Section of SD texting bill could hamstring municipalities - KOTA Territory News

Section of SD texting bill could hamstring municipalities


It's been shot down by South Dakota legislators four years in a row. Now, a texting and driving bill is finally gaining some traction in the legislature.
Senate bill 142, a ban on the use of certain handheld electronic wireless communication while driving, passed through the transportation committee last week 5 to 2.

The bill specifically indicates the use of wireless devices to write, send or read a communication is prohibited.

But one section of the bill prohibits municipalities from adopting an ordinance "in variance" with the bill.

"If you're in an aldermanic form of government, we have to follow state government, if you're home charter, you don't have to follow state law. That gives a little leeway for some of these communities if they don't want these laws," said John Roberts, Ward 4 Alderman.

The bill not apply to anyone trying to write, read, select or enter a telephone number for the purpose of making a call.

Senate bill 142 now heads to the full senate.

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