By Kevin Lee, Sng2@springnet1.com

SPRINGFIELD -- Drivers may have to start taking stock of their cell phone usage, thanks to two bills passed by the state Senate Tuesday.

State senators approved House Bill 71, which would ban drivers from text messaging, by a vote of 45 to 6. They then passed House Bill 72, which would prohibit drivers from using cell phones in school and construction zones, by a vote of 32 to 16.

The House now will consider both bills.

State Sen. Martin Sandoval, D-Chicago, who sponsored the text-messaging ban, said it would deter people from "distracted driving."

"I think the elimination of texting will at some point become part of our normal, regular behavior," he said. "Using your cell phone and texting while driving is not condonable."

Last week, Sandoval pushed back a vote on the bill to write exceptions into the ban. Drivers in neutral or park and drivers pulled over on the shoulder of a highway would be allowed to text.

State Sen. Toi W. Hutchinson, D-Olympia Fields, voted "present" on the bill. She said enforcing the ban would be problematic.

"The bill would allow a police officer to pull over anyone and say ‘You were texting,"" she said. "It"d become a he-said, she-said thing. The only true defense you would have is to surrender your phone to law enforcement."

State Sen. Mike Jacobs, D-East Moline, voted against the bill. He said it was too restrictive and would set a dangerous precedent.

"I think this sort of ‘nanny state" we"re moving towards is problematic," he said. "You get this snowball effect where everything becomes illegal. ... You could say you shouldn"t be allowed to drive, especially in school zones. That"s just nonsensical."

Jacobs said he would rather have the Senate focus on more important issues.

"At some point you have to realize that we have enough laws in Illinois, and what we really need is to move the economy forward, figure out a way to create some jobs and get this country moving again." he said. "We really need to move away from these frivolous issues that block our day."

State Sen. Gary Dahl, R-Granville, voted in favor of the bill. He said drivers, especially those who are younger and less experienced, needed to be discouraged from texting.

"I think it"s more of a fact that people need to pay attention to safety," he said. "Years ago, we fought seat belt laws, and now most people don"t even think twice about (putting on their seat belt)."

State Sen. Pamela Althoff, R-Crystal Lake, sponsored the bill that prohibits drivers from using hand-held cell phones while in school or construction zones. She said it was important to keep children and workers safe.

The bill allows a person to use a hands-free, voice-activated system or to report an emergency. Hutchinson said the exception for hands-free devices led her to vote for the bill.

"The intent is safety; we"re trying to prevent distracted driving," she said. "Saying that you can talk as long as you"re not using your hands, makes sense to me."

Capt. Scott Compton, a spokesman for the Illinois State Police, said the bills would help drivers become aware of passenger and bystander safety. He added that an infraction under either of these bills would result in a $75 fine.