South Carolina General Assembly
109th Session, 1991-1992
Journal of the House of Representatives

FRIDAY, MAY 29, 1992

Friday, May 29, 1992
(Local Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

O Lord our God, we thank You for these moments of prayer that set us free from the tumult of the world about us and the drive of daily duties. Abide with us with Your overarching presence. We thank you for work, and for strength with which to do it. Save us from focusing on the faults of others and from tongues tuned to criticism. Keep us steadfast in things that matter. Spare us from mistaking our will for Your will. We thank You for those who impart wise counsel and friends who encourage us, for families who share our efforts and heal our wounds.

May our every thought, word and deed obey Your teachings and honor Your Name. Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

REPORT RECEIVED

The following was received.

South Carolina Legislative-Governor's Committee
on
Mental Health and Mental Retardation
Report on The
One Hundred and Ninth General Assembly of South Carolina
Introductory Statement
May 1992

To the Honorable Carroll A. Campbell, Jr., Governor of South Carolina, and Members of the General Assembly of South Carolina:

The South Carolina Legislative-Governor's Committee on Mental Health and Mental Retardation is pleased to offer their Report on the One Hundred and Ninth General Assembly of South Carolina for your consideration.

The Committee is divided into two distinct working subcommittees. Senator Bryan chairs the Mental Health Subcommittee. Senator Hinds, Representative Mattos, Representative Patrick B. Harris, Ms. Naomi Dreher, and Mr. Jim Harrison complete the membership of the Mental Health Subcommittee. Their hard work has resulted in legislation designed to better serve the people with mental health problems in South Carolina. Representative Carnell chairs the Mental Retardation Subcommittee. Senator Peeler, Senator Fielding, Representative Jean L. Harris, Representative Mattos, Ms. Nancy Banov, and Mr. Jack Barnes complete the membership of the Mental Retardation Subcommittee. Their work has resulted in landmark changes for persons in South Carolina who have mental retardation and related disabilities.

The Committee has been involved in several special projects throughout this two year session, and has extensive plans for the next two year session.

We wish to thank the many people who have shared their time with us for the sake of people with mental health problems and mental retardation.

Respectfully submitted,

Rep. Patrick B. Harris,     Senator James E. Bryan, Jr.

Chairman         Vice-Chairman
Senator Harvey S. Peeler, Jr.     Rep. Marion P. Carnell
Rep. Jean L. Harris     Rep. James G. Mattos
Senator Herbert U. Fielding     Senator Douglas L. Hinds
Mr. Jack W. Barnes     Ms. Nancy L. Banov
Ms. Naomi Dreher     Mr. James Harrison

BRIEF HISTORY

The Committee was created in 1957 by Concurrent Resolution H. 1895 and was called the Committee to Study Public and Private Facilities for Mental Health and Mental Laws of South Carolina. Senate Resolution S. 648 of 1958 and Senate Resolution S. 76 of 1959 continued the Committee's existence for two years until Act 889 in 1960 created a permanent study committee. The Committee's name was changed to the Legislative-Governor's Committee on Mental Health and Mental Retardation by Act 617 of 1967. Act 38 of 1973 increased the size of the Committee from nine to twelve members and expanded the Committee's scope to include the study of "mental retardation and mental retardation institutions."

The Committee continues to operate pursuant to Act 38 of 1973 (Sections 2-39-10 and 2-39-20 of 1976 Code of Laws of South Carolina). This Act provides for a twelve member committee: four Senate members appointed by the President of the Senate, four House members appointed by the Speaker of the House, and four Gubernatorial appointees.

MH/MR COMMITTEE, DMH, DMR BUDGETS

The Committee is allocated $102,475 annually and is currently authorized for three positions.

The Department of Mental Health and Department of Mental Retardation are allocated the seventh and tenth largest budgets respectively. Together, these agencies receive 7% of the General Fund. The MH/MR Committee monitors the budget process as it effects these two agencies and the populations they serve.

COMMITTEE LEGISLATION PASSED
1991/1992 SESSIONS

H. 4107/S. 1105 (Act No. 324)
Discharge Planning for Persons Involuntarily Committed to a Facility of the Department of Mental Health.

Provides for a discharge plan to begin within seventy-two hours of admission; outlines issues included in a discharge plan.

Sponsors:     H.     4107     P. Harris, Carnell, J. Harris, Mattos

S.     1105     Bryan, Peeler, Fielding, Hinds, Rose

Status:                     H.     4107     Tabled in House 4-2-92.

S.     1105     Signed by Governor 4-13-92.

H. 4108/S. 1117 (Act No. 296)

Commitment to the Department of Mental Health.

This bill addresses patients who are inappropriately committed to either a psychiatric or substance abuse facility of the Department of Mental Health through the emergency or judicial commitment process. It provides for the correction of an inappropriate admission by having the appropriate admission process started by the department upon proper recommendation by the court designated examiners. Admission to the appropriate facility is based on bed availability. The department must provide transportation to the appropriate facility.

NOTE: This bill is a product of recommendations by the Citizens' Panel on Mental Health and the Compliance Review Report on the Department of Mental Health by the State Reorganization Commission.

Sponsors:     H.     4108         P. Harris, Carnell, J. Harris, Mattos

S.     1117         Bryan, Peeler, Fielding, Hinds, Hinson, Rose

Status:                     H.     4108         Signed by Governor 3-26-92.

S.     1117         Referred to Senate Medical Affairs 1-14-92.

H. 4100/S. 1118     (Ratification No. 421)

Rights of Persons with Mental Retardation.

Provides for basic rights of clients of the Department of Mental Retardation.

Sponsors:     H.     4100         P. Harris, Carnell, J. Harris, Mattos

S.     1118         Bryan, Peeler, Fielding, Hinds, Rose

Status:                     H.     4100         Tabled in House Medical Affairs 4-14-92.

S.     1118         Enrolled for ratification 5-13-92.

H. 4106/S.1102 (Act No. 323)

Right to Reexamination.

Provides for mental health patients who have been judicially committed to be notified of the right to reexamination every six months. The probate court is not required to hold a hearing if the request for reexamination is made sooner than three months after the holding of a hearing pursuant to this section.

Sponsors:     H.     4106         P. Harris, Carnell, J. Harris, Mattos

S.     1102         Bryan, Peeler, Fielding, Hinds, Hinson, Rose

Status:                     H.     4106         Tabled in House 4-2-92.

S.     1102         Signed by Governor 4-13-92.

H. 4099/S.1116 (Act No. 279)
Technical Amendments to Mental Health Patients' Rights Act.

Strikes an unnecessary definition; reorganizes two sections; adds code cites; adds clarifying language in four sections.

Sponsors:     H.     4099         P. Harris, Carnell, J. Harris, Mattos

S.     1116         Bryan, Peeler, Fielding, Hinds, Hinson, Rose

Status:                     H.     4099         Tabled in House Medical Affairs 2-18-92.

S.     1116         Signed by Governor 3-10-92.

H. 4103/S. 1115 (Ratification No. 442)

Technical Amendments to the Mental Retardation Boards Act.

This bill clarifies the General Assembly's intent that the appointing authority for county mental retardation boards be preserved as it existed on January 1, 1991. It further clarifies the General Assembly's intent that the recommending authority, usually the county legislative delegation or county council, shall only be transferred to the other entity upon the current recommending authority's volition. The only purpose of this legislation is to clarify the existing process of appointing county mental retardation boards.

Sponsors:     H.     4103         P. Harris, Carnell, J. Harris, Mattos

S.     1115         Bryan, Peeler, Fielding, Hinds, Hinson

Status:                     H.     4103         Ratified 4-30-92.

S.     1115         Referred to Senate Medical Affairs 1-14-92.

H. 4105/S. 1103 (Ratification No. 446)
Self-Sufficiency Trust Fund.

Provides for a life care planning option to meet the supplemental service needs of persons with mental illness, developmental disabilities, or physical handicaps. Enables families to plan a more secure future without fear of invasion of trust principle or loss of benefits. The Self-Sufficiency Trust Fund is a private non-profit organization that will implement the trust fund through cooperation with the State Treasurer's Office and the Departments of Mental Health, Mental Retardation, and Vocational Rehabilitation (as applicable).

Also provides for a disabilities trust fund for people with mental illness, developmental disabilities, or physical handicaps who are indigent. This trust is also administered by the private non-profit Self-Sufficiency Trust Fund through cooperation with the State Treasurer's Office and the previously mentioned departments, as applicable. The Disabilities Trust is funded through donations.

Sponsors:     H.     4105         P. Harris, Carnell, J. Harris, Mattos

S.     1103         Bryan, Peeler, Fielding, Hinds, Hinson, Rose

Status:                     H.     4105         Ratified 5-13-92.

S.     1103         Recommitted to Senate Medical Affairs 4-29-92.

H. 4101/S. 1107 (Act No. 322)

Certificate of Need.

Provides for the exemption of community-based housing for people with disabilities from the certificate of need process.

Sponsors:     H.     4101         P. Harris, Carnell, J. Harris, Mattos

S.     1107         Bryan, Peeler, Fielding, Hinds, Hinson

Status:                     H.     4101         Tabled in House 4-2-92.

S.     1107         Signed by Governor 4-10-92.

H. 4102/S. 1106 (Act No. 339)

Automatic Suspension.

Allows for the automatic suspension of a facility's license if threatening conditions are found.

Sponsors:     H.     4102         P. Harris, Carnell, J. Harris, Mattos

S.     1106         Bryan, Peeler, Fielding, Hinds, Rose

Status:                     H.     4102         Tabled in House 4-15-92.

S.     1106         Signed by Governor 5-4-92.

H. 4104/S. 1104 (Ratification No. 443)

Mental Health Boards.

Provides for the appointing authority to consider consumer and family members when making appointments to community mental health center boards.

Sponsors:     H.     4104         P. Harris, Carnell, J. Harris, Mattos

S.     1104         Bryan, Peeler, Fielding, Hinds, Hinson, Rose

Status:                     H.     4104         Ratified 5-13-92.

S.     1104         Referred to Senate Medical Affairs 1-14-92.

H. 3073/S. 370     (Act No. 127)

Mental Health Patients' Rights.

Provides for basic human rights of people with mental illness or chemical dependency who are admitted to a residential treatment facility of the Department of Mental Health. It also provides for treatment in the least restrictive environment.

Sponsors:     H.     3073         P. Harris, Carnell, J. Harris, Mattos

S.     370             Bryan, Peeler, John C. Hayes, Fielding, Rose

Status:                     H.     3073         Signed by Governor 6-5-91.

S.     370             Referred to Senate Medical Affairs 1-8-91.

H. 3076/S. 380 (Act No. 88)

Children's Mental Health Commitment.

Provides for children in need of mental health treatment to receive appropriate care and treatment in the least restrictive environment possible. Provides for proper procedures for the commitment of children. Provides basic human rights.

Sponsors:     H.     3076         P. Harris, Carnell, J. Harris, Mattos,                                                                                 Waites, Whipper

S.     380             Bryan, Peeler, John C. Hayes, Fielding, Giese

Status:                     H.     3076         Signed by Governor 5-27-91.

S.     380             Recommitted to Senate Medical Affairs 5-21-91.

H. 3072/S. 369 (Act No. 30)
Reduction of Time for a Probate Court Hearing After an Emergency Admission.

Reduces the time for a probate court hearing from 20 to 15 days after an emergency admission to a psychiatric facility.

Sponsors:     H.     3072         P. Harris, Carnell, J. Harris, Mattos, Waites, Whipper

S.     369             Bryan, Peeler, John C. Hayes, Fielding

Status:                     H.     3072         Signed by Governor 4-24-91.

S.     369             Referred to Senate Medical Affairs 1-8-91.

H. 3074/S. 382 (Act No. 34)
Reduction of Time for Designated Examiners to Render a Majority Opinion.

Provides for reduction of time from seven to five days for designated examiners to render a majority opinion to the probate court regarding whether a person is mentally ill.

