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SC Safety Cartel fabricate false perception of public support for seatbelt law

 

January 12, 2006 – All seatbelt laws in South Carolina should be repealed immediately.  Not because of the pitfalls or merits of the device, but because of the corruption and lies told by the lobbyists and their puppets to orchestrate a perception of public support, which the overwhelming majority of the SC legislature believed or in some instances, help to create. 

 

The reported kingpin of the SC Safety Cartel is the South Carolina Public Safety Foundation, Inc.  This claimed 501(c)3 non-profit corporation as been reported to the Internal Revenue Service, SC Ethics Commission, Secretary of State, SC Attorney General’s Office, and the Governor’s Office for suspected tax code violations.  According to the IRS Publication 1828, Political and Lobbying Activities:

 

 In general, no organization may qualify for section 501(c)3 status if a substantial part of its activities is attempting to influence legislation (commonly known as lobbying).

 

The nonprofit, South Carolina Public Safety Foundation, Inc. reported to the Internal Revenue Service on July 16, 2004 (Form 990-EZ, Short Form: Return of Organization Exempt From Income Tax) that the Foundation had ZERO lobbying expenditures to influence public opinion, or grassroots lobbying. (Form 990-EZ, Page 5, Line 36)  According to their tax filing, the SC Public Safety Foundation spent only $10,100 on lobbying expenditures to influence the legislative body, or direct lobbying. (Form 990-EZ, Page 5, Line 37)  However, in an article, Ad crusade seeks end to Senate seat-belt stalemate, published by The State newspaper on March 28, 2004, it is reported that the SC Public Safety Foundation was sponsoring a $28,000 Internet and newspaper advertisement campaign to break the deadlock in the SC Senate regarding primary enforcement by launching the centerpiece of their ad campaign, noexcusesc.com. 

 

Built into this web site were e-mail links to members of the South Carolina Senate.  According to the web site host, The Rackes Group, the noexcusesc.com web site was able to generate 3,000 unique communications to the South Carolina legislature within a 24-hour period.   Incidentally, the Secretary / Treasurer of the South Carolina Public Safety Foundation and the Vice Chairman of Chernoff Newman, the ad agency hired to develop and launch noexcusesc.com, is the same person - David Anderson. 

 

The South Carolina Association of Nonprofit Organizations has offered nonprofits operating in South Carolina, guidance regarding when to lobby or not to lobby.  According to its “Are You Lobbying Reference Chart,” buying ad space that voices support to a piece of legislation and asking the public to contact their legislators in support of the proposed legislation is unequivocally lobbying.  Both South Carolina and the Federal Government define this type of lobbying as grassroots lobbying.  Consequently, the $28,000 that the SC Public Safety Foundation attempted to hide as a consulting fee, legally should have been listed on Line 36 of its July 16, 2004 Form 990-EZ. 

 

Why would the nonprofit not report this expenditure correctly?  In order to maintain its tax-exempt status, a nonprofit must meet what the IRS calls the Substantial Part Test and / or the Expenditure Test.  The South Carolina Public Safety Foundation appears to fail each of these tests.  The Substantial Part Test looks at the amount of time of the overall activities that was spent lobbying.  There is no evidence to be found that indicates the South Carolina Public Safety Foundation spent any time or energy whatsoever educating the public concerning safety on the roads and highways of South Carolina.  All information obtained by the Muckraker Report indicates that the Foundation worked exclusively the last two years on influencing the South Carolina legislature to pass a primary enforcement seatbelt law. 

 

The Expenditure Test requires that a nonprofit the size of the SC Public Safety Foundation only spend up to twenty percent (20%) of their annual operating budget on lobbying activities.  As reported on the Foundation’s Form 990-EZ dated July 16, 2004, it had total revenues of $77,123.  It is know that $10,100 was spent on direct lobbying and $28,000 was spent on grassroots lobbying.  Combined, this represents a total lobbying package of $38,100, which is forty-nine percent (49%) of the Foundation’s total revenue. 

