State of South Dakota
LEGISLATIVE ASSEMBLY, 2018
||HOUSE BILL NO. 1230 |
Introduced by: Representatives Hawley, Ahlers, Barthel, Bartling, Bordeaux, Kettwig, Lesmeister, McCleerey, Otten (Herman), Reed, Ring, Rozum, Smith, Wismer, and York and Senators Tidemann, Kennedy, and Rusch
FOR AN ACT ENTITLED, An Act to provide for the primary enforcement of the law prohibiting certain electronic communications while operating a motor vehicle and to revise the penalty for a violation of that law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-26-47 be amended to read:
32-26-47. 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 any emergency public safety answering point or dispatch center;
(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.
State or local law enforcement agencies shall enforce this section as a secondary action.
A violation of this section is a
petty offense with a fine of one hundred dollars Class 2 misdemeanor