Author: Paul Gable

Proposal for S.C. Transportation Reform

A bill introduced into the S.C. Senate last week provides hope for transportation reform in the state by dissolving the State Infrastructure Bank and folding its duties into the S.C. Department of Transportation.

The bi-partisan transportation reform bill, S-209, is co-sponsored by Sen. Harvey Peeler (R-Cherokee) and Sen. Vincent Sheheen (D-Kershaw). It proposes to restructure the state’s transportation agencies, better coordinate the highway construction process and eliminate irresponsible over-borrowing.

Peeler said the bill was needed to make sure road funding was a merit based and need based process.

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Judge John Rakowsky Sued in Nevada

Attorney and Lexington Chief Magistrate Judge John Rakowsky will have to answer charges in a Nevada lawsuit that he misappropriated funds from his trust account intended for legal expenses in the Southern Holdings case.

The action, Case No. 2:12-cv-02161-GMN-CWH, was brought by Center for Legal Reform (CLR), a Nevada Non-profit Corporation as successor in trust to Resolution Settlement Corporation (RSC), a former Nevada corporation.

The suit brings four causes of action, Breach of Contract, Breach of Implied Covenant of Good Faith and Fair Dealing, Intentional Misrepresentation and Conversion of Property.

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Judge John Rakowsky Sued in Nevada

Attorney and Lexington Chief Magistrate Judge John Rakowsky will have to answer charges in a Nevada lawsuit that he misappropriated funds from his trust account intended for legal expenses in the Southern Holdings case.

The action, Case No. 2:12-cv-02161-GMN-CWH, was brought by Center for Legal Reform (CLR), a Nevada Non-profit Corporation as successor in trust to Resolution Settlement Corporation (RSC), a former Nevada corporation.

The suit brings four causes of action, Breach of Contract, Breach of Implied Covenant of Good Faith and Fair Dealing, Intentional Misrepresentation and Conversion of Property.

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Addresses, Donations and SC House District 17

What is it about a certain candidate in the SC House District 17 special election that runs for office with varying addresses?

Can you run for office out of a PO BOX? Apparently in Greenville County you can.

In the race for House District 17 in North Greenville County, five people are running for office. All of them have street addresses except one, Christopher Sullivan. This is the same Christopher Sullivan that ran for Senate District 6 against incumbent Mike Fair in the 2012 GOP primary and lost.

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State Bills Would Outlaw Flow Control

Bills introduced in the South Carolina House and Senate at the beginning of this new legislative session would end the government enforced monopoly on solid waste disposal currently in force in Horry County.

For four years, the Horry County Solid Waste Authority, at its Hwy 90 landfill, has been the recipient of all solid waste generated within the county thanks to a flow control ordinance passed by Horry County Council in early 2009.

The ordinance was enacted because the SWA was losing money to private haulers that were able to dispose of construction and demolition waste more cheaply at private landfills in other counties.

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Ethics Reform Discussion on Wrong Track

The current discussion on ethics reform for public officials in South Carolina appears to be veering off the main track that will establish public confidence in the governing process.

The discussion this week appears to be about additional funding for the S.C. Ethics Commission. Extra funding is necessary for this agency, which has been way underfunded for way too long.

According to ethics commission director Herb Hayden, approximately 70 percent of the funding for the agency’s budget comes from fees and fines.

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Bill Fixes Election Filing Requirements

The South Carolina Senate moved quickly in this new session to clear up candidate election filing requirements so that, hopefully, another filing disaster, like the one that occurred for the 2012 general elections, will be avoided.

Under the new rules, incumbents and challengers both must file a Statement of Economic Interests electronically with the S.C. Ethics Commission prior to filing a Statement of Intention of Candidacy or Nomination for Petition.

A party executive committee may not accept a SIC unless the committee has verified that the candidate has electronically filed a SEI.

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Hidden Woods Special Tax Bonds

Third and final reading of an ordinance approving the sale of $850,000 in bonds for the Hidden Woods Special Tax District should sail through county council tonight.

Third reading approval is included on the consent agenda of council, meaning it will not be discussed and will receive approval as part of the overall consent agenda unless a council member pulls it off for individual consideration.

The property owners in the Hidden Woods tax district received a shock when their property tax bills arrived in the mail. This was the first year that the special tax for road improvements was included and many homeowners saw their property taxes more than double. This extra assessment is scheduled to run 15 years.

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Court Upholds Horry County Flow Control

Horry County may continue government monopoly flow control of its garbage waste stream, according to a ruling in federal district court last week.

The ruling dismissed the 2009 lawsuit by Sandlands LLC and Express Disposal Service challenging the legality of a county ordinance requiring all solid waste generated within Horry County be disposed of at the Horry County Solid Waste Authority landfill off Hwy 90.

With the dismissal, Horry County and the SWA will continue to exercise monopoly control over the county’s waste stream at the expense of a competitive market and private industry.

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Internet Sweepstakes Growing in South Carolina

A recent ruling by the North Carolina Supreme Court outlawing internet sweepstakes games has led to a strong push by the internet sweepstakes industry into South Carolina.

There is no state law that specifically addresses the issue of internet sweepstakes gaming parlors or machines. Bills have been pre-filed in both the S.C. House and Senate to close the loophole in the law during the legislative session beginning next week.

Throughout the state, judges interpreting the current state laws prohibiting gambling, have come down on both sides of the issue. In some areas internet sweepstakes games have been declared legal, in others not.

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