Sponsors:     H.     3074         P. Harris, Carnell, J. Harris, Mattos, Whipper

S.     382             Bryan, Peeler, John C. Hayes, Fielding, Giese

Status:                     H.     3074         Signed by Governor 4-24-91.

S.     382             Referred to Senate Medical Affairs 1-8-91.

H. 3031/S. 324 (Act No. 86)
State Health and Dental Plan for County Mental Retardation Board Employees.

Provides for county mental retardation board employees to come under the State Health and Dental Plan. Previously, mental retardation boards could not receive the State Insurance Plan unless their entire county subscribed. This provides a cost savings to the State by making it unnecessary for the county boards to buy private insurance at the market rate.

Sponsors:     H.     3031         P. Harris, Carnell, J. Harris, Mattos, McAbee, Baxley, Wilder

S.     324             Bryan, Peeler, John C. Hayes, Fielding, Land, Hinson

Status:                     H.     3031         Signed by Governor 5-27-91.

S.     324             Referred to Senate Finance 1-8-91.

H. 3064/S. 351 (Act No. 32)

County Mental Retardation Board Creation.
Provides for county mental retardation boards formed after July 1, 1991 to be created by county ordinance. Boards formed before the effective date shall continue functioning, however, by June 30, 1992, they shall be reconstituted by county ordinance. The appointing entity as of January 1, 1991 shall continue to appoint board members.

Sponsors:     H.     3064         P. Harris, Carnell, J. Harris, Mattos, Corning

S.     351             Bryan, Peeler, John C. Hayes, Fielding

Status:                     H.     3064         Signed by Governor 4-23-91.

S.     351             Referred to Senate Medical Affairs 1-8-91.

H. 3075/S. 381 (Act No. 33)

Department of Mental Health Commission Appointments.

Provides for the Commission to be appointed by the governor with the advice and consent of the Senate; appointments by Congressional district and one at-large; encourages the governor to consider consumers and family members for appointments; current members serve until their terms expire.

Sponsors:     H.     3075         P. Harris, Carnell, J. Harris, Mattos, Corning

S.     381             Bryan, Peeler, John C. Hayes, Fielding

Status:                     H.     3075         Signed by Governor 4-22-91.

S.     381             Referred to Senate Medical Affairs 1-8-91.

H. 3065/S. 350 (Act No. 8)

County Mental Retardation Boards Powers and Duties.

Provides for powers and duties of county mental retardation boards, including the power to incur debt. The debt of the county mental retardation boards is not the responsibility of the Department of Mental Retardation, the State, or any of its political subdivisions.

Sponsors:     H.     3065         P. Harris, Carnell, J. Harris, Mattos, Corning

S.     350             Bryan, Peeler, John C. Hayes, Fielding

Status:                     H.     3065         Signed by Governor 3-18-91.

S.     350         Referred to Senate Medical Affairs 1-8-91.

H. 4073/S. 1181
Concurrent Resolution commending the Department of Mental Health on its initiative in establishing Alzheimer's day treatment programs.

Sponsors:     H.     4073         P. Harris, Carnell, J. Harris, Mattos

S.     1181         Bryan, Peeler, Fielding, Hinds, Giese

Status:                     H.     4073         Adopted 1-15-92.

S.     1181         Tabled in House Medical Affairs 3-24-92.

H. 4071/S. 1179
Concurrent Resolution to commend the Department of Mental Health for its exemplary efforts in providing superb staff training programs.

Sponsors:     H.     4071         P. Harris, Carnell, J. Harris, Mattos

S.     1179         Bryan, Peeler, Fielding, Hinds, Giese

Status:                     H.     4071         Adopted 1-15-92.

S.     1179         Tabled in House Medical Affairs 3-24-92.

H. 4074/S. 1180
Concurrent Resolution to commend the Department of Mental Health for exemplary training programs for its community mental health center board members.

Sponsors:     H.     4074         P. Harris, Carnell, J. Harris, Mattos

S.     1180         Bryan, Peeler, Fielding, Hinds, Giese

Status:                     H.     4074         Adopted 1-15-92.

S.     1180         Tabled in House Medical Affairs 3-24-92.

H. 4072/S. 1183
Concurrent Resolution to commend the Department of Mental Health for its innovative funding techniques for the distribution of Clozaril to patients with chronic schizophrenia.

Sponsors:     H.     4072         P. Harris, Carnell, J. Harris, Mattos

S.     1183         Bryan, Peeler, Fielding, Hinds, Giese

Status:                     H.     4072         Adopted 1-15-92.

S.     1183         Tabled in House Medical Affairs 3-24-92.

H. 4075/H. 4381/S. 1182
Concurrent Resolution to recommend that agencies of the State of South Carolina, in cooperation with the state agency of Vocational Rehabilitation, employ qualified persons with handicapping conditions as temporary and permanent employees.

Sponsors:     H.     4075         P. Harris, Carnell, J. Harris, Mattos

H.     4381         House Medical Affairs Committee

S.     1182         Bryan, Peeler, Fielding, Hinds, Giese

Status:                     H.     4075         Referred to House Medical Affairs 1-16-92.

H.     4381         Adopted 2-12-92.

S.     1182         Referred to House Medical Affairs 1-15-92.

NOTE: This resolution was adopted by the House Medical Affairs Committee as a Committee bill.

LEGISLATION PENDING

H. 3095/S. 435/S. 241

Mental Retardation Death Penalty.

Prevents the execution of persons with mental retardation.
Senate amendment changes original intent of prohibition of execution of persons with mental retardation to a specific mitigating circumstance citing the definition of mental retardation.

Sponsors:         H.     3095         P. Harris, Carnell, J. Harris, Mattos

S.     435             Waddell, Bryan, Giese, Fielding, Shealy, John C. Hayes

S.     241             Waddell, Bryan, Giese, Fielding, Shealy

Status:                         H.     3095         Sent to the House for concurrence 5-19-92.

S.     435             Referred to Senate Judiciary 1-9-91.

S.     241             Referred to Senate Judiciary 1-8-91.

H. 3032/S. 325
Tax Credit for Parents or Legal Guardians of People with Mental Retardation.

Provides for a tax credit of 25% of all expenses paid by the parent or legal guardian of a person with severe mental retardation who lives at home; tax credit not to exceed $1,000.

Sponsors:     H.     3032         P. Harris, Carnell, J. Harris, Mattos, Wilder, Baxley, Manly, Corning, Whipper

S.     325             Bryan, Peeler, John C. Hayes, Fielding, Hinson

Status:                     H.     3032         Referred to House Ways and Means 1-8-91.

S.     325             Referred to Senate Finance 1-8-91.

LEGISLATION OF INTEREST TO THE COMMITTEE

H. 4496/S. 1361

Head and Spinal Cord Injury Information System.

Provides for a central information surveillance and registry system. Provides for members of the council and their powers and duties. Provides for confidentiality and procedures for obtaining release of information and consent for certain patient information relating to head and spinal cord injuries.

Sponsors:     H.     4496         Wright, Wilder, Baxley, Manly, Kempe, Corning, Sharpe, Waldrop, Wells, Barber

S.     1361         Giese, Reese, Lourie
Status:                     H.     4496         5-14-92 Debate adjourned until 5-19-92.

S.     1361         Placed on House calendar without reference 5-5-92.

H. 4510/S. 1384

Physicians' Patients Record Act.

Provides for ownership of physicians' patients medical records that were made in treating a patient and of records transferred to the physician concerning prior treatment of the patient. Provides for a patient or his legal representative the right to receive a copy or, where appropriate, a summary of his medical record or the transfer of the record or summary to another physician, upon request, when accompanied by a written authorization from the patient or his legal representative.

Sponsor(s):     H.     4510         Harrison

S.     1384         Macaulay, Giese, Rose, Martschink, Passailaigue, Thomas, Courtney, Bryan, Lourie, Setzler, R. Hayes, Russell, V. Smith, Stilwell, Reese, Courson, Drummond, Pope, Fielding, Mitchell, Mullinax, Shealy, McConnell, Leventis

Status:                         H.     4510         Referred to Senate Medical Affairs 5-5-92.

S.     1384         Referred to Senate Medical Affairs 3-11-92.

S. 721
Access to Safe, Decent, Sanitary, and Affordable Housing by All South Carolinians.

Concurrent Resolution that provides for all South Carolinians to have access to safe, decent, sanitary, and affordable housing.

Sponsors:         S.     721         Courson, Lourie

Status:                         S.     721         Adopted 3-5-92.

H. 3792
Issuance of Bonds for the Department of Mental Health for the Charleston Area Mental Health Center.

Provides for authorization of issuance of additional capital improvement bonds for the Department of Mental Health for the Charleston Area Mental Health Center.

Sponsors:     H.     3792         Kirsh, Boan

Status:                     H.     3792         Referred to House Ways and Means 4-9-92.

S. 840
Hiring of Disabled Applicants Under the State Classification and Compensation Plan.

Provides a preference for qualified applicants with disabilities in hiring under the state classification and compensation plan.

Sponsor(s):     S.     840         Senate Finance Committee

Status:                         S.     840     Referred to Senate Finance 4-3-91.

H. 3701/S. 925 (Act No. 121)
Issuance of Identification Cards to Nondrivers by the South Carolina Department of Highways and Public Transportation.

Provides a fee waiver for identification cards for persons who are mentally ill or mentally retarded issued by the South Carolina Department of Highways and Public Transportation.

Sponsor(s):     H.     3701     R. Young, Fulmer, Rama, Hallman, Gonzales

    S.     925         Martschink

Status:                         H.     3701     Signed by Governor 6-5-91.

S.     925         Referred to Senate Transportation 4-24-91.

H. 3348
Protective Custody of a Person who is Mentally Ill by an Officer of the Peace.

Provides that an officer of the peace, having reason to believe a person is mentally ill and likely to cause serious harm, may take the person into protective custody for the purpose of being examined by a physician.

Sponsor(s):     H.     3348     Fair

Status:                         H.     3348     Referred to House Judiciary 1-29-91.

S. 72 (Act No. 164)
Disclosure of Information Relating to a Nursing Care Facility by the Department of Mental Retardation.

Provides for the Department of Mental Retardation to disclose certain information relating to a nursing care facility. Provides that the identity of a complainant not be disclosed except under certain conditions.

Sponsor(s):     S.     72         Rose

Status:                         S.     72         Signed by Governor 6-12-91.

H. 3953/S. 941 (Act No. 52)
Appointment of the Board of the South Carolina Protection and Advocacy System for the Handicapped, Inc.

Provides for the appointment of the board of the South Carolina Protection and Advocacy System for the Handicapped, Inc. Provides for change in the composition of the board and the manner in which they are elected.

Sponsor(s):     H.     3953         Wilder

S.     941             Martschink, Giese

Status:                         H.     3953         Tabled 5-8-91.

S.     941             Signed by Governor 5-27-91.

H. 3504/S. 615 (Act No. 41)
Infants and Toddlers with Handicapping Conditions

(Baby Net).

Provides duties for the Department of Health and Environmental Control. Provides certain requirements for the delivery of early intervention services, to include provisions and requirements for individualized family service plans, to clarify confidentiality of information.

Sponsors:     H. 3504         Waites, Rogers, Haskins, Quinn, Wilder, Meacham, Corning, Wright, Rama, Glover, Whipper, Tucker, Vaughn

S.     615             N. Smith, Hayes, Courson, Martschink, Bryan, Drummond, Fielding, Giese, Gilbert, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, V. Smith, Stilwell, Thomas, Waddell, Washington, Williams, Wilson

Status:                 H.     3504             Tabled in House 4-16-91.

S.     615                 Signed by Governor 4-29-91.

S. 541 (Act No. 306)

Health Care Power of Attorney.

