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