Representative Don Humason



CELL PHONE LEGISLATION By State Representative Don Humason, Jr. January 19, 2008 Next Wednesday, Governor Deval Patrick will file his administration’s proposed budget for Fiscal Year 2009, which begins on July 1. Legislators will look carefully at the Governor’s spending priorities and policy initiatives with an eye toward the impact on our own districts. On Thursday evening the Governor will give his first State of the State address in the House Chamber at the State House. He did not give an address last year because he had just been sworn in. I intend to be there to listen to what Governor Patrick has to say. I encourage people to watch his speech on television and judge for themselves. I have been critical lately of the Governor for spending so much time outside of Massachusetts campaigning for Barrack Obama. Deval Patrick had criticized former Governor Mitt Romney for spending time outside the state and allegedly neglecting his duties as governor. I also think the new governor is wrong to try to circumvent the Legislature and grant tax-payer subsidized in-state college tuition to illegal immigrants and their children. However, I do want to give him credit where credit is due: The Patrick Administration has reopened the Western Massachusetts Governor’s office at 436 Dwight Street in downtown Springfield at the so-called “Little State House.” Governor Romney had to close the office when he took office to try to close a $3 billion state budget shortfall. I would like to congratulate my friend and former intern, Elizabeth Cardona, who will be heading up the new office as Director. The Massachusetts House of Representatives has reconvened. We held a formal session this Wednesday to take up a bill restricting cell phone use while driving a car. Session was cut short by the Speaker after members filed so many amendments to the proposed bill. The legislation is House bill 4477, an act further regulating the use of certain communication devices while operating a motor vehicle. If you would like to read the bill yourself go to www.mass.gov/legis/bills/house/185/ht04pdf/ht04477.pdf The Transportation Committee, of which I am a member, released the bill with a favorable report on Tuesday. I voted to release the bill to the full House for debate. This issue is a hot topic to people and everyone seems to have an opinion. We’ve all heard stories or had encounters with motorists who seemed more interested in their cell phone call than in driving their car. I’ve sat behind a driver at a red light that’s turned green while waiting for that person to get off his cell phone and pay attention to the road. It’s frustrating, and can sometimes be scary. But after talking about the details of the legislation with fellow legislators and trying to figure out how this law could be enforced (and whether it would even work), I’m pretty close to voting no on the bill. We can’t try to pass laws in a knee-jerk fashion after every tragic news story or there would be new laws every 10 minutes; too many for any of us to know or follow. Lawyers have a saying that bad cases make bad law. But what this comes down to is the government trying to legislate common sense. While the law would go after drivers using hand-held cell phones or other communication devices, it exempts GPS and navigation devices. It also neglects other activities proven to be just as distracting: tuning your radio, changing a cd, reading a newspaper or book, lighting a cigarette, eating a hamburger, drinking a coffee, putting on makeup, talking to your passengers, yelling at your kids in the back seat, soothing a crying baby. The list goes on. I believe it would be hard to enforce, and do we even want our cops policing cell phone users? When Governor Patrick took office he said he wasn’t going to allow our State Police to go after illegal immigrants because it was the Fed’s job and our police were too busy with more important public safety matters. So now we want our State Police and other law enforcement officers to try to discern whether a motorist is on his or her phone? Massachusetts already has a law on the books for impeded operation or distracted driving: General Law Chapter 90 section 13. Cell phones are currently exempted, but it would be easy to change that. Then, if a police officer observes that a motorist is driving in an unsafe manner because they are on their cell phone the officer can pull that driver over and issue a citation. I agree that no Junior Operators (those new and inexperienced drivers under 18 years of age) should be texting or talking on a cell phone while driving. And I agree that no driver of any age should be texting while driving. I also intend to vote for an amendment that would prohibit the offense from being surchargeable on your auto insurance. I hate these controversial, divisive bills. Nobody’s right, or wrong. I’m just not a fan of big government intrusion into our lives. I believe in personal responsibility and common sense. Driving, like life, has its risks and dangers. The question we have to ask is how much of our liberty, our freedoms, do we want to give over to our government in order to feel safe? Let me know what you think. Thanks for considering it from all sides. Representative Don Humason and his new aide Sarah Latour may be reached at their Westfield District office, 64 Noble Street, Westfield, MA 01085, 568-1366. Their Boston address is State House Room 542, Boston, MA 02133, (617) 722-2803. Email address: Rep.DonaldHumason@Hou.state.ma.us
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CELL PHONE LEGISLATION

By State Representative Don Humason, Jr.