Provides for health care power of attorney. Provides that the Adult Health Care Consent Act applies to decisions made pursuant to a health care power of attorney. Provides standards for determining mental incompetence, execution requirements, including witness qualifications, and a form for a health care power of attorney.

Sponsors:             S.     541         Lourie, Giese, Passailaigue, Bryan, Hayes, Long

Status:                             S.     541         Signed by Governor 4-8-92.

S. 817
Authorization of South Carolina Department of Mental Health to apply to the State Budget and Control Board for Funds from State Capital Improvement Bonds.

Provides authorization of the South Carolina Department of Mental Health to apply to the State Budget and Control Board for funds from state capital improvement bonds. Provides the terms and conditions of the Department's capital bond improvement obligations, and requires bonds issued for these improvements to be repaid from the revenues derived from paying patients of the Department.

Sponsor(s):     S. 817     Bryan

Status:                         S. 817     Referred to Senate Finance 3-27-91.

H. 3617
Revenue from License Tax on Beer dedicated for Alcohol and Drug Abuse Programs and Enforcement.

Provides for an additional license tax on beer equal to forty-two hundredths cents an ounce and on wine equal to sixty-three hundredths cents an ounce. Provides for dedicating a portion of the revenue from the tax for alcohol and drug abuse programs and enforcement.

Sponsors:     H.     3617         Hayes, Fair, Huff, Keesley, Altman, Koon, L. Martin, Sharpe, Smith, Waites, Wilkes

Status:                     H.     3617         Referred to House Ways and Means 2-28-91.

H. 4606/S. 1446

Housing Trust Fund.
Provides for enactment of the Housing Trust Fund Act of 1992. Provides for creation of funds and an advisory committee to provide for the duties of an executive director and to provide for the purpose, use, and operation of the fund. Provides for an increase on tax from one dollar ten cents to one dollar thirty cents on each five hundred dollars of consideration paid for the property and that this twenty cent increase be paid to the Housing Trust Fund.

Sponsors:     H.     4606         Whipper, Waites, Cobb-Hunter, Keyserling, Rogers, J. Harris, McTeer, H. Brown

S.     1446         Lourie, Courson, Matthews, Washington, Passailaigue, Hinds

Status:                     H.     4606         House Ways and Means Committee report: majority favorable, with amendment, minority unfavorable 4-7-92.

S.     1446         Enrolled for ratification 5-26-92.

S. 72 (Act No. 164)

Mental Retardation Nursing Care Facility.

Provides that the Department of Mental Retardation may disclose certain information relating to a nursing care facility. Provides that the identity of a complainant not be disclosed except under certain conditions.

Sponsor(s):     S.     72         Rose

Status:             S.     72         Signed by Governor 6-12-91.

S. 286

Work Support Services Delivery System.

Provides for a statewide plan administered by the Department of Social Services for the design, implementation, and operation of a work support services delivery system. Adds support services of substance abuse counseling and treatment, parenting skills for young custodial parents, and living skills required for AFDC recipients whose individual employment plans prescribe these activities.

Sponsor(s):     S.     286         Mullinax

Status:             S.     286         Tabled in House Medical Affairs 2-4-92.

S. 378
Concurrent Resolution to Commend the Developmental Disabilities Council.

Provides commendation to the South Carolina Developmental Disabilities Council, Office of the Governor, for developing an outstanding state plan on the transition from school into adult community life of people with disabilities. Expresses the sense of the General Assembly that the legislative recommendations contained in the State plan should be enacted into law.

Sponsors:     S.     378             Giese, Rose

Status:                     S.     378             Referred to Senate Medical Affairs 1-8-91.

H. 3077/S. 373

Procurement Code/Daily Living Activities.

Provides exemptions under the South Carolina Consolidated Procurement Code so as to include the expenditure of funds by state agencies for services designed to address the critical needs of persons in the performance of activities of daily living.

Sponsors:     H.     3077     P. Harris, Waldrop

S.     373         Lourie, Giese, Passailaigue

Status:                         H.     3077     Tabled in House Judiciary 1-28-92.

S.     373         Referred to Senate Judiciary 1-8-91.

H. 4499

Intermediate Commitment Period for Juveniles.

Provides that the family court may commit certain juveniles for an indeterminant period not to exceed their twenty-first birthdays, but may be released after commitment for a minimum period.

Sponsor(s):     H.     4499     Clyborne

Status:                         H.     4499     Referred to House Medical Affairs 3-4-92.

S. 621

Transportation of Judicially Committed Mentally Ill Persons.

Provides requirement of the Department of Mental Health instead of an officer of the peace to provide custody and transport of persons requiring immediate care.

Sponsor(s):     S.     621         Peeler

Status:                         S.     621         Referred to Senate Medical Affairs 2-7-91.

S. 945
Penalties for Having Sexual Intercourse with a Mentally Retarded Person in a State Mental Health Facility.

Provides penalty for having sexual intercourse with a patient in a state mental health facility. Provides the penalty apply if the patient is in a state mental retardation facility and to include the penalty for committing sodomy on such patients.

Sponsor(s):     S.     945         Rose

Status:                         S.     945         Referred to House Judiciary 3-12-92.

H. 3858

Prenatal Exposure to Controlled Substances.

Provides in prenatal exposure to controlled substances requirement for reporting, testing, Department of Social Services intervention, immunity for good faith reporting, confidentiality, and prohibition of use of information in certain criminal proceedings. Provides penalties.

Sponsors:     H.     3858         R. Young, Gonzales, Barber, Rama, J. Bailey, Holt, Fulmer

Status:                     H.     3858         Referred to House Medical Affairs 4-11-91.

S. 1191

State Health Plan Insurance Benefits.
Provides for requirement of certain benefits under the state health plan for mental, nervous, drug, or alcoholism related disorders.

Sponsor(s):     S.     1191     Reese

Status:                         S.     1191     Referred to Senate Finance 1-16-92.

S. 1212 (Ratification No. 420)
Time Requirements for Notice of Hearings for Mentally Ill Persons.

Provides for the exclusion of Saturdays, Sundays, and legal holidays in determining the time requirements for notice of the hearings for mentally ill persons.

Sponsor(s):     S.     1212     Bryan

Status:                         S.     1212     Ratified 5-13-92.

S. 1285
Collaboration Council for Children.
Provides for establishment of the Collaboration Council for Children. Provides a mechanism for planning, coordinating, and enhancing services to children concerning the mental, physical, social, vocational, economic, and educational aspects of their lives.

Sponsors:     S.     1285         N. Smith, Matthews, Setzler, Russell, Mullinax, Macaulay, Moore, Courson, Patterson, Leatherman

Status:                     S.         1285     Referred to House Medical Affairs 5-5-92.

SPECIAL PROJECTS

MENTAL HEALTH INSURANCE STUDY (Appendix A)

The MH/MR Committee is involved in an ongoing study of insurance coverage for persons with mental illness. The report enclosed in Appendix A provided the Committee with a cost analysis for a number of options that include mandated mental health insurance coverage, optional insurance coverage, defining certain mental illnesses as physical in nature, and lawsuits. The report does not provide definite answers in terms of which option would work best in South Carolina. The Mental Health Subcommittee also met with representatives of the Budget and Control Board Division of Research and Statistics and the Chairmen of the Departments of Psychiatry at USC School of Medicine and the Medical University of South Carolina to gather more data on this topic. The subcommittee recommended continuing study on this issue.

TEAM ADVOCACY (Appendix B)

The MH/MR Committee and the South Carolina Protection and Advocacy System co-sponsored a 1985 training session by the New York State Commission on Quality of Care. Committee members, members of the South Carolina Alliance for the Mentally Ill, members of the South Carolina Mental Health Association, and South Carolina Protection and Advocacy staff were trained to review basic living conditions for institutionalized patients. The New York "team advocacy system" was adapted to South Carolina institutions and has now been expanded into community residential care homes and community mental health centers.

The MH/MR Committee contracts with S.C. Protection and Advocacy for an amount determined annually to conduct team advocacy inspections. The goal of team advocacy is to work with the Department of Mental Health and the residential care homes to improve living conditions of patients.

The current contract is attached in Appendix B. We are currently in the process of negotiating contract renewal.

MENTAL HEALTH PANEL (Appendix C)

In July of 1990, the MH/MR Committee convened a Citizens' Panel on Mental Health. The Panel held two public hearings and eight public meetings with almost one hundred people testifying. The issues that were raised through this process and the actions taken may be read in the summary provided in Appendix C. The Panel's purpose was to review the South Carolina Code of Laws as it relates to mental health issues. They pursued this task in a manner that intentionally invited discussion and comment from all individuals, agencies, and advocacy groups with related interests. Consequently, they review all of the significant issues brought to them by the general public, advocacy groups, judges, members of the General Assembly, consumers of mental health services, families, and agencies. After meeting for almost a year, the final report was presented to the MH/MR Committee on July 1, 1991.

The Panel was comprised of the following people: Mr. Thomas Smith, former member of the S.C. Senate; Dr. Michael Lampkin, private practice psychiatrist from Charleston; Dr. Don Bray, psychiatrist and former Commissioner, Oregon Department of Mental Health; Mr. Jay Bender, civil litigator in Columbia and attorney to the S.C. Press Association; and Mr. Mick Henry, Executive Director, S.C. Mentor, a private provider of therapeutic foster care.

OUTSIDE ACTIVITIES

ADVISORY COUNCILS AND COMMITTEES

The MH/MR Committee members and staff serve on various advisory councils and committees. The following are activities the Committee is involved in:

Continuum of Care Advisory Council

Team Advocacy Advisory Committee

Head and Spinal Cord Injury Task Force

Mental Health Advocates Network

Protection and Advocacy for Individuals with Mental Illness

Protection and Advocacy for Individuals with Retardation

Mental Illness Awareness Walk

Mental Health Association Committee on Children, Adolescents, and Their Families

Mental Health Association Public Policy Committee

Department of Social Services Optional Supplement Task Force

Extended School Year Oversight Committee

Annual presentation to S.C. Probate Judges Association

TOURS OF FACILITIES

During the course of this legislative session, committee members and/or staff toured many of the Department of Mental Health and Mental Retardation programs.

DMH Facilities Visited

S.C. State Hospital

Crafts-Farrow State Hospital

Hall Institute

Byrnes Medical Center

Bryan Psychiatric Hospital

Patrick B. Harris Psychiatric Hospital

Dowdy-Gardner Nursing Care Center
Attended dedication of Richard Campbell Veterans Nursing Home

Community Mental Health Programs Visited

Charleston Area Mental Health Center
Beckman Mental Health Center and McCormick and Abbeville satellite offices

Piedmont Mental Health Center

DMR Facilities Visited

Midlands Center

Pee Dee Regional Center

Saleeby Center

Community Mental Retardation Programs Visited

Florence County Mental Retardation Board

Hole In One Doughnut Shop
three work programs, including job coach programs at Burger King and Kroger in Florence

early intervention day care center

The Committee believes these tours were vital to their understanding of mental health and mental retardation issues as they relate to the current trend of moving from institutional based systems to community based systems.

Committee staff will arrange tours for any member of the General Assembly upon request.

TELECONFERENCES ATTENDED

Sponsored by ETV, White Light Communications, S.C. Department of Mental Health, and hosted by S.C. SHARE. These teleconferences are produced in part by consumers of mental health services. They are designed to bring information and on-going support to the mental health consumer movement worldwide.

Self-Help Live

Segment 2 - Employment

Segment 3 - Homelessness and Housing.

FUTURE COMMITTEE PLANS

The Committee has a busy schedule planned for the interim. The full Committee is scheduling statewide public hearings during the summer and tours of new community-based mental health and mental retardation programs.

The Mental Health Subcommittee will study mental health and forensics pilot programs from around the country, as well as continue their study of mental health insurance. They will also address issues raised by the public hearings.

