Legislation passed by the General Assembly in February prohibits motorists from holding a cellphone while driving in highway work zones. Northam’s amendment would make it illegal for drivers to hold a phone while driving on any roads — a move that would bring Virginia law in line with those in the District and Maryland, plus 15 other states.

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Currently, it is illegal to text or email while driving in Virginia. But phone use is not otherwise restricted, and police say it is difficult to enforce.

For the amendment to take effect, it would need approval from the legislature when it reconvenes Wednesday for its annual veto session.

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But the amendment is unlikely to come up for a vote in the House because Cox (R-Colonial Heights) has concluded it is out of order. He is prepared to make a ruling to that effect when delegates are in session.

The Associated Press first reported Cox’s decision, which Cox spokesman Parker Slaybaugh confirmed Friday. Slaybaugh stressed that Cox was making a “procedural decision” about whether the amendment is relevant to the underlying bill, not judging the merits of the governor’s proposal.

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“It drastically changes the concept of the original [work-zone] bill,” Slaybaugh said.

Northam spokeswoman Ofirah Yheskel said the governor will look for other ways to address the problem if Cox tosses out the amendment.

“There is an urgent need to make Virginia roads safer by addressing distracted driving — Governor Northam has proposed amendments to spur action from legislators,” she said in an email. “The Speaker’s determinations are his own, though the governor and his team will continue to pursue the bipartisan deal that has received overwhelming support from the General Assembly.”

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Lawmakers considered separate legislation calling for a ban on handheld cellphone use while driving during the General Assembly session that adjourned last month, and a bill passed both houses. But during the conference committee, lawmakers could not come to an agreement. The Virginia Legislative Black Caucus said it worried that black motorists would be unfairly targeted by police.

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Northam’s amendment included a requirement that the state annually report demographic data regarding enforcement to make sure no group was treated unfairly.

Announcing the amendment at an event in Alexandria on Tuesday, Northam said that in 2017, 843 people were killed on Virginia highways. More than 200 of those incidents were tied to distracted driving. Northam, who signed a resolution making April Distracted Driving Awareness Month, had support for his amendment from Drive Smart Virginia, AAA and Virginia Chiefs of Police, among other groups.

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