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Posted on Sun, Mar. 14, 2004

Buckle up or lose $11 million


McConnell fighting strict seat-belt law backed by Bush administration



Columnist

As people continue to needlessly die on S.C. roads, Senate President Pro Tem Glenn McConnell’s delaying a vote on a strong seat-belt law may be costing more than lives.

McConnell is not just defying a majority of the 46-member S.C. Senate that he leads — now he’s defying President Bush, who leads his political party.

Under a Bush administration bill in Congress, South Carolina could get $11 million more in federal highway money next year — but only if it passes a strong seat-belt law.

The $11 million is part of a proposed Bush plan to save lives in the 29 states with weak seat-belt laws, including South Carolina.

“We can’t afford as a country to continue suffering the human and economic costs of injuries that are clearly preventable,” said Leonardo Alcivar, spokesman for Bush’s transportation secretary, Norman Mineta.

Mineta is speaking out on behalf of stronger seat-belt laws and would consider coming to South Carolina if invited, Alcivar said.

“This is not conservative or liberal or any ideology,” Alcivar said. “The thing is, we have an obligation to do everything we can to prevent needless deaths and injuries.”

States with strong seat-belt laws have significantly higher seat-belt usage. Consequently, more people escape death and serious injury in wrecks in those states.

The latest state and federal figures say if South Carolina had a stronger seat-belt law, it would save 100 lives a year, prevent numerous serious injuries and stop $140 million in unnecessary medical expenses.

‘PEOPLE ARE DYING’

Meanwhile, the State Senate is scheduled once again — this time on Wednesday — to begin debate on a proposed strong seat-belt law. It has already passed the S.C. House.

At last count, 28 of the 46 senators — a decided majority — have said they will vote for a strong seat-belt law.

But McConnell has signaled he will filibuster to kill it.

“It’s unconscionable for McConnell to stall this,” said state Rep. Joel Lourie, D-Richland, the leader of the strong seat-belt law in the House. “People are dying.”

Said State Sen. John Land, D-Clarendon, “He’s (McConnell) causing people in South Carolina to lose their lives.”

McConnell refused comment.

In past public statements, he has made little note of the high number of road deaths in South Carolina, which has the nation’s third highest highway death toll.

Instead, McConnell uses the seat-belt issue to portray himself — in the tradition of America’s founding fathers — as a protector of individual liberties. He says people should be free from police “harassment” if they choose not to wear a seat belt.

McConnell’s opinions not only conflict with President Bush’s safety policies, they go against virtually every expert — law enforcement, traffic and public health, state and federal — who has studied highway traffic deaths in South Carolina and the nation.

In South Carolina, highway deaths are soaring this year — 180 through Thursday compared with 126 through the same time period last year. Of those deaths, 163 happened in vehicles with seat belts available. Of the 163 dead people with access to seat belts, 127 were not wearing them.

‘LIBERTIES ARE NOT FOR SALE’

Experts say, with a strong seat-belt law, more South Carolinians would wear seat belts, and more lives would be saved.

That’s been the experience in other states that have gone from a weak seat-belt law to a strong law.

In Alabama, for example, highway deaths dropped to 990 in 2000, the year after that state passed a primary seat-belt law. The year before, road deaths numbered 1,142.

Statistics like that have little impact on McConnell, a feared and respected figure in the State Senate. He is so powerful his filibuster may succeed, even though his side is a minority.

As president pro tem and Judiciary Committee chairman, McConnell has substantial power over bills and pet projects. Any senator who offends McConnell risks having his proposals killed.

“That seat-belt bill will succeed only if McConnell dies or retires,” said state Sen. Arthur Ravenel, R-Charleston.

Once a senator starts a filibuster, it takes 28 votes to cut him off.

Some senators who favor a stronger seat-belt law say they won’t vote to stop a filibuster by McConnell — even though it means more South Carolinians will die needlessly on state roads.

“All of us senators are reluctant to sit him down,” said Sen. Kay Patterson, D-Richland. Patterson said he would “never” vote to end McConnell’s filibuster because some day he, Patterson, might want to filibuster.

A handful of other senators are with McConnell, R-Charleston.

Sens. John Kuhn, R-Charleston, and Jake Knotts, R-Lexington, have indicated they will help McConnell filibuster.

Kuhn said in an interview that the $11 million that South Carolina could get from the federal government if it passes a primary seat-belt law is “bribery” and is in violation of the U.S. Constitution.

Knotts said of the possible $11 million in federal money, “My people’s liberties are not for sale to the federal government.”

‘IT IS UNFORTUNATE’

It’s already the law in South Carolina that motorists have to wear a seat belt but, because it’s a weak law, it’s not generally enforced.

“It is unfortunate” that some state senators see this as bribery, said Transportation spokesman Alcivar.

Alcivar said some members of Congress want to force a strong seat-belt law on the states.

“The reality is, the Bush administrations favors incentives instead of federal requirements,” Alcivar said.

State Sen. David Thomas, R-Greenville, said senators favoring a stronger seat-belt law have an uphill battle, “Nobody’s going to try to roll Glenn McConnell.”

The $11 million offered by the federal government may help some senators change their minds, said Sen. Wes Hayes, R-York.

“As tight as money is in the state budget, that may be a major factor,” Hayes said.

In South Carolina, only about 66 percent of drivers wear seat belts, well below the national average of about 75 percent. In states with strong seat-belt laws, an average of 80 percent of drivers wear seat belts.

South Carolina is one of 29 states that has a weak, or secondary, seat-belt law. It allows police to issue citations for seat-belt violations only if they spot the driver in another violation.

A primary, or strong, seat-belt law allows police to cite a driver without seeing a second offense.

Law enforcement and traffic safety officials say a strong seat-belt law saves lives because more people wear seat belts due to publicity about the law and fear of citation.

“It’s probably the most cost-effective tool we have to save lives and reduce injuries,” said Bob Dallas, director of the Georgia Governor’s Office of Highway Safety.

Since passing its primary seat-belt law in the mid-1990s, Georgia has seen its highway death rate drop to 1.43 per 100 million miles from 1.8, he said.


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