 

Unless the SC Public Safety Foundation comes forward with additional information regarding its activities, revenues, and expenditures for the last two years that clearly illustrates its compliance with either of the qualifying tests, its 501(c)3 status should be withdrawal immediately, and penalties / fines levied against its members.  Additionally, its ability to serve as a Lobbying Principal in South Carolina should be suspended or permanently revoked.  

 

NOTE: The Muckraker Report is awaiting response to a Freedom of Information Act (FOIA) request made to the SC Ethics Commission requesting the last four Financial Disclosure Forms filed by the South Carolina Public Safety Foundation, Inc. 

 

In addition to the reported kingpin of the SC Safety Cartel, Don McElveen’s South Carolina Public Safety Foundation, its effort to directly and indirectly influence the SC legislature to pass the primary enforcement seat belt law was supported by lobbyists, Mia Butler, Lynn Stokes Murray, Alisa Mosley, and Coretta Bedsole.  These paid lobbyists were greatly supported by the South Carolina Department of Transportation’s Terecia Wilson. 

 

Terecia Wilson’s role in lobbying on behalf of the primary enforcement seat belt bill during the 2005 legislative session is obvious.  However, in its article by reporter John Monk, Women’s political savvy vital to seat-belt victory, Columbia, SC newspaper, The State wrote, “With her access to studies and contacts with national traffic safety groups, Wilson is South Carolina’s top highway safety authority.  As a state employee, she didn’t lobby – she only provided information.”  This statement is completely false.  Wilson did lobby.  Not only did she lobby. She provided biased and incomplete information to sway lawmakers to pass the primary enforcement seat belt bill into law.  In fact, in the same article, Monk said of Wilson, “Each Safety Chick (name given by Don McElveen to the Safety Cartel soldiers) had a different specialty, but none was more valuable than Terecia Wilson, 49, a nationally known road safety expert at the S.C. Department of Transportation.” 

 

According to SC Code of Laws, Title 2 Chapter 17 Section 2-17-10.13c “Lobbyist does not include: 

 

(c) Any duly elected or appointed official of employee of the State, the United States, a county, municipality, school district, or political subdivision thereof, or a member of the judiciary when appearing solely on matters pertaining to his office and public duties unless lobbying constitutes a regular and substantial portion of such official’s of employee’s duties

 

As reported by The State, Wilson is credited as providing crucial information to the legislators regarding how much money is lost in medical bills associated with unbuckled motorists in South Carolina.  According to an e-mail received from Stanley E. Shealy, SC Department of Transportation, the SCDOT does not compile nor maintain weekly, monthly, or annual reports on medical bills or hospital costs associated with unbuckled motorists in South Carolina.  Shealy said, “You might inquire to the SC Department of Public Safety.” 

 

Wilson’s appearing before the Senate and House Committees to provide information to the legislators that did not solely pertain to her office, disqualified her from the lobbyist exemption.  She was lobbying.  Furthermore, in response to a Freedom of Information Act Request made to the SCDOT by the Muckraker Report, it is beyond a reasonable doubt that Wilson did not provide quality data to the lawmakers.  She was acting at the taxpayer’s expense, as an advocate and surrogate of paid lobbyists. 

 

When asked for standard proof of any receipts of monies received by the SCDOT in the last 36 months as payment for information, documentation, research, copying, postage, etc. resulting from any FOIA Request made to the SCDOT by members of the SC Safety Cartel, (SC Public Safety Foundation, Don McElveen, Mia Bulter, Alisa Mosley, Coretta Bedsole, and Lynn Stokes Murray), the SCDOT responded by saying, “the Safety Office has no documents.”  The fact that the SCDOT and its employee, Terecia Wilson, played such an important role for the SC Safety Cartel yet show no FOIA Request made to it by the Cartel, or any receipt whatsoever for even a copying fee, which the general public is required to pay when it receives copies of SCDOT documentation, clearly demonstrates the SCDOT and Wilson were aiding and abetting the Cartel with taxpayer resources and at the taxpayers expense. 

 

When asked for a list that summarized what information the SCDOT did give the SC Safety Cartel, the SCDOT said, “the Safety Office has no documents.  Such a list does not exist.”  When asked if any information, documentation, or man-hours of SCDOT employees in support of the aforementioned lobbyists was made / provided free of charge, and if so, to provide summary of each item presented or provided, and explanation why such was provided free of charge, the SCDOT said, “the Safety Office has no documents.  Such a summary does not exist.” 

