred to as a text message, instant
message, or electronic mail.