The Mental Retardation Subcommittee will also be addressing issues raised by the public hearings.

CONCLUSION

Committee members and staff visit facilities and community programs/homes of both the Department of Mental Health and Department of Mental Retardation. Some of the visits are arranged tours and others are unannounced. These visits result in first hand knowledge of how these departments operate their programs. The Committee has been very active in handling constituent requests of General Assembly members relating to mental health and mental retardation. There have also been numerous speaking engagements by members and staff across the State dealing with these problems.

The Committee receives the publications and newsletters listed below for research purposes. Copies are available to members and staff upon request.

Hospital and Community Psychiatry, Healthcare Trends Report, Community Mental Health Journal, Mental and Physical Disability Law Reporter, Mental Health Report, Mental Health Law Reporter, State Health Notes, Administration and Policy in Mental Health, Journal of American Health Policy, State Capitols, Cross Roads, DDS Insight, DYS News, Horizons, Health Policy News, In Community, Legislative Alert, State ADM Reports, Mississippi Profile.

Appendix A
MENTAL HEALTH INSURANCE STUDY

Introduction

In 1989, the Legislative-Governor's Committee on Mental Health and Mental Retardation reviewed an extensive study on mental health insurance coverage. The report gave the Committee members four courses of action:
(1)     mandated mental health insurance coverage,
(2)     mandate that insurance companies must offer mental health insurance coverage in their plans,
(3)     define schizophrenia and major affective disorders as physical disorders in the South Carolina Code of Laws, 1976, and
(4)     allow the courts to decide insurance coverage for persons with mental illness.

After extensive meetings and a public hearing, the Mental Health Subcommittee delayed further action until a cost analysis could be factored for each option of action. The subcommittee also decided to factor the cost for each option for employees covered by the state health plan.

Cost analysis on mental health insurance coverage is not a precise science. There is not a statistical data base to rely on for mental health insurance coverage. Also, as evidenced by the fateful demise of the Physicians Health Plan HMO, supply creates the demand in health care and health insurance plans. No one source, consulted for this study, could provide true cost analysis data on mental health insurance coverage.

State Health Plan

As of January 1990, the state health plan provided a $25,000 lifetime cap on mental health coverage. There is an annual limit of $7500 for inpatient and outpatient services. The plan pays up to $30 per outpatient visit with a 40 visit limit per year. The cap on outpatient visits is $1200 annually and applied to the $7500 total annual cap on expenditures. The inpatient portion of the plan is for 30 days not to exceed the annual limit.

In January 1991, the state health plan mental health coverage will expand providing more accessible treatment to state employees. The expansion will provide coverage for visits to licensed professional counselors, licensed independent social workers and licensed marriage and family therapists. The anticipated cost of this expansion will be $500,000. The State will pay for approximately $225,000 of the total cost. The overall cap for health coverage, under the state employees plan, is $1 million per lifetime. The state insurance plan falls under the Employment Retirement Income Security Act (ERISA). The state insurance plan also falls into the category of a self-insurer. The most common interpretation of ERISA is that federal rules and laws are applicable to the state health plan. Technically state law would not impact the state plan. The Budget and Control Board Division of Insurance (hereafter referred to as the Division of Insurance) indicates their willingness to follow the direction set by the South Carolina General Assembly - regardless of ERISA's interpretation.

The Division of Insurance does have an overriding concern regarding special interest expansion of the state health plan. Their primary concern is the current condition of the state health plan. Last fiscal year, the state health plan ran a $45 million deficit. The legislature appropriated $33 million for the deficit plus ongoing increases. Concurrently, state employees experienced a 30% rate increase.

On June 27, 1990 the Division of Insurance painted a grim picture of the future for the Budget and Control Board. The medical care inflationary cost trend factor for the year 1995 is set at a conservative 17%. Blue Cross/Blue Shield sets their trend factor at 23%. With a 17% trend factor, a 3% mistake could cost the state an additional $10 million. The disparity between the two trend factors shows a worst case scenario of an additional $20 million for future cost projections. Based on the 17% trend factor, the Division of Insurance, estimates that by the year 1995, with no expansions of coverage or changes, the state employee insurance plan will cost over $600 million. The state contributes 75% of the insurance costs (currently $185 million each year). This percentage of contribution is always subject to change, but if it does not, the state will contribute approximately $400 million for health insurance in 1995. This is an increase of $250 million for the State over a five year period. It is also a conservative estimate. Just as important, the amount contributed by the state employees will double over the same five year period (unless the state pays a rate higher than 75%).

The Division of Insurance is unable to project estimated costs for the options of study applicable to them. Mental health coverage cannot be rated by age. Standards for care differ for each category of mental illness resulting in different courses of treatment. There is also a lack of consistency in diagnosis. They could estimate costs if given very specific language in the form of proposed legislation.

They use their present state of affairs to argue against mandated coverage. Optional coverage could result in adverse selection and violate the spread of the risk. Only those employees that had a specific reason to choose the optional coverage would; thus skewing the statistics. The following is an example cited by the Division of Insurance: One heart patient may cost $40,000. They need to have 36.5 no claims for heart coverage to pay for the one claim. If heart coverage is an option of coverage, statistically only those people with a heart problem or a family history of heart problems will choose the coverage. They remain unsure of the cost of coverage if schizophrenia and the major affective disorders are written into law. They have also expressed concerns about misdiagnosis.

State Statistics - Current Health Insurance Coverage

The following are estimates of levels of health insurance coverage in South Carolina in 1986. The data was collected and published by the Health Insurance Association of America.

State Population
(Under age 65)         2,840,000
Total Private Ins.         2,092,000
Employer/Private         1,888,000
Public             406,000
Uninsured         468,000

State Statistics - Source of Payment 1989

The following data was collected by the Division of Research and Statistical Services of the Budget and Control Board. The estimates were done by using payer distribution of 1989 inpatient hospitalizations and applying them to the 1989 South Carolina population.

State Population         3,000,000
(approximately)
Federal Plan         422,066
(Champus, Vets, military)
No Coverage         385,579
(this underestimates since
hospitalization for non-emergency
surgery is unlikely w/no coverage)
Medicare         469,085
Medicaid         410,887
(excludes those with
primary Medicare coverage)
Unknown         12,397
Work. Comp.         57,986
BC/Comm         1,161,836
(includes commercial
self-insured and state)

Mandated Mental Health Insurance - Other State Experiences Corporate Experiences

The following information was collected from Blue Cross/Blue Shields across the nation.

Massachusetts

In 1973 the State of Massachusetts passed legislation requiring insurers to provide $500 in outpatient psychiatric benefits in all groups and non-group contracts. The new benefit went into full effect in 1977. By 1981, the cost had increased from under $500,000 per quarter to nearly $12,000,000 in the second quarter of 1981. Physician expenses accounted for 70-79% of total expenses. The hourly psychotherapy session increased from 171,475 visits in 1976 to 486,532 visits in 1981. The cost per visit increased from $29.99 to $38.43.

Michigan

In 1968 the auto workers requested and received an outpatient psychiatric care program (OPC) with a maximum benefit of $400 per year. OPCs cover care in hospitals and free clinics. The number of visits escalated and in 1977, a moratorium was placed on new OPC facilities. The utilization rate leveled temporarily. In 1981 the trend resumed. Costs exceeded $31,000,000. The number of inpatient hospital visits also rose during the same period of time.

Minnesota

Psychiatric and chemical dependency care increased from $12.3 million in 1976 to $26.4 million in 1980. Psychiatric and chemical dependence patients accounted for 20% of total inpatient days. Minnesota began a partial hospitalization program in response to the alarming utilization rate of psychiatric coverage. Today Blue Cross/Blue Shield treats (by mandate) psychiatric inpatient days as any other inpatient day with the exception that they must give prior approval before hospitalization. Their outpatient mandate of 20 days is also paid as any other illness. Utilization is controlled through very strict review of cases. Before the reviews, costs were 12-15% of the total costs. After implementing reviews on all psychiatric cases, the costs are approximately 6.3% of the total.

Pennsylvania

The Joint Health Care Cost Containment Program (Penjerde) was a group of Philadelphia employers trying to affect change in health care costs. Their employees consisted of about 20% of Blue Cross of Greater Philadelphia's subscribers. They conducted a study involving 14 groups (138,134 subscribers) with a 30 day mental health benefit and 5 groups (66,280 subscribers) with a 365 day mental health benefit. The study shows that groups with a 30 day benefit had an average length of stay of 15.8 days, while the 365 day group had an average length of stay of 37.5 days. 44.4% of the patients with the 365 day benefit had stays exceeding 30 days. Only 16.5% of the 30 day group had stays exceeding 30 days. The study concluded that the supply created the demand and that patients with more generous benefits have much longer lengths of stay.

Florida

Blue Cross/Blue Shield benefits include a 30 day inpatient limit. They are mandated to provide a $1000 minimum on outpatient visits with the same coinsurance as the rest of the plan. There is a $2000 lifetime maximum on most outpatient benefits. Portion of total costs is 4.3%

North Dakota

In 1987 North Dakota experienced legislative/mental health mandates for up to 60 days of inpatient care or 120 partial hospital days plus 14 full hospital days, and up to 20 outpatient visits. Delayed implementation of mandates cause North Dakota to remain unsure of cost impact. Another year will provide the controls necessary for cost analyses. They have experienced increased outpatient usage. Inpatient utilization is stable because they have a stringent admissions review process before hospitalization. They are sending the admission review process for your examination.

Texas

Tennaco Corporation (42,000 insurance enrollees) redesigned their health care package to combat escalating costs. Tennaco limited inpatient stays up to 45 days and paying 80% of costs for DSM Axis I disorders and 50% of Axis II disorders. They also limited outpatient visits to 20 per year and pay for disorders on the same basis as inpatient. They found their length of hospital stays lower thus reducing costs. They attribute this to higher utilization of outpatient services. They also chose to cap outpatient visits rather than use a utilization review process.

The South Carolina Experience

Blue Cross/Blue Shield indicates that on most cases of inpatient psychiatric care there is a $10,000 maximum. Few policies have a 30 day maximum without a dollar limit. It has been their experience that costs sky-rocket without a dollar limit. Outpatient coverage is limited to 20 visits per year and pays 50% of the charge up to $25 per visit. There is a lifetime maximum of $10,000 on the majority of subscribing groups. Mental health coverage cost is approximately 4-6% of the total costs. It might be difficult to adopt another state's mandate of partial hospitalization and outpatient services or pure outpatient services due to a lack of resources available in South Carolina communities.

Statistics gathered by the South Carolina Department of Mental Health show only 3.41% of the costs of 545,011 inpatient days (Bryan, Harris, Crafts-Farrow, State Hospital and Hall Institute) are paid by insurance.

Several studies have shown that mental health insurance coverage lowers other health and welfare costs. Someone receiving adequate treatment is less likely to cause harm to self, others and property, more likely to work and pay taxes and more likely to take better care of themselves physically thus reducing medical costs. There are no firm data collections that demonstrate such a cost savings.

Optional Coverage

The cost of optional coverage would depend on the wording of enabling legislation. The Budget and Control Board Division of Insurance pointed out the potential for adverse selection using a heart patient as an example. If every person in the State were offered mental health insurance coverage, statistically only those who intended to use the insurance would use the option. With no non-claims available to the insurer, there would be very heavy costs. Blue Cross/Blue Shield, when working with groups to select insurance packages, offers mental health insurance coverage. The group leader/company chooses the plan based on economic capabilities of the company and its workers. A study conducted by a federal government insurer discusses their early experiences with consumers willing to pay the cost for special item coverages. Their current experience is that consumers are now more concerned with policy cost than policy content.

