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Sometimes, the sausage-making makes sense

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Illinois

* The Illinois Senate had a very thoughtful, reasoned debate yesterday on a bill to ban texting while driving. Now, you’d normally think this topic would be a no-brainer. I mean, there’s no way people should be allowed to text their buddies while speeding down the Kennedy Expressway.

But the Senate, unlike the House, which approved the bill 89-27, delved into the matter much more deeply….

[Sen. Martin Sandoval], a Chicago Democrat, opted to pull the bill before lawmakers could vote on it so he could clarify whether drivers would get in trouble for using the GPS functions on their cell phones, texting while idling in traffic jams or texting while sitting on the side of the road.

As most people know, you’re more likely to be crawling on the Kennedy than zooming. So, should people be banned from texting while they’re hoplessly stuck in traffic and late coming home for dinner? That’s a problem…

Sen. Matt Murphy, a Palatine Republican, agreed that the intent of the bill was to minimize distracted driving. But he wasn’t convinced that a driver stuck in gridlock on the interstate could be classified as a putting other vehicles in danger if he or she decided to send a text message.

Also, the way our state laws are set up, you are considered operating a motor vehicle even if the car is off and the key is on the floor. I think they probably did this to bust drunks who are sleeping in their cars. But banning texting while parked is pretty goofy.

Then there’s this…

Sen. James Meeks, a Chicago Democrat, questioned how a police officer would differentiate between texting and making a phone call because the same buttons are used to accomplish different tasks. He said Sandoval’s measure would give too much latitude to law enforcement. “Now we’re giving the police the right to examine individual motorists’ cell phones to try to ascertain whether they were sending a text or making a phone call,” he said, later adding, “This is very dangerous.”

Same goes for GPS on cell phones.

Sen. Mike Jacobs, an East Moline Democrat, cited a statewide poll that showed more than 75 percent of those polled thought texting while driving should be banned. But, he added, it’s another story if you’re the one getting pulled over and ticketed.

Yep.

* This, also, is not as great as it may sound at first…

Creates the Sunshine Commission Act. Provides for the appointment by the legislative leaders of a Sunshine Commission, consisting of 4 legislators and 4 public members, to conduct a thorough review of the relevance, efficiency, and effectiveness of each “State executive branch program”. Requires the Commission to report its recommendations to the General Assembly within 6 months after the Act’s effective date. Requires the General Assembly, by joint resolution, to approve or reject the report within 60 session days after the report is filed. Repeals the Act 2 years after its effective date.

The Pantagraph doesn’t like it, either…

For one thing, it is an abandonment of responsibility. The Legislature and governor should be making these choices individually.

For another thing, we doubt such a program “hit list” would get approval - rendering the commission’s work an exercise in futility.

They do say this, however…

But having qualified experts review these programs and suggest changes is a good idea.

The editorial claims the panel would look for ways to “consolidate or eliminate duplicative and ineffective programs.” It goes beyond that, however. Examining the “relevance, efficiency, and effectiveness of each ‘State executive branch program,’” is more than just consolidation or elminating duplication. We may be getting into ideological territory with this legislation. And here are the “qualified experts” that the sponsor wants to examine these programs…

Each public member shall have professional, private sector experience in the field of banking, finance, or accounting, with at least one public member experienced in each of those fields.

I can see the point of having an audit to determine whether the agencies are following the relevant statutes and whether the programs are functional, but I wonder whether those “experts” are the best people to examine the programs themselves. The banking and finance industries haven’t been all that great lately, to say the least.

With some serious tweaking, this might not be a bad idea, however.

posted by Rich Miller
Thursday, May 14, 09 @ 11:06 am

Comments

So, should people be banned from texting while they’re hoplessly stuck in traffic and late coming home for dinner?

Hmm… you could probably argue that it is more dangerous (or at least more likely to cause an accident) when you are texting while stuck in traffic.

Comment by dave Thursday, May 14, 09 @ 11:11 am
I’d rather have a drunk sleeping it off in a parked car than driving it. When the argument was made about what is considered “operating” a vehicle during the texting debate, I was quite surprised by the current definition.

Comment by Captain Flume Thursday, May 14, 09 @ 11:51 am
Another caveat, this program is doomed to fail becuase it operates off a common fallacy, the a governemtn should operate like aprivate business.

