Gov. Mark Sanford needed more than 1,000 words
Thursday to describe why he couldn't use just two words -- his name -- to
ratify or veto a bill that gives police officers the authority to pull
over drivers who aren't wearing seat belts.
Sanford's letter to Lt. Gov. Andre Bauer and members of the Senate
followed his decision to let the controversial measure become law without
his signature. The move was a surprise to many who thought the governor
might veto the bill since he had previously criticized it for not being
strong enough.
The new law, which goes into effect in six months, gives police the
power to pull over drivers who fail to buckle up. The punishment is a $25
fine, though no points are added to a driver's record. The law also
prevents citations from being admissible in court or turned over to
insurance companies.
Today, police can't issue a ticket for not using seat belts unless the
driver is stopped for another violation. Sanford wrote that this is the
only law he can find in which police can witness a violation without being
allowed to arrest someone.The heart of Sanford's argument is that the 1989
law mandating the use of seat belts is flawed. While he disapproves of
that law, it is on the books.
"Were the question of whether or not to mandate seat-belt usage before
me today," Sanford wrote, "I would veto the bill because I don't believe
it is the role of government to protect people from themselves."
Outlawing tobacco and high-fat diets also would protect people from
themselves, he wrote, adding that the founding fathers valued freedom
above safety in such instances.
"[M]y view has always been that while we ought to have fewer laws, the
laws in place should be enforced," he wrote.
The new seat-belt law simply applies an enforcement mechanism to the
1989 law, he wrote.
So he let it become law without his signature. He didn't sign it
because he opposes it philosophically, and he didn't veto it because he
felt police need it.
In the end, his efforts to clarify his position may leave some
scratching their heads. "If you can't whip them, confuse them," said
Francis Marion University political scientist Neil Thigpen. "It's
Libertarianism to the nth degree. What he said is 'yes' but 'no.' "
After writing for the better part of five paragraphs about how
government shouldn't interfere in people's lives, Sanford closed by
writing that he didn't feel the law went far enough. Specifically, he said
whether someone had worn a seat belt should be admissible in court cases.
"(If) there is a future review of this bill," he wrote, "I want to be
clear in my commitment to veto any further changes unless they (include)
admissibility in the courtroom for seat belt usage."
To summarize: No, yes and don't you dare, wrote the governor.
Thigpen said stepping aside and allowing a bill to become law rarely
provokes such explanations. "This way he is a party to it, but he is not a
party to it," Thigpen said. "That's Sanford for you."
Thigpen summed up the governor's message as "pure Sanfordism."
Lawmakers said this has been a tough issue for the governor. "I think
he really did wrestle with it," said Sen. W. Greg Ryberg, R-Aiken, sponsor
of the legislation. "He looks at it as a small step. It doesn't address
the real problem."
Seat-belt advocacy groups celebrated. South Carolina is the 22nd state
to pass such a law, according to the nonprofit National Safety Council.
Twenty-seven other states have laws similar to South Carolina's existing
one. New Hampshire, where the state motto is "Live free or die," is the
only state that has no seat-belt law.
John Ulczycki, director of the organization's Transportation Safety
Group, said only about 65 percent of South Carolina drivers buckle up, a
number his organization expects to climb above 75 percent. He said studies
show tougher laws are likely to save the lives of younger drivers, who are
more afraid of getting a ticket than being killed in a wreck.
"There will be fewer funerals in South Carolina as a result of this
law," he said.
ENFORCEMENT
New: Can stop any car with unbelted driver or passenger.
Old: Could stop cars only if someone younger than 18 was
unbelted; adult drivers could be ticketed for failing to wear a seat belt
only if they were stopped for another offense.
FINES
New: Maximum $25 per person, $50 per car. No court fees or other
surcharges can be added; fines cannot be suspended.
Old: $25, and could be suspended.
VEHICLE SEARCHES
New: Police cannot search vehicles at stops made only for
seat-belt violations unless they have probable cause.
Old: Searches were allowed during seat-belt stops.
RACIAL PROFILING
New: Police will have to gather data on race, gender and age
at traffic stops even if a ticket is not issued.
Old: Information was gathered only if tickets were issued.
EXEMPTIONS
New: Delivery drivers, back-seat passengers with access only to
lap belts and children younger than 6 who are being fed or under distress
are no longer exempt from the law.
DRIVER RECORDS
New: Bars state from reporting seat belt offenses to insurance
companies.
Associated Press
LETTER
Sanford's letter of transmittal to Lt. Gov. Andre Bauer outlining his
reasons for allowing S. 1, the primary seat belt enforcement bill, to
become law without his signature last night at midnight.
Sanford's
letter
(Requires Adobe Acrobat, this is a PDF
file)