Definition of Schizophrenia/Major Affective Disorders

Although the judicial system has begun to pay more attention to identification and definitions of mental illness, the state legislatures have kept the status quo. The MH/MR Committee reviewed information and studies which conclude, that at the very least, schizophrenia and major affective disorders are mental illnesses physical in nature.

Department of Mental Health FY 90 Statistics

Inpatient Caseload                                                             14,886

Schizophrenic patients                                             2,743

Affective Disorder                                                         1,138

Twenty-six percent of the mentally ill population at the Department of Mental Health would be considered as having an illness physical in nature. Their average length of stay is 39 days. Over 150 patients (located at State Hospital) probably will never leave their custody. Across the State, there is a prevalence of 149,738.8 (a year) of an affective diagnosis (depression, mania, and dysthymia). There is a prevalence of 30,715 schizophrenics (a year). There are a number of issues involved in this option of action that also make cost analyses difficult. Should legislation pass defining these psychiatric illnesses as physical in nature, many insurance companies could and would still place minimum expenditures on coverage. There are many physical illnesses not covered by health insurance policies today - TMJ for instance and illnesses with minimum coverage. One rough estimation of cost, using the Department of Mental Health data, would take the total number of patients, 3,881 multiplied by the average length of stay, 39 days, multiplied by the average per diem charge per day $60.00 (low est.). Your total cost would run approximately $9,081,540. A 50% payment would cost approximately $44,540,000. An 80% payment would cost approximately $7.2 million. These figures applied across the general population would sky rocket. 180,000 patients multiplied by a much higher per diem charge multiplied by a longer than average stay. Note that state facilities generally have more reason to discharge quickly than private hospitals.

This avenue of action reflects the majority of court rulings in regard to the physical root of the illness. No other state has taken such action.

Court Cases
Metropolitan Life Ins. Co. v. Massachusetts, 471 U.S.724,105S.Ct. 2380, 85L.Ed.2d 728 (1985) ruled a mandated insurance coverage statute was not pre-empted by ERISA. The Court held that state laws regulating the terms of certain insurance contracts were saved from pre-emption by a savings clause within ERISA. This case did not address the issue of separate insurance classifications for mental illnesses as opposed to physical illnesses. The result of the suit will cost millions. The case is not necessarily applicable to South Carolina and you might require an Attorney General opinion.

Arkansas Blue Cross and Blue Shield v. Doe, 733 S.W.3d 429 (1987) caused the insurance company to meet excess expenses of $31,308. An insured sought to cover his daughter's illness of manic depression as a physical illness. The major issue of the case was whether the disease should be classified according to its origin or symptomology. The Court held that the disease should be classified according to origin.

Equitable Life Assr. Soc. v. Berry, 260 Cal.Rptr. 819 (1989) rejected the Doe decision in favor of the manifestation of the symptoms.

Doe v. Guardian Life Ins. Co., The Travelers Ins. Co. and Blue Cross and Blue Shield, (No. 89 C 7955) is a class action suit attacking the insurer's practice of classifying manic depression as a psychological rather than a physical illness. The National Depressive and Manic Depressive Association has joined the suit, as well as other interest groups. Insurance and mental health professionals believe this will be a landmark case in the area of mental health insurance. If forced to cover manic depression, the insurers would be forced to cover a multitude of mental illnesses as physical.

Conclusion

There seems to be no definite course to follow in cost analyses of mental health insurance coverage. North Dakota, one of the most recent states to mandate coverage has no impact analyses. South Carolina could mandate coverage based on other state experiences. An optional coverage bill would need to be worded carefully to avoid adverse selection and high costs. The cost of definition legislation would depend on the response of insurers in capping coverage. The Guardian court case may provide the most concrete answer when it is heard and settled.

Appendix B
TEAM ADVOCACY CONTRACT
AGREEMENT

The South Carolina Protection and Advocacy System for the Handicapped, Inc. (SCP&A) hereby enters into an agreement with the Legislative-Governor's Committee on Mental Health and Mental Retardation (MH/MR Committee) to continue the Team Advocacy Project.

MH/MR Committee agrees to provide funds as appropriated to the MH/MR Committee by the South Carolina General Assembly to the SCP&A for service of the Team Advocacy Project (Project) in equal installments of $7,750.00 for the first three quarters of fiscal year 92 in July, October, and January to allow the Project to operate under the auspices of the MH/MR Committee. Amounts to be determined annually by contract.

SCP&A agrees to take responsibility for overseeing the administration of the Project, including the hiring of a Project Coordinator, and designating a SCP&A staff person to supervise the Project and act as the contact person to the MH/MR Committee. The SCP&A staff person will prepare an annual line item budget for the Project and provide a copy to the MH/MR Committee prior to the receipt of funds and provide periodic progress reports to the MH/MR Committee which will include quarterly reports of financial expenditures, a final financial report due no later than forty-five (45) days after the end of the fiscal year (June 30), and an annual report of Project activities due no later than sixty (60) days after the end of the fiscal year (June 30). SCP&A will submit an annual plan and a budget for the Project for approval by the MH/MR Committee before June 30. SCP&A shall spend the funds in accordance with the plan and budget unless a request for amendment is approved by the MH/MR Committee prior to the requested amendment is made. Travel reimbursement must be under the same conditions as that of state employees.

This agreement shall be effective on July 1, 1991, and shall remain in effect unless terminated by the MH/MR Committee at the end of the fiscal year.

Louise R. Ravenel                                                                     Patrick B. Harris, Chairman
Executive Director                                                                     Legislative-Governor's
South Carolina Protection                                         Committee on Mental
and Advocacy System for the                         Health and Mental
Handicapped                                                                                                         Retardation
_________________________             ____________________________
date                                                                                                                                             date
_________________________             ____________________________
witness                                                                                                                             witness
_________________________             ____________________________
witness                                                                                                                             witness

ANNUAL PLAN - TEAM ADVOCACY PROJECT
July 1, 1991 through June 30, 1992

The TEAM ADVOCACY PROJECT, under the supervision of the South Carolina Protection and Advocacy System for the Handicapped, Inc., agrees to implement the following activities during the 1991-92 fiscal year:

1.         Inspect, at a minimum, five (5) Department of Mental Health facilities, at least one of which will be conducted at Morris Village and which includes the initial surprise inspection and the follow-up;

2.         Inspect, at a minimum, fifteen (15) Community Residential Care Facilities, which includes the initial surprise inspection and the follow-up;

3.         Survey, at a minimum, seven (7) mental health centers;

4.         Hold at least one press conference to report on the findings from the inspections completed by the date of the conference, including a summary of recurring deficiencies found during the inspections;

5.         Review and revise the volunteer training to incorporate information about the roles and responsibilities of the Legislative- Governor's Committee on Mental Health and Mental Retardation, Department of Mental Health, and South Carolina Association of Residential Care Homes and include staff members of the Committee and Department and a home owner of the Association when possible to present said information to the volunteers and conduct additional training sessions for volunteers as needed; however, no person employed by the Department or community residential care facility may be a member of an inspection team; there shall be no training sessions between January 1992 and June 1992;

6.         Have the Project Coordinator attend such functions as related to the Project, such as meetings of the Mental Health Commission and its pertinent subcommittees, Quality of Care Review Board meetings relating to matters inspected by the Project, groups and organizations requesting information about the Project, and meetings of the Legislative-Governor's Committee on Mental Health and Mental Retardation as requested;

7.         Provide the Legislative-Governor's Committee on Mental Health and Mental Retardation with reports on all inspections, a line item budget prior to the receipt of funds, quarterly financial reports, an annual financial report, and an annual report on Project activities;

8.         Hold, at a minimum, quarterly meetings of the Team Advocacy Project advisory committee which is made up of a representative of the MH/MR Committee, Alliance for the Mentally Ill, Mental Health Association, Self Help Association Regarding Emotions, and SCP&A;

9.         Conduct such other activities as directed by the MH/MR Committee and SCP&A and;

10.     Follow the procedures outlined below:

a.     With regard to the DMH facility inspection reports, provide the final reports, provide the final report to the following: Legislative-Governor's Committee on Mental Health and Mental Retardation, Commissioner of the Department of Mental Health, and SCP&A;

b.     With regard to the Community Residential Care Facilities inspection reports, provide the final report to the following: Legislative-Governor's Committee on Mental Health and Mental Retardation, owner of the CRCF, Commissioner of the Department of Mental Health, Commissioner of the Department of Health and Environmental Control, and SCP&A;

c.     Upon receipt of the response (plan of correction), which is due thirty days from the date the inspection report was mailed, the report and the response will be sent as outlined above;

d.     No sooner than sixty (60) days from the date the reports were originally sent as outlined in a. and b. above, a follow-up inspection will be scheduled, regardless of whether a response has been received or not, and follow-up inspection reports provided as outlined above; and

e.     Prior to the inspection being conducted, Team members will again be cautioned about the need to keep the information about the report confidential and be asked to sign an additional statement of confidentiality.

The MH/MR Committee agrees to provide copies of the reports to individuals or agencies requesting copies, to encourage Community Residential Care Facility administrators to respond to the reports, to report facilities which refuse admittance to Team Advocacy volunteers to the Department of Health and Environmental Control, and to arbitrate any disputes which arise between the Team Advocacy Project/SCP&A and the facilities being inspected which SCP&A is unable to resolve independently.

The plan outlined above is agreed to on the date shown below by the South Carolina Protection and Advocacy System for the Handicapped, Inc. and the Legislative-Governor's Committee on Mental Health and Mental Retardation.

Louise R. Ravenel                                                         Patrick B. Harris, Chairman
Executive Director                                                         Legislative-Governor's
South Carolina Protection                             Committee on Mental
and Advocacy System for the                 Health and Mental
Handicapped                                                                             Retardation
_________________________             ____________________________
date                                                                                                             date
_________________________             ____________________________
witness                                                                                                 witness
_________________________             ____________________________
witness                                                                                                 witness

BUDGET - TEAM ADVOCACY PROJECT
July 1, 1991 through June 30, 1992

Expense MH/MR Committee Other In-Kind     Total
Personnel:     $25,233
*Project

Coordinator     $15,990.75     $ 5,330.25         21,321
Bookkeeper     562.50     187.50         750
Project Supervisor     900.00     300.00         1,200
Fringe Benefits     1,471.50     490.50         1,962
Travel**
(Coordinator/

volunteers)     3,000.00     1,000.00         4,000
Operating Expenses
Supplies,     913.50     304.50         1,218

including postage
Telephone,

including base/

long distance     411.75     137.25     541     1,090
Rent***                 1,875    

TOTALS     $23,250     $7,750     $2,416     $35,932

* Present salary will remain the same unless there is an increase or a bonus for state employees. Any salary increase or bonus will be paid by SCP&A.

** All travel reimbursement shall be at the same rate and under the same conditions as state employee travel reimbursement.

*** Does not include secretarial support, use of equipment, insurance or other support services.

Appendix C
MENTAL HEALTH PANEL SUMMARY
SUMMARY OF ACTION
ON MENTAL HEALTH PANEL REPORT
ISSUE: HOUSING

Recommendation A: The South Carolina Department of Mental Health should identify community residential care facility clients who could live and function in a more independent setting and plan resources accordingly.

Subcommittee recommendation: Letter to the Department of Mental Health.

Committee action: Subcommittee recommendation adopted.

Recommendation B: The South Carolina General Assembly should amend Section 44-7-310 to require the Department of Health and Environmental Control to make an annual disclosure of records and inspections on community residential care facilities.

Subcommittee recommendation:     No action.

Committee action: Subcommittee recommendation adopted.
Recommendation C: Encourage the MH/MR Committee to continue supporting advocacy group changes to the community care residential care facility regulations.

Subcommittee recommendation: Continue to support.

Committee action: Subcommittee recommendation adopted.

Recommendation D: The South Carolina General Assembly should amend the statute to provide clear guidelines for the Department of Health and Environmental Control on the penalization and closing of below standard community care facilities.