 

What is even more compelling is the question asked in the Muckraker Report’s FOIA Request to the SCDOT that it decide to avoid answering.  The SCDOT was asked for any proof / evidence that Terecia Wilson provided unbiased information or comments regarding the medically definable Seat belt Syndrome, which is the term used by the medical community when articulating the injuries that occur as a direct result of wearing a seatbelt.  The SCDOT declined to answer this question in the FOIA Request. 

 

As a state employee called upon to provide statistic information to legislators that could influence their decision regarding a piece of legislation, Terecia Wilson had a professional, moral, and ethical responsibly to present all the information pertaining to the subject matter.  There is no record of Wilson ever uttering the medically accepted and recognized phrase, Seat Belt Syndrome.  She provided the lawmakers who called upon her for her expertise with no reports or information pertaining to seat belt caused seromuscular tears or other intestinal lesions.  Instead, as Senator Joel Lourie, D-Richland said regarding information provided to him by Wilson pertaining to the likelihood of wearing a seat belt and it causing death, she (Wilson) told Lourie that it is only a “fraction of a fraction of a percent of accidents in which people died.” 

 

When provided facts obtained by the South Carolina Libertarian Party which clearly demonstrated that seat belts sometimes cause greater injury or even death and therefore the government had no right to mandate the usage of seat belts, Senator Greg Ryberg, R-Aiken said, “It’s unfortunate that it is not 100 percent foolproof.” 

 

In her June 28, 2005 letter to the South Carolina Chapter of the American Society of Safety Engineers congratulating their efforts in helping to get the primary enforcement seat belt law passed, Wilson wrote, “Your chapter’s efforts in mobilizing driver education teachers and parents of driver education students, as well as involving the Palmetto Chapter of the National Safety Council and their membership, to correspond (grassroots lobbying) with legislators and the Governor was a key factor in securing passage in the House of Representatives and in the bill ultimately becoming law.”  If this isn’t lobbying on the taxpayer’s dime and at the taxpayer’s expense, what is?  Wilson’s words and lack of words show that she lacks the ability to separate personal agendas from her job description.  She had a responsibility to provide truthful, honest, complete information to the legislators, but instead chose to only provide information that supported her desire to mandate that every driver or occupant of a motor vehicle in South Carolina wear a seat belt – even though it is an absolute fact that for a percentage of the population, her mandate will result in further injury or even death. 

 

The other SC Safety Cartel lobbyists, Bulter, Murray, Bedsole, and Mosley, each need to be investigated.  The money trail needs to be followed, particularly when looking at the campaign contributions made by Murray’s clients.  For instances, Lynn Stokes Murray represents the SC Society of Ophthalmology, which made approximately $30 thousand in campaign contributions during October and November 2004.  $27 thousand or 86.3% of which went to Republicans in the Statehouse.  Murray did return the first phone call made to her by the Muckraker Report, but her call was missed.  When Muckraker called Murray back, she was left a message asking if their was any connection whatsoever with one of her clients, the SC Society of Ophthalmology and the passage of the primary enforcement seat belt law.  Murray has yet to respond to that voice mail message.  Why would the SC Society of Ophthalmology prime the legislators prior to the legislative session in which primary enforcement was to take center stage?  Records show that there was little if any legislation introduced in 2005 that could reasonably be seen as important to a society of eye doctors, so what was the meaning behind its dumping $30 thousand into the Statehouse? 

 

The passage of the South Carolina primary enforcement seat belt law is a fraud, farce, and wrought with deception, unethical agendas, and violations of tax codes and lobbying laws.  More will be revealed soon.  In the meanwhile, fasten your seat belts and keep all arms and legs inside your car until it comes to a complete stop.  Stay tuned. 

Freelance writer / author, Ed Haas, is the editor and columnist for the Muckraker Report.  Get smart.  Read the Muckraker Report.  [http://teamliberty.net]  To learn more about Ed’s current and previous work, visit Crafting Prose.  [http://craftingprose.com]   

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