Changes necessary
to support seat belt bill
By MARK
SANFORD Guest
columnist
The S.C. Senate passed a bill on seat belts last week, which is
important news given that last year, senators weren’t even able to
vote on this bill because of the rather peculiar rules of that body.
This action suggests that more ideas might be able to make their way
through our political system thanks to the Senate updating its
rules. So if you get a chance, I’d ask you to call your senator and
say “thank you” for this reform that improves the odds of needed
changes coming to our state.
Since the seat belt bill did make it out of the Senate, I think
it’s important to lay out where I am on this issue so that
improvements can be made to this bill as it heads to the S.C. House.
Without those changes, I will not be able to support this bill.
Currently, this legislation would impose a $12 fine for not
wearing your seat belt — but would do nothing to make seat belt use
admissible as evidence in the courtroom. That doesn’t make common
sense to me; if you don’t wear your seat belt and are hurt in an
accident, that strikes me as the kind of thing a jury ought to
know.
If someone knew that juries were factoring seat belt use in
determining damages in civil lawsuits, we could go a lot further in
influencing behavior than with a nominal fine. Unfortunately, this
bill doesn’t do that. In fact, it goes even further in the opposite
direction by actually prohibiting things that would affect seat belt
use most positively. For instance, no record of the offense could be
kept, seat belt usage (or lack thereof) could not be reported to an
insurance company, and police could not put up a roadside highway
check — though these are currently used to check for licenses. All
of this is important because at the end of the day, legislation
ought to be centered on the things that will make the biggest
difference.
We should all be skittish about fines without including other
reforms because the dirty little secret that we all know in South
Carolina is that for some small towns, speeding tickets are less
about speeding than they are about revenue. For instance, a few
years ago I remember seeing an article about Cottageville and how
court fines there represented $230,350 of its $327,854 budget.
Another article in a similar vein two years ago talked about a
two-time trooper of the year recipient who contended there was a
ticket-writing quota system in the Highway Patrol.
The bottom line is that I don’t see why we would want to create
another way for people to be taxed by government if we are not
willing to enact market-based solutions that would impact people’s
behavior in a much broader way than a simple fine.
This is particularly important to me given my personal views on
any freedom we enjoy as Americans. Throughout my time in public
life, I’ve always worked from the premise that our Founding Fathers
viewed liberty, not safety from one’s personal actions, as the
greatest public value. I believe it is government’s role to
encourage prudent personal actions, not to criminalize poor
individual choices or the self-inflicted wounds that accompany them,
when simply exposing individuals to the real cost of their actions
would make a bigger difference than government’s sanction of
behavior.
Bad choices — whether getting too much sun, eating too much of
the wrong things or smoking — cause people to hurt themselves. As an
administration, we have tried to raise awareness of their effects in
everything from the prevention grants highlighted in my budget and
State of the State to our Family Fitness Challenge highlighting the
need for South Carolinians to be just a bit more active. Ultimately,
though, in a free world I believe people should be able to do things
that are both stupid and inherently self-destructive provided the
harm only comes to them — and they are not directly harming another
person.
It is for these reasons I believe government should be especially
circumspect when public policy dictates a review of government
policy toward individual behavior. For government to have legitimacy
in stepping into the territory of protecting people from themselves,
I believe it can only proceed if it institutes policy that maximizes
the intended consequence and allows individuals to directly bear the
cost of their behavior wherever possible so that personal choices
rather than government edict drive individuals to the outcome
society desires.
If we do these things, we will empower people to make decisions
that are good for them and for society as a whole. Despite the hard
work and good intentions of people I admire such as Sen. Greg
Ryberg, this bill hasn’t yet struck the balance between government,
individual choices and outcomes. Until it does, I think it is worthy
of further review by all of us in South Carolina.
Mr. Sanford is governor of South Carolina. |