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State of South Dakota
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EIGHTY-FIFTH SESSION LEGISLATIVE ASSEMBLY, 2010 |
| 833R0503 | HOUSE BILL NO. 1178 |
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Introduced by: Representatives Nygaard, Blake, Bolin, Conzet, Engels, Lucas, Olson (Betty),
Sly, Solberg, Turbiville, and Wink and Senators Tieszen, Abdallah,
Merchant, Miles, Nelson, Nesselhuf, Schmidt, and Vehle
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FOR AN ACT ENTITLED, An Act to prohibit the use of certain wireless communications
devices while driving.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 32-24 be amended by adding thereto a NEW SECTION to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 32-24 be amended by adding thereto a NEW SECTION to read as follows:
For the purposes of this Act, the term, wireless communications device, means a hand-held
cellular phone or a portable electronic device that is capable of receiving and transmitting data,
including text messages and e-mail. The term does not include a device that is permanently
affixed to the vehicle, or a global positioning system or navigation system, if the system is used
exclusively for navigation purposes.
Section 2. That chapter 32-24 be amended by adding thereto a NEW SECTION to read as follows:
Section 2. That chapter 32-24 be amended by adding thereto a NEW SECTION to read as follows:
No person may operate a motor vehicle upon a highway while the person is using a wireless
communications device to compose, read, or send an electronic message. A person who violates
this section is guilty of careless driving with a wireless communications device. Careless driving
with a wireless communications device is a Class 2 misdemeanor.
Section 3. That chapter 32-24 be amended by adding thereto a NEW SECTION to read as
follows:
The provisions of this Act do not apply to any person operating an authorized emergency
vehicle as defined in § 32-14-1.
