Printer FriendlySB 115 prohibit the use of certain wireless communication devices whil...
State of South Dakota
LEGISLATIVE ASSEMBLY, 2011
SENATE BILL NO. 115
Introduced by: Senators Adelstein and Lederman and Representatives Feinstein, Kopp, and
FOR AN ACT ENTITLED, An Act to prohibit the use of certain wireless communication
devices 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
For purposes of this the term, electronic message, means a self-contained piece of digital
communication that is designed or intended to be transmitted between physical devices. An
electronic message includes e-mail, a text message, an instant message, a command or request
to access an internet page, or other data that uses a commonly recognized electronic
communications protocol. An electronic message does not include voice or other data
transmitted as a result of making a phone call, or data transmitted automatically by a wireless
communications device without direct initiation by a person.
Section 2. That chapter 32-26 be amended by adding thereto a NEW SECTION to read as
No person may operate a motor vehicle while using a wireless communications device to
compose, read, or send an electronic message, when the vehicle is in motion or a part of traffic.
A violation of this section is a Class 2 misdemeanor.
Section 3. That chapter 32-26 be amended by adding thereto a NEW SECTION to read as
This Act does not apply if a wireless communications device is used:
(1) Solely in a voice-activated or other hands-free mode;
(2) For making a cellular phone call;
(3) For obtaining emergency assistance to report a traffic accident, medical emergency,
or serious traffic hazard, or to prevent a crime about to be committed;
(4) In the reasonable belief that a person's life or safety is in immediate danger; or
(5) In an authorized emergency vehicle while in the performance of official duties.