January 19, 2008

Next Wednesday, Governor Deval Patrick will file his administration’s proposed budget for Fiscal Year 2009, which begins on July 1. Legislators will look carefully at the Governor’s spending priorities and policy initiatives with an eye toward the impact on our own districts.

On Thursday evening the Governor will give his first State of the State address in the House Chamber at the State House. He did not give an address last year because he had just been sworn in. I intend to be there to listen to what Governor Patrick has to say.
I encourage people to watch his speech on television and judge for themselves.

I have been critical lately of the Governor for spending so much time outside of Massachusetts campaigning for Barrack Obama. Deval Patrick had criticized former Governor Mitt Romney for spending time outside the state and allegedly neglecting his duties as governor. I also think the new governor is wrong to try to circumvent the Legislature and grant tax-payer subsidized in-state college tuition to illegal immigrants and their children.

However, I do want to give him credit where credit is due: The Patrick Administration has reopened the Western Massachusetts Governor’s office at 436 Dwight Street in downtown Springfield at the so-called “Little State House.” Governor Romney had to close the office when he took office to try to close a $3 billion state budget shortfall.
I would like to congratulate my friend and former intern, Elizabeth Cardona, who will be heading up the new office as Director.

The Massachusetts House of Representatives has reconvened. We held a formal session this Wednesday to take up a bill restricting cell phone use while driving a car. Session was cut short by the Speaker after members filed so many amendments to the proposed bill.

The legislation is House bill 4477, an act further regulating the use of certain communication devices while operating a motor vehicle. If you would like to read the bill yourself go to www.mass.gov/legis/bills/house/185/ht04pdf/ht04477.pdf

The Transportation Committee, of which I am a member, released the bill with a favorable report on Tuesday. I voted to release the bill to the full House for debate.

This issue is a hot topic to people and everyone seems to have an opinion. We’ve all heard stories or had encounters with motorists who seemed more interested in their cell phone call than in driving their car. I’ve sat behind a driver at a red light that’s turned green while waiting for that person to get off his cell phone and pay attention to the road. It’s frustrating, and can sometimes be scary.

But after talking about the details of the legislation with fellow legislators and trying to figure out how this law could be enforced (and whether it would even work), I’m pretty close to voting no on the bill.

We can’t try to pass laws in a knee-jerk fashion after every tragic news story or there would be new laws every 10 minutes; too many for any of us to know or follow. Lawyers have a saying that bad cases make bad law. But what this comes down to is the government trying to legislate common sense.

While the law would go after drivers using hand-held cell phones or other communication devices, it exempts GPS and navigation devices. It also neglects other activities proven to be just as distracting: tuning your radio, changing a cd, reading a newspaper or book, lighting a cigarette, eating a hamburger, drinking a coffee, putting on makeup, talking to your passengers, yelling at your kids in the back seat, soothing a crying baby. The list goes on.

I believe it would be hard to enforce, and do we even want our cops policing cell phone users? When Governor Patrick took office he said he wasn’t going to allow our State Police to go after illegal immigrants because it was the Fed’s job and our police were too busy with more important public safety matters. So now we want our State Police and other law enforcement officers to try to discern whether a motorist is on his or her phone?

Massachusetts already has a law on the books for impeded operation or distracted driving: General Law Chapter 90 section 13. Cell phones are currently exempted, but it would be easy to change that. Then, if a police officer observes that a motorist is driving in an unsafe manner because they are on their cell phone the officer can pull that driver over and issue a citation.

I agree that no Junior Operators (those new and inexperienced drivers under 18 years of age) should be texting or talking on a cell phone while driving. And I agree that no driver of any age should be texting while driving. I also intend to vote for an amendment that would prohibit the offense from being surchargeable on your auto insurance.

I hate these controversial, divisive bills. Nobody’s right, or wrong. I’m just not a fan of big government intrusion into our lives. I believe in personal responsibility and common sense. Driving, like life, has its risks and dangers. The question we have to ask is how much of our liberty, our freedoms, do we want to give over to our government in order to feel safe?

Let me know what you think. Thanks for considering it from all sides.

Representative Don Humason and his new aide Sarah Latour may be reached at their Westfield District office, 64 Noble Street, Westfield, MA 01085, 568-1366. Their Boston address is State House Room 542, Boston, MA 02133, (617) 722-2803. Email address: Rep.DonaldHumason@Hou.state.ma.us

This Site Designed and Maintained by: The Barre Group