Posted on Fri, Mar. 04, 2005


Seat-belt law takes unexpected detour
Opponents steer legislation to House committee

Staff Writer

A tougher seat-belt enforcement bill hit a major roadblock in the House Thursday when lawmakers sent it back to a committee for review.

Opponents orchestrated the maneuver with the hope that the bill will languish in the Education and Public Works Committee and never make it back to the House floor for a vote.

“I dislike virtually every aspect of this bill,” said House Majority Leader Jim Merrill, R-Berkeley. “If it never gets out, that’s fine with me.”

The bill, which passed the Senate last month, would allow police to stop any motorist not wearing a seat belt and issue a $25 fine, plus court costs. The violation would not count against the driver’s insurance rates.

The law now allows police to issue a ticket for not wearing a seat belt only if a driver is stopped for another violation.

A mandatory seat-belt law would save lives by encouraging safety, proponents say. Others fear it would infringe on individual freedom and could lead to racial profiling.

The effort to quash the bill began Wednesday night. Supporters were taken aback by the move because the House had twice passed similar versions.

In 2003, the House voted 65-46 in favor of a seat-belt law.

“We’re surprised and disappointed,” said Tracy Tisdale, executive director of S.C. Mothers Against Drunk Driving. “We’ll have to go back and mobilize our supporters to get this passed out.”

House leaders say changes in Senate rules have stripped away a layer of political cover for some House members who originally voted for a seat-belt law.

When the House initially passed the bill in 2003, Senate President Pro Tem Glenn McConnell made good on his promise to block it with a filibuster.

Rules changes enacted this year took away some of that power to hold up legislation and the bill passed by a 33-12 vote.

“We always knew McConnell was going to kill it, so it really wasn’t that much of a concern before,” said Merrill, who never supported a seat-belt law.

Before the House voted to send the bill back to committee, opponents tried to bog it down by attaching a series of amendments.

One would have banned the sales of cars that would go faster than 15 mph if the driver isn’t wearing a seat belt.

Some newer House members were unhappy about the wrangling.

“If our responsibility is not to ensure the health and safety of the people of South Carolina, then I don’t know what we’re doing here,” said Joan Brady, R-Richland. “This is all about lobbying up here.”

Even if the bill does make it back to the House floor, it’s fate would be uncertain. While supporters insist they have more than enough votes, Gov. Mark Sanford could block it.

Sanford earlier said he did not support the Senate version of the bill, but stopped short of saying he would veto it if it hit his desk.

Reach Stensland at (803) 771-8358 or jstensland@thestate.com.





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