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:

Almighty God, the Light above our shadows, the Understanding within our sorrows, and the Strength behind our struggles, shine in all Your splendor upon us as we lift our prayer to You. Set us free from selfish interests and self-centered ambitions, enabling us to be a blessing to our fellowbeings and altogether pleasing in Your sight. Lead us into the fraternity of those who believe in following Your teachings and who, responding positively to these teachings, have found new life, new hope and new enthusiasm for all that is good and true. Teach us to forgive as we have been forgiven, to show mercy as we have received mercy, and to live as we ought to live.

In the Name of Jesus we pray. Amen.

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

The following was received.

I.     Introductory Statement     1

II.     Brief History     2

III.     Public Hearing and Committee Meeting     3

IV.     Legislation Introduced by the Committee     3

V.     Other Bills Monitored in Legislative
Update 1990-91     9

VI.     Appropriations     12

VII.     Issues Under Review     13

VIII.     S.C. Commission on Aging     13

IX.     Activities

-Health Care Consent Project     18

    -Older Americans Act Reauthorization     18

    -"The Greying of South Carolina"     19

    -Legislative Update     19

    -Seniors' Legislative Day     20

    -Legislative Intern Programs     20

-Committee and Staff Liaison Activities     21

    -Publications     22

X.     Reports

-Senior Living Economic Impact Study     23

-Panel Study of Older South Carolinians     23

-Home/Community Long Term Care

Insurance Option Evaluation     23

-State Retiree Long Term Care Insurance     24

-Homestead Tax Exemption - Notification     25

-Senior Center Survey (SCCOA)     25

Appendix

A -Aging Organizations     26

B -Act 402 To Create a Permanent Committee     29

C -Homestead Exemption Reimbursement

for 1988     30

D -1988 General Election Voter Activity by

Age Within County     31

COPIES OF THIS REPORT MAY BE OBTAINED FROM:
Keller H. Barron, Director of Research
Beth Mitchell, Research Assistant
Joint Legislative Study Committee on Aging

212 Blatt Building, PO Box 11867

Columbia, South Carolina 29211

Telephone: (803)734-2995

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

The Joint Legislative Committee on Aging is pleased to submit the Twenty-first Annual Report of the Committee.

Today's older Americans have been called "pioneers on the frontier of life expectancy."

Two-thirds of all the people who lived past 65 are alive in the world today.

By the year 2000, ten years from now, life expectancy for U.S. citizens is believed by many experts to be as high as 80 years - 74 years for men and 86 years for women.

Persons 65 years and older are the fastest growing constituency in South Carolina.

By the year 2000, ten years from now, 1 in eight South Carolinians will be 65 years or older.

What does this demographic phenomenon mean to public policy? The Joint Legislative Committee on Aging has addressed some of the issues and concerns of older South Carolinians during the 1990 legislative session. We appreciate the excellent cooperation and participation of our citizens, public and private agencies and colleagues.

A summary of the status of the twenty bills introduced by the Committee in 1990 and the ten bills carried over from the 1989 session may be found in the body of this report, along with a list of selected legislation related to aging monitored by the Committee.

The Committee wishes to express our appreciation to Elizabeth G. Patterson, Associate Professor of Law, USC and Eve Moredock Stacey, Public Services Director, South Carolina Bar for their constant attention to the Health Care Consent Project Legislation introduced by the Committee.

Our Annual Public Hearing has been scheduled for Wednesday, September 12, 1990, Room 101 Blatt Building, Columbia.

We note with sadness the passing this year of our beloved Dr. J. Carlisle Holler who served on our Committee from 1983 to 1987. His wit and wisdom will be missed.

Sherri L. Craft who joined the staff of the Committee in September 1985 resigned in February 1990 to accept the position of Aging Program Coordinator with the Central Midlands Regional Planning Council. Our very best wishes go with her!

Farewell is also in order for our colleague, Dill Blackwell, who is retiring from the House. Representative Blackwell, District 17 in Greenville County, has served in the House since 1981 and on our Committee since 1983. Many of our legislative successes are the result of his dedication and diligence. We appreciate his public service and wish him well in his future endeavors.

Growing old tomorrow may not be the same as growing old yesterday, but we hope that through our efforts it may be better!
Respectfully submitted,

/s/Patrick B. Harris, Chairman, Representative
/s/Dave C. Waldrop, Jr., Vice-Chmn., Representative
/s/Dill Blackwell, Representative
/s/Peden B. McLeod, Senator
/s/Isadore E. Lourie, Senator
/s/Nell W. Smith, Senator
/s/Gloria H. Sholin, Gubernatorial Appointee
/s/Thomas D. Stilwell, Gubernatorial Appointee
/s/Robert C. Wasson, Gubernatorial Appointee

In 1959 the first Joint Legislative Committee "to study the needs and problems relating to the aged citizens in South Carolina" was created. This Committee continued its work until 1963. By 1969 the need for a committee to study the problems of the elderly in South Carolina was again evident and the legislature created such a committee under Concurrent Resolution No. 1286. This Committee continued under the authority of continuing resolutions until 1978 when the General Assembly found "the Committee to Study Public and Private Services, Programs and Facilities of the Aging fulfills a necessary and continuing legislative need and that the functions of the Committee can be more properly fulfilled by a permanent Committee," Act 402 (Code 2-51-10, 1978).

