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cause it would set a "very low standard" compared with the texting bans now in place in some cities.
• "If this bill passes, we'll give them a ban, but it will be less of a ban than they have now. It will water it down quite a bit," Allender told the committee.
• Gosch's bill would make it a petty offense, carrying a $25 fine, to drive while using a hand-held device to write, send or read text-based messages. However, drivers could still use cellphones to talk and could text with devices using voice-operated or hands-free technology. Law enforcement officers could issue tickets for texting while driving only after they had first stopped drivers for some other traffic violation.
• The measure also would provide that only the Legislature can regulate distracted driving and cellphone use in vehicles.
• Gosch said state law since 1929 has prevented local governments from passing measures that differ from the state's rules of the road. That means texting bans passed by Huron, Brookings, Mitchell, Sioux Falls, Aberdeen and Pennington County likely would be struck down if challenged in court, he said.
• Allender said he and other local government officials believe cities and counties have the authority to pass traffic measures that differ from state law.
• Yvonne Taylor, executive director of the South Dakota Municipal League, said city officials believe such local ordinances are legal. She said local texting bans should be allowed to stand if the state doesn't pass an equally strong ban. However, she said she needs to check with city officials to get their reaction to Gosch's changed bill.
• Gosch said discussion of a texting ban is difficult because supporters and opponents are emotional in their beliefs.
• "As you discuss this issue with people who are so passionate about it, they are not objective. They are not sane half the time. You can't have an intellectual conversation with them," Gosch said.
• The Governor's Highway Safety Association recommends that all states ban the use of hand-held cellphones while driving, but an association study also found there is no evidence that bans on cellphones or texting have reduced crashes.
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