Subcommittee recommendation: Support in concept.

Committee action: Subcommittee recommendation adopted.

Recommendation E: The South Carolina General Assembly should amend the statute to provide for certain offenses by community residential care facilities which would result in automatic revocation of their operating license.

Subcommittee recommendation: Request suggested language from the Department of Health and Environmental Control, Residential Care Association, and Team Advocacy.

Committee action:     File H. 4102 and S. 1106.

Recommendation F:     The South Carolina General Assembly and the Department of Health and Environmental Control should amend the state health plan to make it unnecessary for a certificate of need to be issued to expand housing options for handicapped citizens.

Subcommittee recommendation:     Support.
Committee action:     File H. 4101 and S. 1107.

Recommendation G:     The federal government should make provisions for appropriate reimbursement for services to people with mental illness. Provisions should also be made to allow appropriate client funds despite the location or modality of the housing.

Subcommittee recommendation:     Write to federal delegation and appropriate federal agencies.

Committee action:     Subcommittee recommendation adopted.

Recommendation H:     The South Carolina General Assembly should support the development of PACT or similar programs across the state and provide a funding mechanism.

Subcommittee recommendation:     Support development of PACT programs.

Committee action:     Subcommittee recommendation adopted.
***********************************************************

ISSUE: SEXUAL ABUSE OF CHILDREN

Recommendation A:     The South Carolina General Assembly and the Department of Mental Health should develop and fund treatment programs for sexually abused children and their parents as a family unit.

Subcommittee recommendation:     Refer to Joint Committee on Children.

Committee action:     Subcommittee recommendation adopted.

Recommendation B:     Family court judges should be trained on implementations and interpretation of sexual abuse laws.

Subcommittee recommendation:     Refer to Joint Committee on Children to review judges' training.

Committee action:     Subcommittee recommendation adopted.

ISSUE: GENERAL

Public Hearing Issue:     Alzheimer's Disease

Recommendation A:     There should be an independent study to determine the most appropriate agency to assume responsibility for the Alzheimer's programs.

Subcommittee recommendation:     No action.

Committee action:     Subcommittee recommendation adopted.

Recommendation B:     The South Carolina General Assembly should provide for replication of the Hall Institute Alzheimer's program through a pilot program.

Subcommittee recommendation:     File concurrent resolution commending the Department of Mental Health for their development of Alzheimer's programs.

Committee action:     File H. 4073 and S. 1181.

Public hearing issue:     Access to Clozaril

Recommendation A:     The Department of Mental Health should expand the funding policy for distribution of Clozaril especially focused on the community mental health centers.

Subcommittee recommendation:     Combine with recommendation B, commend the Department of Mental Health on funding policy.

Committee action:     Subcommittee recommendation adopted.

Recommendation B:     Recommend the MH/MR Committee file a concurrent resolution commending the Department of Mental Health for their initiative in developing an innovative approach for the provision of Clozaril to patients within their system.

Subcommittee recommendation:     File concurrent resolution commending the Department of Mental Health on funding policy and innovations in making Clozaril available to patients.

Committee action:     File H. 4072 and S. 1183.

Public hearing issue:     Recruitment of physicians

Recommendation A:     The Department of Mental Health should continue in its current efforts to improve the work experience and make the education of mental health professionals more relevant to the needs of the people served by the public mental health system.

Subcommittee recommendation:     Letter supporting the Department of Mental Health's initiatives.

Committee action:     Subcommittee recommendation adopted.
***********************************************************

ISSUE: TRANSPORTATION

Recommendation A:     The General Assembly should amend the Code of Laws to clarify the definition of a peace officer to include all law enforcement officers. Legislation should have a delayed effective date to ensure training, by the Criminal Justice Academy, is given to officers.

Subcommittee recommendation:     Support filing legislation with an effective date of January 1993.

Committee action:     Combine with H. 4108 and S. 1118 to change term "peace officer" in mental health code to "state or local law enforcement officer" for clarification.

Recommendation B:     The General Assembly should amend the Code of Laws to provide for medical evaluations for mentally ill persons for the purpose of determining medical stability before transportation to a psychiatric facility.

Subcommittee recommendation:     Review statute with the goal of recommending an amendment.

Committee action:     Subcommittee recommendation adopted.
***********************************************************

ISSUE:
NEED FOR TRAINING/EDUCATION OF PERSONS
WHOSE WORK INVOLVES THEM WITH THE PUBLIC
MENTAL HEALTH SYSTEM

Recommendation A:     The MH/MR Committee should work with the Continuing Legal Education Division of the Bar Association to provide training to judges on mental health issues.

Subcommittee recommendation:     Write letter to the South Carolina Bar Association stating willingness to cooperate.

Committee action:     Subcommittee recommendation adopted.

Recommendation B:     The MH/MR Committee should work with the University of South Carolina School of Law to educate law students in mental health issues.

Subcommittee recommendation:     Write letter to the South Carolina Bar Association stating willingness to cooperate.

Committee action:     Subcommittee recommendation adopted.

Recommendation C:     The MH/MR Committee should work with the Continuing Legal Education Division of the Bar Association to provide for continuing legal education classes on mental health issues.

Subcommittee recommendation:     Write a letter to the South Carolina Bar Association stating willingness to cooperate.

Committee action:     Subcommittee recommendation adopted.

Recommendation D:     The General Assembly should incorporate into the training program for new legislative members information on state agency budgets and programs.

Subcommittee recommendation:     Accomplished.

Recommendation E:     The General Assembly should adopt a state policy to provide for filling temporary job placements, such as maintenance positions, with handicapped persons trained by the Department of Vocational Rehabilitation and other state agencies.

Subcommittee recommendation:     File concurrent resolution.

Committee action:     File H. 4075 and S. 1182.

Recommendation F:     The General Assembly should provide the Department of Mental Health with funding for at least three additional job coach positions.

Subcommittee recommendation:     Support in concept.

Committee action:     Subcommittee recommendation adopted.

Recommendation G:     The General Assembly should commend the Department of Mental Health, by concurrent resolution, on their efforts to train their staff and mental health center board members.

Subcommittee recommendation:     File concurrent resolution.

Committee action:     File H. 4071 and S. 1179 (staff training) and H. 4074 and S. 1180 (board training).

Recommendation H:     The General Assembly should amend the Code of Laws to require each mental health center board member to receive an orientation on mental health issues.

Subcommittee recommendation:     Recommend the MH/MR Committee write to the Mental Health Commission encouraging an orientation for mental health center board members on mental health issues.

Committee action:     Subcommittee recommendation adopted.
***********************************************************

ISSUE: DEPARTMENT OF MENTAL HEALTH
GOVERNANCE AND OPERATION

Recommendation A:     The General Assembly should create a proviso for a study to determine appropriate placement of the elderly, including a strategic plan of responsibility and funding.

Subcommittee recommendation:     Refer to the Joint Committee on Aging.

Committee action:     Subcommittee recommendation adopted.

Additional Subcommittee recommendation: Amend the Code of Laws to ask the Governor to consider consumers and family members when making appointments to mental health center boards.

Committee action:     File H. 4104 and S. 1104.
***********************************************************

ISSUE: STIGMA

Recommendation A:     The MH/MR Committee should review the Code of Laws for archaic language in regard to mental health and file legislation accordingly.

Subcommittee recommendation:     Upon receipt of a list of stigmatizing terms from the South Carolina Alliance for the Mentally Ill, ask Legislative Council to review the Code for these terms.

Committee action:     Subcommittee recommendation adopted.

Recommendation B:     The MH/MR Committee and the Panel should write the Lawyers Cooperative Publishing Company in regard to stigmatizing language in the Code Index.

Subcommittee recommendation:     Support.

Committee action:     Subcommittee recommendation adopted.
***********************************************************

ISSUE: FUNDING

Recommendation A:     The General Assembly should create a proviso allowing the Department of Mental Health to use unobligated Patient Paying Fee Account money for transition programs in the community. They should be required to report to the MH/MR Committee, the Ways and Means Committee, and Senate Finance Committee.

Subcommittee recommendation:     Amend Proviso 40.3 to allow the Department of Mental Health to use unobligated Patient Paying Fee Account Funds for transition programs, not withstanding other obligations currently in 40.3.

Committee action:     Subcommittee recommendation adopted.

Update:     This proviso was incorporated into the House version of the Appropriations Bill.

Recommendation B:     The funding made available by proviso (see Recommendation A) should be utilized consistently with the Transition Leadership Council's definition of severely mentally ill children and adults.

Subcommittee recommendation:     Support in conjunction with recommendation A.

Committee action:     Subcommittee recommendation adopted.

Update:     This proviso was incorporated into the House version of the Appropriations Bill.

Recommendation C:     The General Assembly should return $3.8 million of Patient Paying Fee Account money to the Department of Mental Health.

Subcommittee recommendation:     Support.

Committee action:     Subcommittee recommendation adopted.

Recommendation D:     The General Assembly should prioritize funding for the Department of Mental Health's base budget to move from centrally based services to community based services.

Subcommittee recommendation:     No action.

Committee action:     Subcommittee recommendation adopted.

Recommendation E:     The MH/MR Committee should file legislation replicating their joint resolution on the locus of treatment being in the community.

Subcommittee recommendation:     No action.

Committee action:     Subcommittee recommendation adopted.
***********************************************************

ISSUE: COMMITMENT

Recommendation A:     The MH/MR Committee should work with a small group and the Department of Mental Health to consider changes to this section that will allow clarification of Article Seven, judicial commitment, and treatment to address the issue of gravely disabled.

Subcommittee recommendation:     No action.

Committee action:     Subcommittee recommendation adopted.

Recommendation B:     Notice of patient's right to periodic court review in Section 44-17-630 be amended to read, paragraph one "The notice shall be given in writing upon admission to the hospital and every six [annually] months thereafter during the treatment of the patient."; paragraph two "Upon receipt of the petition the court shall conduct proceedings in accordance with this chapter, Chapter 9, Chapter 13, Article 1 of Chapter 15, Chapter 17, and Chapter 27, except that the proceedings shall not be required to be conducted if the petition is filed sooner than six months after the issuance of the order for treatment of sooner than three [six] months after the holding of a hearing pursuant to this section.

Subcommittee recommendation:     Support.

Committee action:     File H. 4106 and S. 1102.

Recommendation C:     Allow patients to change their commitment status from involuntary to voluntary.

Subcommittee recommendation:     No action.

Committee action:     Subcommittee recommendation adopted.

Recommendation D:     Section 44-17-580 should be amended so that future commitments made would be commitments made to the Department of Mental Health rather than a facility or treatment modality

Subcommittee recommendation:     Support.

Committee action:     File H. 4108 and S. 1117.
***********************************************************

ISSUE: ALCOHOL AND DRUG ABUSE

Recommendation A:     Consolidation of the Department of Mental Health and South Carolina Commission on Alcohol and Drug Abuse by placing SCCADA within the Department of Mental Health system. If total consolidation is not feasible, the treatment systems should be consolidated with the Department of Mental Health in the lead. Priority should be given to community based detoxification services.

Subcommittee recommendation:     No action until the Governor's Restructuring Committee completes its work.

Committee action:     Subcommittee recommendation adopted.

Recommendation B:     The MH/MR Committee should work with a small group to draft language dealing with a third standard of commitment to address the dually diagnosed. The Panel recommends asking for an Attorney General's opinion on this draft language.

Subcommittee recommendation:     No action until the Governor's Restructuring Committee completes its work.

Committee action:     Subcommittee recommendation adopted.

Recommendation C:     The Legislative-Governor's Committee on Mental Health and Mental Retardation and the Joint Committee to Study the Problems of Alcohol and Drug Abuse should hold statewide public hearings this summer on alcohol and drug abuse issues including the Panel recommendations.

