CHARLESTON-Texting and chatting on hand-held wireless devices while driving become primary visitors offenses inside a revised bill authorized Friday by the Home of Delegates.
As amended, a police officer could pull over a motorist observed texting or holding a telephone as much as an ear for talking in the revised Senate bill.
Under the original Senate version, only texting would have been a main offense law.
In an 87-12 tally, only 1 Democrat opposed the measure; the legislation was sought by Gov. Earl Ray Tomblin in his State of the State address. He known as hand-held devices in use while driving a "dangerous" practice.
Delegate Danny Wells, D-Kanawha, stated the uncommon opportunities when lawmakers can pass legislation that saves lives are "easily the most gratifying part" of serving in the Legislature.
Twice in this session beats pro, he stated, that opportunity has arisen- first on coal mine safety, now on hand-held phones.
"It will save lives," Wells stated from the mobile phone proposal.
But Delegate Larry Kump, R-Berkeley dr dre headphones, told the House his vehicle was rammed from behind two weeks ago by a woman looking at papers.
"So I know from individual expertise that utilizing a cell phone or texting is not the only thing that can be a hazard," Kump stated.
Kump stated his first reaction to the bill was "great googly, moogly, what a great deal of government."
After discussing the matter with several residents, Kump said he got the idea the law could be ignored to a big extent.
As some told him beats by dre studio, Kump related, "You people in government can do whatever you would like, pass whatever laws and regulations you would like, but we're gonna do what we're gonna do and we do not care what you do."
The bill imposes a graduated penalty scale- $100 for the very first offense, $200 for the second monster beats, $500 for third and subsequent violations. No points would be applied until the third offense, after which only three.
First responders- police, firefighters, paramedics and the like- could be exempt from the ban, Judiciary Chairman Tim Miley monster headphones, D-Harrison, emphasized.
Delegate Dave Walker, D-Clay, the lone Democrat voting against the bill, felt the fines were also steep.
Walker tried, with out luck, to lower them in the judiciary committee.
For folks earning minimum wage, he said, the penalties are even tougher, citing a college student who told him she could be "devastated" if needed to pay the very first offense penalty of $100.
"I just felt the fines ought to be more in line using the seatbelt law," he said.
"I just felt like the fines are too harsh."
Delegate Kelli Sobonya, R-Cabell, strenuously opposed the main offense degree of cell phone conversation while it was in the judiciary committee.
Not certain just how the Senate will approach the changes, Sobonya stated she reluctantly voted for the bill.
"If this was my only opportunity to go on record as supporting the ban on texting, I had no other option," she said.
Delegate Marty Gearheart, R-Mercer, 1 of 11 Republicans voting against it, stated, "I don't believe it should be a primary offense."
Banning texting as a primary offense enjoyed the common assistance of his constituents, but Delegate Rick Snuffer, R-Raleigh, stated many people, especially seniors, opposed creating cell phone speak a main offense.
"Everybody cannot afford a new vehicle that has a Bluetooth that goes via the radio," Snuffer said.
"I feel like the little bit of time they use the hand-held isn't a problem. The problem is with texting."
Snuffer, like other opponents, hoped the Senate would tweak the bill so that it's restored towards the original version as a primary/secondary law.
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