The Committee is made up of three members of the Senate, appointed by the President of the Senate, three members of the House, appointed by the Speaker, and three members appointed by the Governor. Serving as chair of the Committee have been, Representative Martha Thomas Fitzgerald, 1959-1963; Senator Richard W. Riley, 1969-1976; Senator Hyman Rubin, 1977-1984. Representative Patrick B. Harris is the current Chairman, elected on November 29, 1984.

Sarah C. Shuptrine was the first Director of Research. Keller H. Barron, formerly Bumgardner, succeeded her as Director of Research in 1979. Sherri L. Craft, Research Assistant, joined the staff in 1985 and resigned February 1990. Beth Mitchell, Administrative Specialist, began working part time with the Committee in 1987 and will assume the full time position of Research Assistant in May. Catharine Drennon, USC College of Social Work, was the Legislative Intern for the academic year 1989-90. Anna Crotts, Agnes Scott College, observed the Committee between semesters.

The Annual Public Hearing of the Study Committee on Aging was held on September 20, 1989. Thirty-eight persons appeared before the Committee and written testimony was submitted by six persons. State agencies, commissions, organizations, service delivery groups and individual interests were represented.

The record of the hearing is available in the office of the Committee, 212 Blatt Building. Transcription copies are provided to appropriate state agencies and upon request to individuals and organizations.

The Committee met on November 9, 1989 to review the testimony presented, to receive reports on issues under review, to discuss proposed legislation and to determine the 1990 legislative priorities.

PASSED:

ADULT DAY CARE NEEDS OF STATE EMPLOYEES: (S.928, H.4220/R.455)

Joint Resolution: Whereas, numerous state employees perform dual roles as caregivers for family members and as state employees; and

Whereas, the consequences of the dual roles include lowered job performance and an increased absence rate; and

Whereas, it is extremely important to the State to address the needs of these caregivers. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The Division of Human Resource Management of the State Budget and Control Board is directed to study the adult day care service needs of state employees who currently are taking care of family members and to examine ways of providing state-supported adult day care services.

SECTION 2. This act takes effect upon approval by the Governor.

STATEMENT OF ESTIMATED FISCAL IMPACT

H.4220 is a Joint Resolution which directs the Human Resource Management Division of the Budget and Control Board to study the adult day care service needs of state employees who are currently taking care of family members and to examine ways of providing state-supported adult day care services.

The types of adult day care services which family members currently provide will vary greatly from custodial to medical to psychiatric services. Assessing the need and demand for these different services will require expertise in geriatric care issues. However, the Division of Human Resource Management indicates that it will be possible to obtain a preliminary numerical and geographical assessment by means of a stratified incidence survey.

By narrowing the survey from a total of 67,000 state employees down to 1,600 employees within a large agency whose internal population distribution is relatively equal statewide and selecting only those employees within the 30 and older age bracket, an accurate assessment can be made.

The intial fiscal impact on this Bill was $58,500. However, by narrowing the sample to a specific group the Division will be able to utilize available resources. The fiscal impact to the General Fund will be negligible.

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MEDICARE PREMIUMS, BENEFITS, BUDGET: (H.4314, S.1014, Adopted 1/25/90)

Concurrent Resolution: Whereas, Medicare was established by the federal government in 1965 for the purpose of creating a federal financing system that would provide elderly Americans with affordable access to health care services; and

Whereas, Medicare beneficiaries in South Carolina pay social security premiums equal to persons in all other states, yet received significantly less in benefits; and

Whereas, the Medicare program originally contained features that provided "unusual, customary, and reasonable" reimbursement for services and minimized the program's impact on the then existing health care system; and

Whereas, the South Carolina Medical Association and the American Medical Association have encouraged the United States Congress to address an indemnity payment schedule, which reflects valid and demonstrable geographic differences in practice costs and is based on an appropriate relative value scale, as a more acceptable Medicare payment system; and

Whereas, it is important that the current funding level for Medicare is maintained; and

Whereas, the United States Congress should keep its promise to provide high quality health care for the nation's elderly and disabled; and

Whereas, it is especially fitting that Congress take this action on the occasion of Medicare's twenty-fifth anniversary. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly memorialize the United States Congress either to reduce South Carolina Medicare premiums or to equalize benefits to persons across the nation and to protect Medicare in its budget deliberations for Fiscal Year 1991.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.

