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The New Media Department of The Post and Courier

THURSDAY, FEBRUARY 03, 2005 12:00 AM

SENATE SAYS BUCKLE UP SHOULD BECOME S.C. LAW

BY JIM DAVENPORT
Associated Press

COLUMBIA--The South Carolina Senate passed a tougher seat-belt bill Wednesday that will allow police to stop drivers who are not buckled up.

The same legislation mired in the Senate last year and was one of the reasons for the legislative body changing its rules to curb filibusters.

The 32-11 vote came after hours of debate during the past week.

The bill gives police authority to stop drivers for not wearing seat belts. Under current law, drivers age 18 and older not wearing seat belts can be cited only if they are stopped for another offense or if children in the car are not properly restrained. The seat-belt bill and the current law allow fines of $25.

Seat-belt offenses can't be reported to insurance companies, shared with juries weighing fault and compensation in courts or end up on driver records.

The measure now goes to the House, where a similar bill was approved last year. If it reaches Gov. Mark Sanford's desk and wins his signature, South Carolina would join 21 states, including Georgia and North Carolina, that have primary seat-belt enforcement laws.

Opponents of the seat-belt bill ditched plans to stall a vote Wednesday afternoon after an informal vote count.

"I hope the governor of this state vetoes this bill," Senate President Pro Tem Glenn McConnell, R-Charleston, said. McConnell has been the bill's key opponent, worrying about enforcement tactics and saying the law would infringe on personal freedoms.

McConnell and others called the seat-belt bill "feel-good" legislation and said it likely would cause police to set up stops solely for the purpose of writing $25 tickets.

"This could have been a good bill if it was actually aimed at saving lives instead of getting money," said Sen. Jake Knotts, R-West Columbia.

McConnell said the bill's opponents came into this year's session with fewer people on their side. A filibuster or other delaying tactics would have been futile.

Transportation Committee Chairman Greg Ryberg, R-Aiken, said he was glad the Senate finally got to vote on the bill. "I think we did the will of the people," Ryberg said.

The legislation is "just one of those cases where we can save lives by passing a bill," Sen. Brad Hutto, D-Orangeburg, said.

But the legislation does not go far enough to suit others.

The governor wanted a tougher bill, Sanford spokesman Will Folks said.

"Do we want fig-leaf legislation that covers up enough of the problem just so you can say you're doing something, or do you want to advance reforms that make a difference in the outcomes we all are looking for, which is safer roads and fewer fatalities?" Folks said.

Insurance companies and juries should know if drivers aren't buckled up, Folks said.

"Admitting seat belt evidence in the courtroom would go a lot further in influencing behavior than a nominal fine," he said.

Ryberg said the 32 votes that passed the bill Wednesday would be enough to override a veto.

HOW YOUR SENATOR VOTED

A "yes" vote was to give final approval to a bill allowing police to stop adult drivers who are not wearing seat belts and a "no" vote was to stop passage.

Democrats Voting Yes

John Matthews, Bowman

Republicans Voting Yes

Ray Cleary, Murrells Inlet

Democrats Voting No

Clementa Pinckney, Ridgeland

Republicans Voting No

Chip Campsen, Isle of Palms; Larry Grooms, Bonneau; Glenn McConnell, Charleston; Bill Mescher, Pinopolis; Randy Scott, Summerville

Those Not Voting

Robert Ford, D-Charleston


This article was printed via the web on 2/3/2005 2:47:32 PM . This article
appeared in The Post and Courier and updated online at Charleston.net on Thursday, February 03, 2005.