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 follows:

    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 follows:

    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 follows:

    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.