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Published Saturday, Feb. 06, 2010

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State Senate toughens cell law

By Michelle Dupler, Herald Olympia bureau

OLYMPIA -- The state Senate on Friday passed a bill allowing law enforcement officers to pull someone over for talking on a cell phone while driving even if no other offense is committed.

Senate Bill 6345 makes talking on a cell phone without use of a hands-free device a primary offense.

Current law makes it a secondary offense, meaning drivers can only be cited for talking while driving if they're also speeding, have expired tabs or are committing some other offense.

Bill proponents said drivers distracted by talking on cell phones continue to present a danger to other drivers, pedestrians and bicyclists despite the existing ban.

"This bill is about good safety and that is in the best interest of Washington state," said Sen. Debbie Regala, D-Tacoma.

Opponents in the Senate said the state already has a law allowing distracted drivers to get tickets and doesn't need a new one to cover cell phones. They also claimed this would put an extra burden on law enforcement, and tempt the state to ticket drivers just to bring in revenue.

"We are going to have a lot of angry citizens," said Sen. Tim Sheldon, D-Potlatch.

The bill passed 33-15.

Among Mid-Columbia lawmakers, only Sen. Jerome Delvin, R-Richland, a retired police officer, voted for the bill.

Sens. Mike Hewitt, R-Walla Walla, Jim Honeyford, R-Sunnyside, and Mark Schoesler, R-Ritzville, voted no. Sen. Janea Holmquist was excused for the day.

Also Friday, the Senate passed a bill 37-11 that adds physician assistants, advanced registered nurse practitioners and naturopaths to the list of people who can give medical marijuana patients documentation that they might benefit from the drug's use as a medicine.

Senate Bill 5798 was introduced by Sen. Jeanne Kohl-Welles, D-Seattle, during the 2009 legislative session and was passed by the Senate Health & Long Term Care Committee, but it didn't make it to a full vote of the Senate.

Supporters testified at a committee hearing in February 2009 that expanding the list of health care providers who can give medical marijuana documentation will help rural patients who may only have access to a nurse practitioner.

Current law requires that documentation be signed by a doctor.

Delvin and Hewitt voted in favor of the bill. Honeyford and Schoesler voted no.

Both bills now go to the House for consideration.

A bill introduced by Rep. Larry Haler, R-Richland, that would restrict when those charged with drug offenses can use medical marijuana as a defense never received a public hearing and appears to be dead for the 2010 session.

The legislative session is scheduled to end March 11.

-- Michelle Dupler: 360-753-0862; mdupler@tricityherald.com

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