Subcommittee recommendation:     No action until the Governor's Restructuring Committee completes its work.

Committee action:     Subcommittee recommendation adopted.

ISSUE: FORENSIC

Recommendation A:     A pilot program to provide intensive community support programs for people with mental illness who have committed minor criminal offenses as an alternative to incarceration in prison.

Subcommittee recommendation:     Recommend study of pilot project.

Committee action:     Subcommittee recommendation adopted.

Recommendation B:     The Department of Mental Health should start a pilot program to provide intensive community support services for people with mental illnesses returning to communities from prisons.

Subcommittee recommendation:     Recommend study of pilot project.

Committee action:     Subcommittee recommendation adopted.

Recommendation C:     The Departments of Corrections and Mental Health should establish better coordination, particularly for pre-release planning. Commissioners of both departments should establish on going liaisons at all levels. Similar coordination should be established between Mental Health and Pardons and Paroles. Community programs relating to substance abuse should also be involved.

Subcommittee recommendation:     Write to involved departments encouraging cooperation.

Committee action:     Subcommittee recommendation adopted.

On motion of Rep. P. HARRIS, the report was ordered printed in the Journal.

SENT TO THE SENATE

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.

H. 4877 -- Reps. Phillips and McCraw: A BILL TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1 SHALL BE ELECTED.

H. 4682 -- Rep. Beasley: A BILL TO AMEND SECTION 56-3-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREE VEHICULAR REGISTRATION FOR FORMER PRISONERS OF WAR, SO AS TO PROVIDE THAT THE PLATE MAY BE TRANSFERRED TO A VEHICLE OWNED OR LEASED BY A FORMER PRISONER OF WAR OR HIS SURVIVING SPOUSE.

H. 4823 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO OUTDOOR ADVERTISING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1495, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4881 -- Reps. Boan, H. Brown, Kirsh, Foster, Meacham, Carnell, McAbee, Hyatt and J. Harris: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO CHANGE THE NAME OF THE AUTHORIZATION FOR THE YORK COUNTY TECHNICAL COLLEGE.

H. 4889 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO LICENSING STANDARDS FOR CONTINUING CARE RETIREMENT COMMUNITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1433, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4892 -- Rep. Koon: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS TO ASSESS THE IMPACT ON THE STATE FOR DEVELOPING FIELD TRIAL FACILITIES AND TO DEVELOP A PLAN FOR SUCH FACILITIES; TO PROVIDE FOR THE MEMBERS OF THE COMMISSION AND AN ADVISORY COMMITTEE; TO AUTHORIZE CONSULTATION WITH PUBLIC AND PRIVATE AGENCIES AND ORGANIZATIONS; AND TO PROVIDE REPORTING REQUIREMENTS AND THE TERMINATION OF THE COMMISSION JANUARY 1, 1994.

RETURNED TO THE SENATE WITH AMENDMENT

The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.

S. 1398 -- Senators Bryan, J. Verne Smith, Courtney, Martschink, Mullinax, Rose, Stilwell, Thomas and Wilson: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY BY ADDING CHAPTER 36 SO AS TO REGULATE LOAN BROKERS NOT OTHERWISE REGULATED BY FEDERAL OR STATE LAW, TO PROVIDE DEFINITIONS, TO PROHIBIT LOAN BROKERS FROM PERFORMING CERTAIN ACTS, TO PROVIDE FOR THE RESPONSIBILITY OF PRINCIPALS, TO PROVIDE FOR INVESTIGATIONS, CEASE AND DESIST ORDERS, AND HEARING PROCEDURES WITH RESPECT TO LOAN BROKERS, TO PROVIDE FOR ADMINISTRATIVE FINES AND OTHER SANCTIONS, TO PROVIDE FOR EXAMINATIONS, SUBPOENAS, HEARINGS, AND WITNESSES, TO PROVIDE FOR INJUNCTIONS TO RESTRAIN VIOLATIONS, TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS, AND TO AUTHORIZE ACTIONS FOR DAMAGES.

S. 142 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-13-160 SO AS TO REQUIRE A PET DEALER AND PET SHOP OWNER TO PROVIDE AN ANIMAL BUYER WITH A STATEMENT FROM A LICENSED VETERINARIAN THAT THE ANIMAL HAS BEEN EXAMINED AND IS FREE OF DISEASE AND DEFORMITY, PROVIDE REMEDIES, AND DEFINE TERMS.

H. 4868-- AMENDED AND SENT TO THE SENATE

The following Bill was taken up.

H. 4868 -- Reps. Huff, Smith, Sharpe, Rudnick, Stone and Gentry: A BILL TO AMEND ACT 588 OF 1986, RELATING TO THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS FOR THE SCHOOL BOARD OF AIKEN COUNTY, SO AS TO REAPPORTION THE DISTRICTS.

Rep. SMITH, with unanimous consent, proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\12593.DW), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     Section 1 of Act 588 of 1986 is amended to read:

"Section 1.     One member of the Aiken County School Board must reside in and be elected from each of the following defined single-member election districts for terms of four years by the electors within each election district:
District Number Population Variance
and Composition of Districts

District No. 1

Saluda County Part     3,212

Aiken County

Monetta Division     3,138

Salley Division     2,562

Wagener Division     3,355

12,267     +1.44

District No. 2

Beech Island Division

Block GP 3     798

Blocks 224-250     697

ED 150     2

ED 151     32

Jackson Division     2,650

New Ellenton     5,940

Windsor Division     1,911

12,030     +0.52

District No. 3

Beech Island Division     4,839

Less: Blocks 224-250     (697)

Block GP 3     (798)

ED 150     (2)

ED 151     (32)

North Augusta Division

Tract 210.01     4,291

Tract 210.02     4,563

12,164     +0.59

District No. 4

North Augusta Division

Tract 207     9,663

Less: Block 427     (370)

Block GP 5     (1,395)

Block GP 6     (1,847)

Block GP 9     (713)

Tract 208     6,301

11,639     -3.75

District No. 5

North Augusta Division

Tract 205     1,769

Tract 206     6,819

Less: Blk GP 5     (590)

Tract 207

Block 427     370

Block GP 5     1,395

Block GP 6     1,847

Block GP 9     713

12,323     +1.90

District No. 6

Aiken Division

Tract 203

ED 133     694

ED 134     412

ED 135     120

North Augusta Division

Tract 204     3,506

Tract 206

Block GP 5     590

Tract 211     6,635

11,957     -3.79

District No. 7

Aiken Division

Tract 203     5,654

Less: ED 133     (694)

ED 134     (412)

ED 135     (120)

Block 901     (168)

Tract 214     7,350

Tract 215

Blocks 101-104     362
105-111     270
112-114     64

116-117     78

Tract 216

Blocks 203-207     49
329     0
346     0

12,433     +2.81

District No. 8

Aiken Division

Tract 203

Block 901     168

Tract 215

Block GP 1     1,099

Less Blocks:

101-104     (362)
105-111     (270)
113-114     (64)

116-117     (78)

Block GP 2     1,089

Tract 216     7,234

Less Blocks:
203-207     (49)

329     (0)
346     (0)

Edisto-Shaws Division     2,994

11,761     -2.74

District No. 9

Aiken Division

Tract 212     6,394

Tract 213     3,651

Tract 215     4,406

Less Block GP 1     (1,099)

Block GP 2     (1,089)

12,263     +1.41

DISTRICT 1

Area     Population

Aiken County

EUREKA

Tract 0202.00

Blocks: 107, 108, 109, 110, 134, 135, 136, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195     315

Tract 0203.00

Blocks: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 513, 514, 515, 516     261

MONETTA     1,319

NEW HOLLAND     844

OAK GROVE     864

PERRY     1,287

SALLEY     990

SHILOH

Tract 0202.00

Blocks: 209, 210, 211, 212, 218, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 238, 242, 243     649

TABERNACLE     795

WAGENER     2,209

WARD

Tract 0201.00

Blocks: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 235, 236, 237, 238, 239, 240, 241, 242, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 272, 273, 282, 283, 284, 285, 286, 287, 288, 289, 290     480

Tract 0202.00

Blocks: 101, 102, 103, 104, 105, 106, 111, 112, 113, 114, 115, 116, 119, 137     240

WHITE POND

Tract 0219.00

Blocks: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 396, 397     523

Saluda County

CLYDE

Tract 9604.00

Blocks: 107, 109, 111, 115, 116, 117, 118, 119     189

MONETTA     253

RICHLAND

Tract 9602.00

Blocks: 464     6

Tract 9604.00

Blocks: 120, 121, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197     456

RIDGE SPRING     1,329

WARD     607

DISTRICT TOTAL     13,616

DISTRICT 2

Area     Population

Aiken County

COUCHTON

Tract 0219.00

Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 131, 132     253

HAMMOND

Tract 0209.00

Blocks: 149, 150, 211, 212, 214, 225, 228, 229, 241, 251, 252, 254, 255, 256, 257, 258, 259, 260, 261, 301, 302, 303, 304, 305, 306, 307, 309, 311, 312, 313, 314, 315, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358     1,227

JACKSON     2,843

MONTMORENCI

Tract 0216.01

Blocks: 373     21

Tract 0219.00

Blocks: 127, 128, 129, 130, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 221     150

Tract 0220.00

Blocks: 102, 103, 104, 105, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 190, 191, 192, 193, 194, 195, 196, 197, 601, 602, 603, 604, 605, 629, 630, 631     331

NEW ELLENTON     2,515

TALATHA     4,351

WHITE POND

Tract 0219.00

Blocks: 320, 321, 322, 323, 324, 325, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395     260

WINDSOR     1,685

DISTRICT TOTAL     13,636

DISTRICT 3

Area     Population

Aiken County

BATH     1,749

BEECH ISLAND     2,166

CLEARWATER     1,511

HAMMOND

Tract 0209.00

Blocks: 141, 143, 145, 147, 164, 165, 166, 170, 176, 177, 178, 179, 181, 207, 231, 232, 237, 238, 239, 240, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 310     1,319

JORDANTOWN

Tract 0210.01

Blocks: 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 613, 618, 619, 620     676

LYNWOOD     1,608

TOWN CREEK     1,103

WILLOW SPRINGS     3,641

DISTRICT TOTAL     13,773

DISTRICT 4

Area     Population

Aiken County

BELVEDERE 9

Tract 0207.01

Blocks: 201A, 201B, 202, 203, 204, 205, 206, 207A, 208A, 209A, 209B, 210, 211, 403A, 404A     506

Tract 0207.02

Blocks: 101     326

CAROLINA HEIGHTS     2,242

FOX CREEK

Tract 0205.00

Blocks: 119, 120A, 120B     0

Tract 0208.00

Blocks: 901B, 901C, 915     182

NORTH AUGUSTA 25     1,949

NORTH AUGUSTA 26

Tract 0207.01

Blocks: 207B, 208B, 401A, 403B, 403C, 404B, 405, 406, 407, 408, 409, 410, 411, 412, 502, 503, 504     770

Tract 0207.02

Blocks: 102, 103, 206, 207, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 401, 402, 403, 404, 405, 406, 407, 408, 409     942

NORTH AUGUSTA 28     2,142

NORTH AUGUSTA 29     1,547

NORTH AUGUSTA 54     1,851

NORTH AUGUSTA 55     1,465

DISTRICT TOTAL     13,922

DISTRICT 5

Area     Population

Aiken County

BELVEDERE 44     2,260

BELVEDERE 45     4,684

BELVEDERE 9

Tract 0206.00

Blocks: 118, 119, 120, 121, 201, 202, 212, 213, 214, 215, 216, 217, 218, 219, 310, 311, 312, 313, 314, 315, 320, 321, 322, 408, 417, 418, 419A, 419B, 420, 421, 422, 423, 424A, 424B, 425A, 425B, 428, 906A, 906B, 906C, 906D, 906E, 906F, 906H, 931A, 931B     1,445

