© 2025 SDPB Radio
Play Live Radio
Next Up:
0:00
0:00
0:00 0:00
Available On Air Stations
News
Statehouse
SDPB Radio Coverage of the South Dakota Legislature. See all coverage and find links to audio and video streams live from the Capitol at www.sdpb.org/statehouse

Senators Amend, Pass House Version of Texting While Driving Ban

For the first time in four years, the House of Representatives passed a state-wide texting while driving ban over to the Senate. In response to the lack of a state ban, many municipalities have taken up their own. Legislators are still debating the best way to implement a state-wide ban.

There were originally different versions of a state-wide ban in each chamber. The Senate version was killed by a House committee last week, but House Bill 1177 made it to the full Senate. The House measure makes texting while driving a secondary offense, and has a $25 fine attached. Proponents say the secondary offense has worked well with the seat-belt requirement and expect the same results with a texting ban.
 
But Senators approved an amendment on the floor that changes it to a primary offense and Class 2 misdemeanor. Supporters of the amendment say it makes the state law more similar to what cities have already passed. Senator Chuck Welke speaks in favor of the amendment.
 
“I have a problem with comparing this to the seatbelt law. A decision to not wear the seatbelt puts you at risk, but the decision to text and drive puts other people at risk. It’s a much more serious crime, I hope most everybody would agree with that. I agree with the concerns about going over to the other House, but I guess I think what our choice really is, is do we want a good local law, or a bad state law,” Welke says.
 
Opponents to the amendment say it’s unlikely the House will pass this version, considering how long it’s taken the chamber to pass a state-wide ban at all. House Bill 1177 as amended passes the Senate 22 to 13 and now heads to the House for approval of the changes.