HB 1010 South Dakota House · 2026 Regular Session

modify requirements regarding the use of a mobile electronic device while operating a motor vehicle.

HB 1010 modifies South Dakota's law banning mobile device use while driving by adding specific exceptions to the existing prohibition. It allows hands-free navigation (without manual entry), limited phone call functions (like dialing or answering), emergency communications (911 calls, reporting accidents/crimes), and handheld device use while operating agricultural equipment under 25 mph (excluding trucks). The law directly affects all drivers in South Dakota, with exemptions for first responders during emergencies and specific scenarios like navigation or agricultural work. Violations remain Class 2 misdemeanors, but the bill clarifies permitted uses to reduce unintended penalties.
Bill status passed 2 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
House Failed
Feb 2026
Governor
Introduced Jan 13, 2026 Last action Feb 18, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced House Transportation Engrossed · 5 edits · Feb 13, 2026
MODERATE
This bill amends South Dakota's mobile electronic device use law to clarify exemptions for emergency situations and navigation systems. The changes expand when drivers can legally use their phones while driving, particularly for reporting emergencies and using GPS features, while maintaining restrictions on manual data entry.
Scope change
The bill modifies the scope of the mobile device prohibition by adding specific exceptions for emergency communications and navigation system use, making the law more nuanced about when phone use is permitted.
REQUIREMENT

Added specific emergency exceptions allowing text messaging to 911 systems and placing emergency calls to law enforcement, healthcare, fire departments, or other emergency services.

Added exceptions for reporting fires, traffic accidents, road hazards, medical emergencies, hazardous materials incidents, reckless driving, impaired driving, and crimes to authorities.

Modified the navigation system exception to clarify that using GPS features is allowed, but manually entering information into the device is still prohibited.

Added an exception for reading, selecting, or entering phone numbers to make or receive calls, plus activating or deactivating device features.

Added an exception for voice-operated or hands-free device use when the driver's hands are not used to operate the device, except for tapping or activating features.

Floor votes · House Feb 18, 2026

How they voted

2146
Failed · 3 other
Total votes 70
Feb 18, 2026
D Democratic5
5 Nay
100% Nay
R Republican65
21 Yea 41 Nay 3
63% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
10
Key actions
3
Committee
2
Amendments
1
Feb 18, 2026
Lower · Passed
House of Representatives Do Pass Amended , Passed, YEAS 21, NAYS 46 H.J. 358
lower
Feb 18, 2026
Vote failed
House Vote: fail (21-46-3)
house
Feb 12, 2026
Lower · Passed
Transportation Do Pass Amended , Passed, YEAS 8, NAYS 2
lower
Feb 12, 2026
Introduced
Transportation Motion to amend , Passed, Amendment 1010A
lower
Feb 3, 2026
Lower · Passed
Transportation Deferred to another day , Passed, H.J. 11
lower
Jan 13, 2026
Introduced
First read in House and referred to House Transportation H.J. 15
lower
2 primary · 0 co-sponsors

Sponsors