COLUMBIA--A primary seat-belt bill speeding
through the General Assembly appears headed on a collision course with
Gov. Mark Sanford's veto pen -- and lawmakers say they're ready to play
chicken.
While he did not utter the V-word, Sanford said Thursday he definitely
would not support the bill passed early this legislative session by the
Senate, should it make it to his desk. At the same time, the governor has
been lobbying House members, who take up the measure next week, to change
the bill to make the question of whether someone hurt in a car crash used
their seat belt admissible in court.
"There have been preliminary conversations, and I think they are
receptive to these ideas," Sanford said. "The administration is sayingthat
anytime you have a chance to empower people to make changes that can
better their lives, you have to consider many factors."
Sanford says a $12 fine proposed in the current legislation is not much
of a deterrent, but making seat-belt use admissible as evidence in trial
could be. Such a change could cost accident victims damages in civil
lawsuits, and that could prompt drivers to rethink the idea of staying
unbuckled.
A primary seat-belt law, which would allow police to stop any motorist
they suspect is not buckled up, has long been considered an inevitability
in South Carolina. The House passed the measure last year, but it was
killed in the Senate.
State Rep. Ronald Townsend, chairman of the House Education and Public
Works Committee, said the changes the governor wants are unlikely to be
made in his committee.
"I don't think we'll get into that," said Townsend, R-Anderson. "That
sounds like it should be part of tort reform. That's the most likely place
for that. If someone can get it amended on the floor, so be it, but I
don't think the committee is going to do that."
State Sen. Greg Ryberg, R-Aiken, agreed that the question of
admissibility belongs in the wider tort reform debate.
Townsend said the governor's office is invited to make its case in
subcommittee, but the threat of veto will not have any effect. "We'll just
take our chances with it," Townsend said.
Townsend said he suspects the House could muster the two-thirds
majority necessary to override a veto. That prospect is much less clear in
the Senate, where all this controversy began a year ago.
Last year, Senate President Pro Tem Glenn McConnell single-handedly
held up the seat-belt legislation passed by the House. McConnell said it
was a bad bill that would allow police to profile drivers, stopping them
under the guise of checking seat-belt use, or even lead to seat-belt
roadblocks or checkpoints.
This year, McConnell offered an amendment to the bill to make seat-belt
use admissible in court, as Sanford wants. That amendment was summarily
rejected by the Senate.
McConnell said the suggestion was not an attempt to kill the measure --
although he had those sorts of amendments, too -- but simply a
common-sense one: Violating the law is, in legal terms, negligence per se.
That could have a legal bearing on any lawsuits concerning automobile
accidents.
The fact that McConnell's admissibility amendment was killed could
spell trouble for the seat-belt bill. Although the legislation had
majority support in the Senate, it's unclear whether there are enough
votes to override a veto.
There's also no guarantee the legislation would pass the General
Assembly under Sanford's terms.
"There are some Libertarian-leaning senators who oppose any sort of
'criminalization' of wearing seat belts," McConnell said. "If you throw
this in there, you start to complicate the vote."
Sanford said the government's role in the seat-belt debate should be
about encouraging "prudent personal actions," not criminalizing poor
individual choices. The legislation apparently headed for approval does
nothing but cost drivers $12 for not wearing a seat belt. Violations don't
go on a driver's record.
Lawmakers say they probably are unwilling to go much further. House
Speaker David Wilkins said Thursday that the court admissibility issue is
not a new one to the seat-belt debate. A similar amendment was proposed
last year, but the House was against it. Wilkins said he suspects little
has changed.
"The House is committed to passing seat-belt legislation," said
Wilkins, R-Greenville. "My guess is it will look like the bill that we
passed last year. What happens after that, we'll have to wait and see."