=== Each public member shall have professional, private sector experience in the field of banking, finance, or accounting, with at least one public member experienced in each of those fields. ====

You have people with no hands on day to day adminsiatrtive and pulic sector experience evaluating the operation. Why have 4 GA memebrs who also lack real professional experuience with the operatins of the agencies?

You need public sector auditors who have background knowledge of public sector operations and lingo in order to navigate this.

Buisness may provide some good principals, but it is not a good model for operating government, and professional private sector experience really means you have people with know knowledge about governmental operations or exigencies.

Comment by Ghost Thursday, May 14, 09 @ 12:03 pm
The best way to handle the improvement of state agency operation and eliminate duplicity in tasks would be to ask the people that work there. I know state employees aren’t supposed to be thinkers or have much ambition but if you want to eliminate waste in government ask the people that work there and that does not mean the appointees or the bureaucrats.

Establish a web site where employees can go to make suggestions that cannot be monitored by their supervisors or managing agencies like CMS. A site where their identity is absolutely protected and where they can make suggestions on improving the operation of the state agencies. This system would be far better than bringing in outside people who know nothing about how the system works or doesn’t work. The biggest money vacuum and wasteful agency is CMS and many employees will tell you that and tell their horror stories about how that agency sucks the money out of every other agency. This is just one example there are many more.

Comment by Anonymous Thursday, May 14, 09 @ 12:04 pm
Texting and driving, navigating and driving, phoning and driving…there is no reason a person can’t pull over and do any of this. Too many crashes are occuring because people can’t seem to figure out that attending to anything else while commanding a 2 ton hunk of moving metal just isn’t smart! If you are so important that people need to reach you at all times you would have a chauffer! The scary part is we need a law for people to do what shoud be a gimme! DUH

Comment by Belle Thursday, May 14, 09 @ 12:29 pm
I have an iPhone, so the same device and the same controls run my radio, GPS, phone, clock/watch, text, email, camera, etc. If it is dangerously distracting to operate any one of these, it is equally so for all the other functions. Since I can move the iPhone, it’s actually easier to put it where I can reach it easily (compared to adjusting the air vents, for example). Since it’s basically a computer, the number of functions it can perform are essentially infinite. I wouldn’t be surprised if people’s phones are eventually hooked up to adjust the seats and the climate controls, etc. By eventually, I mean next year.

The GPS keeps me from getting lost, and that makes me a calmer driver. People who get lost drive faster and make more hazardous maneuvers. Yes, we should all be careful and prudent, but GPS is a part of that, not instead of that.

Of course, the iPhone also plays MonkeyBall, which shouldn’t be played during driving. So there are clearly things people shouldn’t do with it, either. It arguably already violates the statutory prohibition on having a TV screen where the driver can see it. I don’t have any easy solutions, but I’m pretty sure banning specific functions is not the way to go. Is using the Facebook application the same as surfing the Internet, while GPS is not, to the degree of certainty that it will pass due process standards for criminal prosecution? There are some strange, new legal issues to be confronted here.

Comment by Thomas Westgard Thursday, May 14, 09 @ 12:53 pm
Phoning, texting….tell me, as an enthusiast, is juggling illegal while driving?

Comment by Anonymous Thursday, May 14, 09 @ 1:48 pm
I think with some tweaking, the idea of an independent body taking a close look at everything the state does and recommending dissolution of non-essential programs, etc. should be seriously considered. We are now in a place where there is limited, if any, leadership in the GA or Gov’s Office to actually cut anything for fear of the big, bad voters or, worse, an interest group or two.

The BRAC process has worked remarkably well when it comes to consolidating the military, for instance.

Comment by SangamoGOP Thursday, May 14, 09 @ 2:11 pm
=== I think with some tweaking, the idea of an independent body taking a close look at everything the state does and recommending dissolution of non-essential programs, etc. should be seriously considered. ===

Yeah, if only the state had some kind of constitutional officer, like an auditor general, responsible for reviewing the obligation, expenditure, receipt and use of public funds. a person who would have knowledge of public sector functions and work and could make recomendations.

We do not ened a prviate board, we just need to ask the very entity we have in place to expand the scope of its audits to include efficency recomendations.

