Hawkins raps veto of child safety bill

COLUMBIA -- Sen. John Hawkins and other local lawmakers on Thursday accused Gov. Mark Sanford of putting the interests of insurance companies ahead of child safety after he vetoed a bill that would increase fines for drivers who don't properly buckle up children in their cars.

The bill would increase the fine from $25 to $150, but the fine would be waived if the parents provided proof that they had purchased proper child restraints.

Sanford issued the veto Wednesday because he opposed a provision that prevented violations from being presented as evidence in lawsuits arising from accidents.

"The domain of personal judgment should be preserved as people make these types of decisions and, likewise, individuals should know that if they make the wrong decision and are in a wreck, they may not be able to collect damages that would otherwise be afforded to them and their families had they made a different decision," Sanford wrote in his veto message.

Sanford wrote that government intervention undermines parental responsibility and authority.

"It has been proven that it is more dangerous to drive at night or in the rain -- are these times when parents should be penalized for taking those additional risks with the lives of their children?" he wrote. "Different parents have very different views on the degree to which activities around the house are dangerous. Folks in the country view certain activities as just part of growing up while people in the city might see them as life-threatening. Should a parent look at custodial arrest because society at large

holds a different view of risks they have deemed acceptable within their own family? Should government-manufactured safety seats financed with your tax dollars ultimately be a requirement in all cars?"

Sen. John Hawkins, R-Spartanburg, who co-sponsored the bill, said the veto protects parents who endanger their children's lives and benefits the insurance industry.

"The only reason the defense would want to introduce that a child was not secured would be to keep the child from receiving (monetary) damages," Hawkins said. "All that does is punish a child who is not at fault."

Hawkins, an attorney, said Sanford's argument is wrong because even if violations were admissible, the court could not hold the infraction against the child.

"If an adult doesn't wear a seat belt, they are making a conscious decision," Hawkins said. "A child can't appreciate the danger."

Hawkins also said Sanford picked the wrong bill to veto if he wanted to send a message about personal responsibility. He said it would have made more sense to veto the bill that allows law enforcement to stop motorists for not wearing seat belts -- a bill approved last year that Sanford allowed to become law without his signature.

Sanford said then that he would veto any other proposals that did not allow violations to be brought in front of jurors in civil cases.

"That bill imposed on adults' personal freedom," Hawkins said. "This bill affects children who can't make their own decisions."

Rep. Ralph Davenport, R-Boiling Springs, said Sanford's veto protects "irresponsible" people as well as the insurance industry.

"I don't think there's anyone on the planet who has been here any length of time who doesn't understand that safety restraints work," Davenport said. "What the governor needs to do in this case is protect the children."

Sanford spokesman Joel Sawyer said the governor was not looking out for the insurance industry.

"That seems to me to be the pot calling the kettle black when there are so many lawyers in the Legislature who are making tons of money off the current law," he said.

Sawyer said that making violations admissible in lawsuits would be more likely than a heavier fine to make parents put their children in safety seats.

"At the end of the day, what's a better incentive -- a nominal fine or knowing that you could cost yourself thousands upon thousands of dollars in a court of law?"

Hawkins said most people don't understand admissibility, but they do understand fines. He said he would work to get the veto overridden.

"I want to support this governor, but when it comes to the health, safety and welfare of our children, I must respectfully disagree."

Robert W. Dalton can be reached at 562-7274 or bob.dalton@shj.com.