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THURSDAY, MAY 19, 2005 12:00 AM

Seat-belt bill finally clicks in House

BY JOHN FRANK
Of The Post and Courier Staff

COLUMBIA--After more than three hours of fierce debate Wednesday, the House approved a bill to toughen seat-belt enforcement in South Carolina.

The bill, which passed 81-34, allows law enforcement officers to stop and issue a $25 fine to motorists not wearing seat belts.

Today, officers can ticket drivers 18 and over for not wearing seat belts only if they are stopped for other violations or if children aren't properly restrained.

The bill now heads to the Senate, which must decide whether to agree with the House changes. If eventually approved by the Legislature, it still faces an uncertain future because Gov. Mark Sanford has voiced opposition to it.

Past efforts by the Legislature to add teeth to the law failed in the Senate. This time, the Senate passed a bill first, but it nearly died in the House, with foes arguing that it infringes on personal freedom.

Two months ago, it was virtually dead after a group led by Majority Leader Jim Merrill, R-Daniel Island, had it sent back to committee.

But supporters, including Speaker David Wilkins, R-Greenville, revived the bill earlier this month. They argued that it would reduce fatal accidents and bring in millions of dollars in federal grant money.The friction between Merrill and Wilkins has created tension in recent weeks for members of the normally united House Republican Caucus.

Merrill fought adamantly from the podium to add amendments that would poison the bill and get it voted down. One would have increased the penalty for not wearing a seat belt to $400.

From the pulpit above, Wilkins chided Merrill for "cross-examining" members who disagreed, but he largely avoided direct confrontation with his top lieutenant.

Mostly because Wilkins knew he had Merrill outnumbered.

"You try to beat a bill a lot of ways," Wilkins said. "You try to beat it by watering it down, and you try to beat it by loading it up so it falls on its own. It's part of the process."

The 3-1/2 hours of wrangling included defeat of a motion to go to lunch.

Members decided to stay in session and work on the bill, hearing dozens of proposed amendments and speeches by opponents.

In the end, a majority voted for the bill, using one hand to press the "yea" button and the other to hold a sack lunch.

Amendments approved included one forcing law enforcement to collect data about the traffic stops as a way to ward off racial profiling. Another requires the Department of Public Safety to implement education programs aimed at rural and minority communities.

Other provisions mandate that court costs can't be tacked onto the fine and direct the money to the state Amber Alert fund.

A violation would be a civil action, not reported on the driver's record or to insurers. The infraction also can't be used in court when assessing damages related to an accident.

Senators who support the bill roamed the House chamber during the debate. They applauded the vote and noted it's likely strong enough to override any potential veto.

"We are one step closer," said Sen. Greg Ryberg, R-Aiken. "It gets down to the bottom line of saving lives, preventing injuries and saving money."

HOW THEY VOTED

The House vote on a bill that permits primary enforcement of seat-belt use. It passed 81-34.

Democrats in favor:

Floyd Breeland, Charleston; Robert Brown, Hollywood; David Mack, North Charleston; Seth Whipper, North Charleston; Vida Miller, Pawleys Island; Bill Bowers, Hampton; and Joe Jefferson, Pineville.

Republicans in favor:

Chip Limehouse, Charleston, and Ben Hagood, Mount Pleasant.

Democrats against:

None

Republicans against:

Tom Dantzler, Goose Creek; David Umphlett, Moncks Corner; John Graham Altman, Charleston; Wallace Scarborough, Charleston; Jim Merrill, Daniels Island; Shirley Hinson, Goose Creek; and George Bailey, St. George.

Not voting:

Bobby Harrell, R-Charleston; Annette Young, R-Summerville; and Converse Chellis, R-Summerville.


This article was printed via the web on 5/20/2005 10:59:01 AM . This article
appeared in The Post and Courier and updated online at Charleston.net on Thursday, May 19, 2005.