South Dakota is a step closer to having a state-wide texting while driving ban. Both chambers of the legislature have their own versions of the bill, but they share similarities. Members of Senate Transportation passed Senate Bill 179 out of committee Wednesday morning.
Senate Bill 179 makes using a wireless, handheld device for text-based communication a secondary offense. That means law enforcement cannot stop a driver for texting and driving alone, but the driver must also be breaking a primary offense law such as speeding. The bill makes texting while driving a petty offense, but ups the fine to $100. Senator Mike Vehle is the prime sponsor. He says until a ban is put into law, people will continue to text and drive.
“It’s not about tickets, it’s not about fines. It’s about a change in culture—don’t text and drive. We did it with seatbelts, we did it with drinking. When I was a kid, no one ever heard of a designated driver. How do you make a culture shift? You gotta change the law, then we’ll see a culture shift. What do the kids say in the backseat? ‘Mom, dad, fasten your seatbelt.’ Now what’ll they say? ‘Mom, dad, shouldn’t be texting, you shouldn’t be texting.’ Yeah, darn it, the kid’s right,” Vehle says.
The proposal allows exemptions, such as contacting emergency officials or texting while pulled over on the side of the road. Senator David Omdahl is the only committee member to vote against the legislation. He says he’s against token laws and thinks there should be harsher penalties to actually change the culture.
Senate Bill 179 now moves to the full Senate for consideration. The bill’s House counterpart, House Bill 1177, has already made it through its original chamber. Senator Vehle says the major differences between the two are the cost of fines, and the Senate version allows municipalities to determine harsher laws than the state.