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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.