Instead of using the perfect tool, they want to create cobbled together mess and toss it into the fray.

Comment by Ghost Thursday, May 14, 09 @ 2:23 pm
Rich, It’s obvious that people don’t use their brain! Texting while driving is DANGEROUS! People-innocent people have been KILLED by motorists that are texting and driving at the same time. It’s amazing to me that the Senate is having an issue in passing this bill-unless of course they all text while driving! This is a bill that can save INNOCENT peoples lives! Those that are stuck in traffic-take public transportation and text your heart out! The problem is that motorists are doing too many other things and NOT concentrating on driving! Our roads are dangerous enough with pot holes, construction, bicycles, pedestrians and other cars that people need to FOCUS on what they are doing! I think this bill, which I believe was introduced by State Representative John D’Amico with support from the State Troopers and Jesse White should get passed to help save lives and make our roads safer. People can pull over and text if they HAVE to text-they should use a hand free device and talk if it’s that important!
For those people that don’t think this is a good idea probably didn’t think that the seat belt bill would pass or banning smoking in public places-both GREAT bills!

Comment by curious Thursday, May 14, 09 @ 2:50 pm
At least this is better than Ken Dunkin’s bill to ban texting and walking.

Comment by LouisXIV Thursday, May 14, 09 @ 3:23 pm
There is a commission that accepts ideas on how to save money in the Medicaid program.

There is no reason why we could not have a similar commission meeting quarterly that receives ideas for streamlining or ending waste in state government. And I agree that many contributions would come in from current or past state employees.

Comment by Capitol View Thursday, May 14, 09 @ 4:16 pm
All the sunset commission should be is a “Grace Commission” couple with the BRAC mechanism to take an up or down vote on the commissions recommendations.

It’s a simple proposal. David Williams and I’ve talked about — I believe — at the 2005 and 2008 Piglet press conferences. I’ve also talked about in reference to Bill Holland’s scathing audit in 07 that stated the state did not have a catalogue of its programs.

Jim Thompson ran on a similar idea — just the commission part — I think in 1976. It never happened. A few other states — including SC by executive — have had commissions like this but nothing with a BRAC proposal.

In my response LTE to the Pantagraph I noted that state government had already abandoned responsibility — thus the need for the program. I also noted that it is not a perfect solution but it is a workable one. Our court system gets it wrong, too, but that doesn’t mean people get fair hearings.

Finally, at the end of the day the GA could reject recommendations of such a commission.

Comment by Greg B. Thursday, May 14, 09 @ 4:26 pm
I can barely text or dial while NOT driving. We need voice activated/recognition texting. What’s really dangerous is trying to get the CD out of its case.

Comment by Abe's Ghost Thursday, May 14, 09 @ 5:00 pm
I spend a fair portion of each day in suburban traffic in a tall vehicle, and its a rare day I don’t meet a black and white with the operating officer’s eyes and perhaps a hand, involved with the console mounted laptop.

Comment by countryboy Thursday, May 14, 09 @ 6:08 pm
Distracted driving is just that. Laws do not have to be so specific as to include every possible variant of behavior.

Distractions can be reading the paper, attending to personal hygine, operating a computer. Just make a proposal to double the punishment if it can be shownn that the driver was doing more than driving.

As constituted now the legislation is just grandstanding for the weak minded.

Comment by Plutocrat03 Thursday, May 14, 09 @ 6:45 pm
Texting and twittering are the absolute lowest forms of communication.

Comment by wordslinger Thursday, May 14, 09 @ 8:44 pm
Oh heck yeah!! to countryboy!

I’ve noticed the same thing myself, and I drive a Volvo sedan.

Do as I say, not as I do?

But at the same time, I live in Champaign, where a very nice young man named Matt Wilhelm was killed by a driver who was attempting to download a ringtone to her cellphone while she drove away from the Urbana Wal-Mart. All she could be charged with was a misdemeanor and a fine. Total crap, topped off by the fact she wrote a letter to the local editor claiming she was soooo upset by all the events about one week before she went to court. Judge still found her guilty, for all I know she’s still driving and downloading ringtones or texting at the same time.

At some point, I would argue we’ve got to do something…

Comment by Lynn S Friday, May 15, 09 @ 1:10 am