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TOPEKA — The Kansas Senate has approved a ban on sending text messages and e-mails while driving.

The Senate approved Senate Bill 351 by a margin of 34-6 after making the penalty for a first-time offense a $100 fine.

Use of a hands-free cellular telephone while driving would not be an offense and e-mailing or texting would be allowed in emergencies.

SB 351 and other efforts to crack down on text messaging while driving have broad support from public safety, health and law enforcement officials.

Several senators during floor debate questioned how the bill would be enforced, including how officers would know whether a driver was texting or using their phone for an allowed activity, such as making a phone call.

“No bill we pass about traffic regulations is without some of these questions that have been raised,” said Sen. Tim Owens, R-Overland Park.

Sen. Chris Steineger, D-Kansas City, called the bill, “popular but not practical.”

“The fundamental issue here is inattentive driving,” he said.

Sen. Jay Emler, R-Lindsborg, a former Emergency Medical Services worker and EMS board member who sponsored the bill, gave an emotional reply.

“Let me set the record straight - I don’t give a rat’s rear about being popular,” he said. “Anyone who says that I had this bill drafted to be popular needs to spend 10 years on an ambulance picking up dead people.”

Steineger apologized, as did Senate Minority Leader Anthony Hensley, D-Topeka.

“We can make all the excuses in the world, and drum up all these hypothetical situations,” Emler said. “This bill is all about saving lives and there’s no question about that.”

Earlier this week, the House Transportation Committee also approved a bill that would ban text messaging. House Bill 2439 also would create a $100 fine for a driver’s first offense.