#steve allender

A legislative committee voted on Wednesday to ban texting while driving in South Dakota — but also to override stronger local bans in cities like Sioux Falls.

The proposal, sponsored by House Speaker Brian Gosch, was one of two competing texting bans moving through the South Dakota Legislature. Compared to a version sponsored by Sen. Mike Vehle, Gosch's version has a smaller $25 fine and specifically overrides any local texting bans.

Gosch said the state should have the same driving laws everywhere, not different laws in different cities.

"It makes sense with a state like ours that has as its number two industry tourism, as people travel into this state... they need to know that the rules of the road are going to be the same wherever they go," Gosch said.

On Wednesday, Gosch's bill divided traditional supporters of texting bans. Some, such as the South Dakota Trucking Association and the state medical association, said they support any texting ban, even if they might prefer a strong version.

"We don't care how you do it, just get it done this year," said Bob Miller, a lobbyist for the Dakota Transit Association, told lawmakers.

But the state's cities and police chiefs were "vehemently" opposed.

Steve Allender, Rapid City's police chief, said a strong texting ban would include a larger fine than $25 and crucially would allow police to pull someone over for texting. Under Gosch's proposal, police can't pull drivers over for texting, though they can issue an add-on ticket if they pull someone over for another violation. Vehle's bill, in a concession, also doesn't allow police to stop vehicles for texting, but it leaves in place local bans that do.

"This bill is nothing but a resolution asking the people to stop texting," Allender said.

But Sen. Larry Rhoden, R-Union Center, reminded supporters of a stronger texting ban of the arguments they had used to persuade him in years past: that South Dakotans are law-abiding and most will stop texting and driving just because it's illegal, not because of the penalty.

For a number of years, South Dakota's Senate has supported a texting ban, only to see it die in the House — with opposition led by Gosch. This year Gosch switched from opposition to supporting a weaker texting ban that overrides local ordinances.

Gosch's bill passed the Senate State Affairs Committee 5-4 Wednesday morning, with Sen. Jason Frerichs, D-Wilmot, casting the deciding vote. It now heads to the full Senate.

Vehle's alternative texting ban bill previously passed the Senate and is scheduled for a hearing before the House Transportation Committee Thursday.

A longtime crusader for a texting ban, Vehle said he doesn't know whether South Dakota would be better off with Gosch's bill or nothing.

"You're going to have (a ban in) the whole state then," Vehle said. "But you would be taking away the stronger ban in the communities. That's a tough call as to say whether that's a win or a loss."

Police logs should be open records, a Senate committee said Tuesday.

Those collections of calls for service to local law enforcement can be released to the public right now — but at the discretion of law enforcement.

Under a measure backed by both the news media and law enforcement, the law saying police "may" release logs will be updated to say they "shall" do so.

It contains exceptions allowing police to withhold information relevant to sensitive information, as well as calls related to mental health issues.

"Taxpayers have a right to know the kind of work that their law enforcement community is doing," said Sen. Craig Tieszen, R-Rapid City and a former Rapid City police chief. "That's what this bill seeks to protect."

Most police departments, including those in Sioux Falls and Rapid City, already release regular police logs to the public. Tieszen said Rapid City had done so for as long as he can remember.

Steve Willard of the South Dakota Broadcasters Association said there are no major examples of police departments refusing to release logs. But he said "it's time" to open up that information, which he called both "incremental change and positive change."

Steve Allender, Tieszen's successor as Rapid City Police Chief and an officer with the South Dakota Police Chiefs Association, said he spoke to "dozens" of his fellow chiefs.

"None of them are opposed to it, and we support the bill," Allender said.

Representatives of Gov. Dennis Daugaard and Attorney General Marty Jackley also supported the bill. It grew out of 2012's open government task force, which the two men convened. But last year's measure opening police logs went down to defeat because it was paired with a more controversial provision to release mug shots.