FOX CREEK

Tract 0205.00

Blocks: 101, 102A, 102B, 102C, 103, 104, 105A, 105B, 105C, 105D, 106, 107, 108, 109, 110, 111A, 111B, 112, 113, 114, 115, 116, 117, 118, 123, 124, 125, 127A, 127B, 128A, 128B, 129     1,783

Tract 0207.01

Blocks: 902, 903, 904, 905A, 905B, 906B, 906C, 907, 908, 909A, 909B, 910B, 910C, 911B, 912B, 913, 914A, 914B, 915A, 915B, 915C, 916     288

NORTH AUGUSTA 26

Tract 0207.01

Blocks: 401B, 402, 501, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520     1,836

NORTH AUGUSTA 27     1,911

DISTRICT TOTAL     14,207

DISTRICT 6

Area     Population

Aiken County

AIKEN 1

Tract 0212.01

Blocks: 101A, 101B     10

Tract 0212.02

Blocks: 102A, 102B     0

Tract 0213.00

Blocks: 222, 314, 319, 321, 322, 323, 324, 325, 326, 401, 402, 405, 406, 407, 408, 409, 410A, 410B, 410C, 410D, 411A, 411B, 411C, 412, 413A, 413B, 414A, 414B, 414C, 415, 416, 417A, 417B, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430     1,012

AIKEN 2

Tract 0213.00

Blocks: 223, 312A, 315, 316, 317, 318, 320     104

BREEZY HILL     2,035

EUREKA

Tract 0203.00

Blocks: 511, 512, 518, 519, 520, 521, 522, 523, 529, 530, 531, 532, 564, 568, 569, 570, 593, 594, 595, 596, 597     665

GLOVERVILLE     1,577

GRANITEVILLE

Tract 0203.00

Blocks: 212, 218, 219, 220, 221, 222, 223, 224, 226B, 236, 239     259

Tract 0204.00

Blocks: 115, 116, 122, 124, 125, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 327, 418, 507, 508, 904, 905, 906     1,047

JORDANTOWN

Tract 0210.01

Blocks: 631     0

Tract 0211.00

Blocks: 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 626     454

LANGLEY     2,843

SIX POINTS 35

Tract 0213.00

Blocks: 301A, 301B, 301C, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312B, 313A, 313B, 313C, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512A, 512B, 512C, 512D, 513, 514, 515, 516, 517, 518, 519, 520, 524, 526, 527, 528     1,347

VAUCLUSE

Tract 0203.00

Blocks: 225, 311, 312, 314, 315, 317, 367, 368, 369, 370, 371, 372, 524, 525, 526, 527, 528, 533, 534, 535, 536, 537, 538, 539, 540, 541, 545, 546, 547, 548, 552, 562, 588, 589, 590, 591, 592     406

WARRENSVILLE

Tract 0211.00

Blocks: 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115A, 115B, 116, 117, 118, 119A, 119B, 120, 121, 123, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 624, 901, 902, 903, 905, 906, 909, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 933, 934, 935     2,171

DISTRICT TOTAL     13,930

DISTRICT 7

Area     Population

Aiken County

AIKEN 2

Tract 0213.00

Blocks: 102, 103, 212, 213, 214, 215     227

Tract 0214.00

Blocks: 408, 409, 410, 411, 412, 413, 415, 416, 422, 424, 425, 426, 517, 518, 519, 522A, 523A, 524A, 525A, 530, 531, 532, 601A, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 704, 705A, 706A, 708A, 709A, 709B, 710, 711, 712, 713, 717A, 718, 719, 720, 721, 722A, 723A, 805A, 806, 807A, 809A, 810A, 810B, 810C, 817A, 818A, 819, 820, 821A, 822A, 825A, 828A     2,286

AIKEN 3

Tract 0203.00

Blocks: 907A     39

Tract 0214.00

Blocks: 101, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 520     609

AIKEN 4     2,336

AIKEN 5

Tract 0213.00

Blocks: 115     10

Tract 0214.00

Blocks: 301, 302, 303, 304, 305, 306, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329     339

Tract 0215.00

Blocks: 105, 106, 107, 108, 112A, 113A, 114A, 115A, 115B, 116A, 117A, 119A, 125A     428

Tract 0216.01

Blocks: 410, 411, 412, 413, 417A, 418A, 419A, 420, 421, 422, 423, 424A, 425     202

CHINA SPRINGS

Tract 0203.00

Blocks: 204, 205, 206, 207, 208, 209, 231, 232, 233, 240, 241, 301, 302, 303, 304, 305, 306, 309, 310, 313, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 574, 575, 576, 577, 578, 581, 584, 585, 586, 587, 901, 902, 903, 904, 905, 906, 907B, 908, 912, 913, 914     2,208

EUREKA

Tract 0203.00

Blocks: 517, 567, 571, 572, 573     40

GRANITEVILLE

Tract 0203.00

Blocks: 226A, 237A, 237B, 238     490

Tract 0204.00

Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 117, 118, 119, 120, 121, 123, 126, 127, 901A, 901B, 902, 903, 907A, 907B, 908A, 908B, 909A, 909B, 910, 911     963

LEVELS

Tract 0215.00

Blocks: 101A, 101B, 102, 103, 111, 112B, 112C, 113B, 114B, 114C, 114D, 116B, 117B, 118B, 119B, 125B     406

Tract 0216.01

Blocks: 366A, 366B, 419B, 424B     0

Tract 0216.02

Blocks: 311A, 311B     18

MONTMORENCI

Tract 0216.02

Blocks: 310A, 310B     10

SIX POINTS 35

Tract 0214.00

Blocks: 701, 702, 703, 705B, 706B, 707, 708B, 709C     84

SIX POINTS 46     2,370

VAUCLUSE

Tract 0203.00

Blocks: 307, 308, 316, 365, 366, 565, 566, 579, 580, 582, 583     498

WARRENSVILLE

Tract 0211.00

Blocks: 122, 124, 125, 126, 127, 128, 129, 144, 145     31

DISTRICT TOTAL     13,594

DISTRICT 8

Area     Population

Aiken County

AIKEN 3

Tract 0203.00

Blocks: 909A     134

Tract 0216.01

Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 211A, 212A     1,452

AIKEN 5

Tract 0213.00

Blocks: 111, 112, 113, 114, 116, 117, 118, 119, 120, 121, 128, 129, 130, 131, 132, 133, 134, 139, 140, 141     141

Tract 0214.00

Blocks: 307, 308, 309, 310     38

Tract 0215.00

Blocks: 118A, 120, 121, 122, 123, 124, 201, 202, 203, 204, 207, 208, 209, 210, 211, 212, 214, 215, 216, 217, 220, 221, 225A, 225B, 225C, 506, 507, 508, 509, 510, 511, 520, 521, 522, 523, 524, 525     1,498

AIKEN 6

Tract 0215.00

Blocks: 205, 206, 213, 401, 429, 501, 502, 503, 504, 505, 512, 513, 514, 515, 516, 517, 518, 519     364

CHINA SPRINGS

Tract 0203.00

Blocks: 909B, 910, 911     50

COLLEGE ACRES     1,566

COUCHTON

Tract 0216.01

Blocks: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341A, 341B, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365A, 367, 368, 369, 370, 371, 374, 375, 376     1,693

Tract 0219.00

Blocks: 126     1

LEVELS

Tract 0215.00

Blocks: 218, 219A, 219B, 225D, 226C     198

Tract 0216.02

Blocks: 101A, 101B, 101C, 102B, 103, 104A, 104B, 105A, 105B, 105C, 106A, 106B, 106C, 107, 108A, 108B, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 201A, 201B, 202A, 202B, 203A, 203B     1,234

MONTMORENCI

Tract 0216.01

Blocks: 372     0

Tract 0216.02

Blocks: 301, 302, 303A, 303B, 304, 305, 306, 307A, 307B, 308A, 308B, 309A, 309B, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330     869

Tract 0220.00

Blocks: 101     0

REDDS BRANCH     1,384

SHAWS FORK     668

SHILOH

Tract 0202.00

Blocks: 130, 201, 202, 203, 204, 205, 206, 207, 208, 213, 214, 215, 216, 217, 219, 235, 236, 237, 239, 240, 241, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 333, 345, 346     1,312

WARD

Tract 0201.00

Blocks: 233, 234, 243, 271, 274, 275, 276, 277, 278, 279, 280, 281, 291, 292, 293, 294, 295, 296, 297     124

Tract 0202.00

Blocks: 117, 118, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 131, 132, 133, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 196, 197     718

DISTRICT TOTAL     13,444

DISTRICT 9

Area     Population

Aiken County

AIKEN 1

Tract 0213.00

Blocks: 104, 105, 106, 107, 108, 109, 110, 125, 126, 127, 135, 138, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216, 217, 218, 219, 220, 221, 224, 225, 226, 227, 228, 327, 328, 329, 330, 403, 404     406

AIKEN 47     1,821

AIKEN 6

Tract 0212.02

Blocks: 202A, 301A, 302, 303, 304, 305, 306, 307, 308, 401A, 402     437

Tract 0213.00

Blocks: 122, 123, 124, 136, 137     85

Tract 0215.00

Blocks: 222, 223, 224, 226A, 301, 302A, 302B, 402, 403A, 404A, 405A, 407A, 408A, 409A, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427     858

HOLLOW CREEK     5,298

LEVELS

Tract 0215.00

Blocks: 226B, 227, 303, 304A, 304B, 304C, 304D, 305, 306A, 306B, 307, 308A, 308B, 309A, 309B, 310, 311A, 311B, 311C, 312A, 312B, 313A, 313B, 314A, 314B, 314C, 314D, 314E, 315, 316, 320, 321, 323, 324, 325, 326A, 326B, 403B, 404B, 405E, 406, 407B, 408B, 409B     1,186

Tract 0216.02

Blocks: 102A     0

MILLBROOK     3,567

DISTRICT TOTAL     13,658./

Amend title to read:

/A BILL

TO AMEND ACT 588 OF 1986, RELATING TO THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS FOR THE SCHOOL BOARD OF AIKEN COUNTY, SO AS TO REAPPORTION THE DISTRICTS./

The Bill, as amended, was read the third time, and ordered sent to the Senate.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of Acts, and that they be enrolled for ratification.

S. 1338 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-19-25 SO AS TO VALIDATE THE PRIOR ESTABLISHMENT OF CERTAIN FIRE PROTECTION DISTRICTS; AND TO AMEND SECTION 4-19-20, RELATING TO THE ACTION REQUIRED OF A COUNTY GOVERNING BODY BEFORE THE IMPOSITION OF AD VALOREM TAXES TO FUND THE SERVICES PROVIDED BY A FIRE PROTECTION DISTRICT, SO AS TO REVISE THE PROCEDURE FOR THE ESTABLISHMENT OF A FIRE PROTECTION DISTRICT AND LIMIT CHALLENGES TO THE ESTABLISHMENT OF A DISTRICT.

S. 1390 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISKS, SO AS TO PROVIDE THAT NO INSURER MAY ACT AS A SERVICING CARRIER FOR ANY ASSIGNED RISK POOL FOR WORKERS' COMPENSATION INSURANCE UNLESS THE INSURER PARTICIPATES IN THE VOLUNTARY MARKET FOR WORKERS' COMPENSATION INSURANCE IN THE STATE, AND PROVIDE FOR CERTAIN SERVICING CARRIER CONTRACTS IN CONNECTION WITH AND RELATION TO THE PROVISIONS OF THIS SECTION.

ADJOURNMENT

At 11:00 A.M. the House in accordance with the motion of Rep. RHOAD adjourned to meet at 10:00 A.M., Tuesday, June 2, in Statewide Session.

* * *


This web page was last updated on Tuesday, June 30, 2009 at 8:47 A.M.