HB 1010

 26.516.10  101st Legislative Session  1010
                                        2026 South Dakota Legislature
                                                House Bill 1010
                                              HOUSE TRANSPORTATION ENGROSSED
 Introduced by: Representative Shorma
1 An Act to modify requirements regarding the use of a mobile electronic device while
2operating a motor vehicle.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
4 Section 1. That § 32-26-47.1 be AMENDED:
532-26-47.1. No person may operate a motor vehicle while using a mobile
6    electronic device. A violation of this section is a Class 2 misdemeanor.
7This section does not apply to:
8    (1)      A law enforcement officer, firefighter, emergency medical technician, paramedic,
9operator of an authorized emergency vehicle, or similarly engaged paid or
10volunteer public safety first responder during the performance of that person's
11official duties, and a public utility employee or contractor acting within the scope
12of that person's employment;
13    (2)      The use of a mobile electronic device for emergency the following purposes,
14including:
15(a)    Using a text messaging device to contact a 911 system,;
16(b)    Placing an emergency call to a law enforcement agency, health care
17provider, fire department, or other emergency services agency or entity, or
18to report;
19(c)    Reporting to appropriate authorities a fire, traffic accident, serious road
20hazard, or medical or hazardous materials emergency, or to report;
21(d)    Reporting the operator of another motor vehicle who is driving in a reckless
22or otherwise unsafe manner, or who appears to be driving under the
23influence of alcohol or drugs, or to report; or
24(e)    Reporting a crime;
25    (3)      The use of a global positioning or navigation system feature of a mobile electronic
26device, but does apply to provided the operator of the motor vehicle is not manually
                                                                                 Underscores indicate new language.
                                                                               Overstrikes indicate deleted language.
 26.516.10  2  1010
1entering information into the global positioning or navigation system feature of the
2device; or
3    (4)      Reading, selecting, or entering a telephone number or name in a mobile electronic
4device for the purpose of making or receiving a telephone call and using the device
5for the call, or if a person otherwise activates or deactivates a feature or function
6of a mobile electronic device; or
7    (5)      The use of a mobile electronic device in a voice-operated or hands-free mode if the
8operator of the motor vehicle does not use the operator's hands to operate the
9device, except to tap or in some other manner, activate or deactivate a feature or
10function of the device.
                                                                                Underscores indicate new language.
                                                                              Overstrikes indicate deleted language.