DOVER — A ban on cell phone use while driving cleared the Senate on Tuesday and is headed back to the House for a second vote on minor amendments that should be no impediment to adoption. The legislation would prohibit talking on a cell phone without use of a hands-free device and also ban texting, e-mailing and Internet usage while operating a motor vehicle. The bill exempts police, firefighters and emergency personnel. The amended version is expected to gain approval in the House before the June 30 adjournment. Gov. Jack Markell will sign the legislation upon passage, his spokesman Brian Selander said. The law would take effect 180 days after it is signed into law by Markell, probably sometime in January. Violators face a $50 fine, which rises by $50 for each subsequent offense but cannot exceed $200. No driver’s license points are assessed for a violation, and infractions are not made part of a person’s driving record. Sen. Brian Bushweller, the Senate sponsor, said Tuesday the legislation is necessary to curb texting and driving as well as talking on the phone. Last year, state police identified 230 crashes that involved a driver distracted by the use of a cell phone, Bushweller said. “National research shows that drivers using cell phones are four times more likely to get into crashes resulting in injury,” Bushweller said. Similar bills have failed in the state legislature in previous years, but mounting evidence of the dangers involved in phone use while driving persuaded lawmakers this time. According to the National Conference of State Legislatures, seven other states, including New Jersey, Maryland, New York, and Washington, D.C., require or will soon require drivers to use hands-free devices. Twenty-two states and the nation's capital prohibit texting while driving, and three more states have texting bans that will go into effect this year. Wilmington, Elsmere and Philadelphia also adopted such bans. Delaware residents have mixed feelings about the legislation. Kim Bodie, of Middletown, climbed into her black SUV Tuesday after a meeting in downtown Wilmington at Ninth and King streets with her cell phone by her side. She thinks the law is a good thing. "You lose focus when you're on the phone and driving. I know because it's happened to me," said Bodie. "I'll be honest. I do it daily." Bodie said it is difficult for her to talk while driving and imagines it is for others also. "When I talk on the phone and cook at the same time, it takes me longer to cook, so you're going to be distracted if you talk on the phone and drive," she said. Thomas Barnhart Jr., a truck driver from Wilmington, keeps his Bluetooth earpiece in place all the time, allowing him to set the phone down. He agrees that driving and talking on a cell phone or texting while driving can be dangerous. But he doesn't think the government should have gotten involved. "It's like wearing a seatbelt. You shouldn't have to wear a seatbelt if you don't want to, but they make the laws," Barnhart, 63, said. "I think people should be able to make decisions by themselves." Law enforcement officials said the law does not present an enforcement problem. Much like the state's seatbelt law, violations are a primary offense, meaning an officer who sees a driver talking on a cell phone or texting can stop the driver and issue a summons. "It would not impact us at all," said state police spokesman Sgt. Walter Newton. "It's another law that we can use as a tool for highway safety." Andrea Summers, spokeswoman for the state Office of Highway Safety, said the new law would preempt regulations already in place in some municipalities. But if a city's regulations were stricter, the stricter rules would still apply in those areas, she said. Wilmington police spokesman Master Sgt. Steven Barnes said the department has a task force of officers to enforce the city's ban, which went into effect in January. "It's a primary offense, so if the officers see anyone talking on their cell phone, they stop their car," Barnes said. Violators face a $50 fine plus other costs, for a total of $81. Wilmington's Director of Communication John Rago said more than 200 motorists have been cited since the city's cell phone ban went into effect. "The legislation regarding cell phone use is designed to change behavior," Rago said. "It's starting to change behavior in Wilmington and in order to change behavior you have to levy a fine." New Castle County Police spokesman Senior Cpl. Trinidad Navarro said the new law should not take long to sink in. "Anytime you have new legislation, there will be an increase in self-initiated activity when officers observe a primary offense in progress," he said. "I think the community will quickly find out that the police are taking this seriously ... and cell phone use will drop dramatically." Final action in the House could come next week, said Rep. Darryl Scott, D-Dover, the House sponsor. He said he doesn't foresee the Senate amendments creating problems. The ban does not apply to a person using a cell phone to report a fire, a traffic accident, a serious road hazard, or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving recklessly. Sen. Joe Booth, R-Georgetown, offered an amendment Tuesday to exempt ham radio operators. His amendment was further amended to only exempt use of those radios during an emergency. Bushweller also amended the bill to alter a House amendment that exempted a "person driving or operating a farm tractor, farm truck or farm equipment." Bushweller limited that exemption to unregistered farm equipment, like tractors, combines and trucks that are not intended for road use. Bushweller said without his change, the bill would have exempted all vehicles with farm license plates, which includes many trucks permitted on highways and roads. "Other properly registered trucks -- trucks with FT tags -- are not exempted," Bushweller said. Sen. Robert Venables, D-Laurel, was one of the most outspoken critics of the legislation on the Senate floor. Venables said drivers are capable of using the phone for a short amount of time without posing a threat. He said he supports the portion of the bill outlawing text messaging behind the wheel, but said the bill should include more caveats that would allow some talking. "Who is really going to benefit by this more than anyone else is the people who sell hands-free cell phones," Venables said. Ibrahim Ors, who runs the iworld cell phone accessory kiosk at Christiana Mall, said he sees two benefits to the measure -- safety and business. Since the Wilmington ban was passed, business has increased, he said. He sells Bluetooths for $30-60, but his biggest seller has been the allkit speaker system that allows drivers to connect their phone to car speakers and talk via a chord placed in the cigarette lighter. "I just tell them that they created a law and we have specials," Ors said.