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HOMESTEAD TAX EXEMPTION NOTIFICATION: (H.4221,
S.929/R.346)

Whereas, persons eligible for a homestead tax exemption fail to apply for the exemption in a timely manner due to lack of information. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

The South Carolina Comptroller General's office is directed to study additional ways of notifying persons eligible for a homestead tax exemption to enable them to apply before the deadline.

SECTION 2. This act takes effect upon approval by the Governor.

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CLIENT-PATIENT PROTECTION ACT: (H.4223,
S.931/R.531, Act _____)

At the request of the Governor's Ombudsman Office, the Committee introduced H.4223 and S.931 to amend the current Client-Patient Protection Act to define neglect and exploitation and add neglect and exploitation as offenses subject to penalty. Sec. 43-30-20 "(J) 'Neglect of a client-patient's health or welfare may occur when the person responsible for his welfare fails to provide the goods or services which are necessary to avoid physical harm, mental anguish, or mental illness or the responsible person allows the failure to occur. Examples of neglect include, but are not limited to, failure to provide adequate food, shelter, health care, safety, or clothing or failure to notice the client-patient's conditions and take appropriate action. (K) 'Exploitation' means an illegal, improper, or unjust act or process of a facility administrator or staff member using the resources of a client-patient for monetary or personal benefit, profit, or gain."

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THE FOLLOWING BILLS RESULTED FROM THE HEALTH CARE CONSENT PROJECT OF THE S.C. BAR AND S.C. COMMISSION ON AGING:

ADULT HEALTH CARE CONSENT ACT: (H.4445/S.1137, R.565, Act ____)

This act authorizes family members or other surrogates to make health care decisions for persons other than children who are incapable of making such decisions for themselves. It applies only where there is no other person legally authorized to make such decisions (such as a guardian or a person named in a durable power of attorney). The conditions under which a person will be regarded as incapable of making decisions for himself is defined. An order of priority is specified for choosing family members or others to serve as surrogate decisionmakers. The consideration of patient's prior requests that certain persons not serve as surrogates or that certain care not be provided is allowed.

In an emergency health care may be provided to such persons without consent, or with consent from a person of lower priority. Emergency as defined includes conditions presenting serious threats to the health of the patient as well as conditions that are life-threatening. Necessary care may be provided to such persons without consent if there is no authorized person available and willing to make health care decisions for the patient.

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AMENDMENTS TO THE PROBATE CODE: (S.1138/H.4444, R.576, Act _____)

The flexibility of the Probate Courts to make health care decisions for an incapacitated person or to authorize a temporary or limited guardian to do so is increased. The Durable Power of Attorney statute is amended to authorize "springing" durable powers of attorney (not effective until principle becomes disabled), and to specify that a durable power may be used to assign authority to make decisions concerning health care. Persons nominated by the incapacitated person and attorneys-in-fact with powers relating to the person of the principal are included among those having priority for appointment as guardian.

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PENDING

AMENDMENTS TO THE DEATH WITH DIGNITY ACT: (H.4468/S.1136, R.____, Act ___)

The definition of terminal condition is amended to include persistent vegetative state. The declarant, at his option is allowed to: instruct that treatment be withheld in circumstances other than those provided for in the standard declaration or, name an agent with authority to 1) enforce the declaration, or 2) direct that treatment be provided or withheld in circumstances other than those provided for in the standard declaration. The requirement that the witnesses sign in the presence of the declarant and each other is eliminated, thus conforming the procedure to that of executing a will. Declarations executed under all previous versions of the Act remain valid.
Status: S.1136 passed the Senate and is on the uncontested House calendar for 2nd reading.

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HOMESTEAD TAX EXEMPTION APPLICATION: (S.1386,
H.4780/R._____, Act

Tax notices are received in September and October, after the deadline for filing for the Homestead Tax exemption. In 1989 the General Assembly provided that the application for an eligible person after the July 15th deadline could be carried over until the next year. H.4780 goes further to provide that if the application is received after the deadline but before the first penalty date for that tax year, the taxes due for that tax year must be reduced to reflect the exemption.

The Committee appreciates the assistance of the Comptroller General's office and the County Auditors' Association in trying to fairly address the situation when an entitled person is denied the benefit. It is anticipated that this provision may only affect a few persons, but each one is important!
Status: H.4780 passed the House, Senate amended to provide that agricultural property given to family members for residential use would not be subject to roll-back taxes. House and Senate did not concur. Conference Committee appointed 5/10/90.

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STATEWIDE ALZHEIMER'S DISEASE AND RELATED
DISORDERS REGISTRY: (S.1545, H.4924)

This legislation provides that health care facilities and providers may voluntarily participate in the Statewide Alzheimer's Disease and Related Disorders Registry maintained in the University of South Carolina School of Public Health.

The registry will collect data to evaluate the incidence and causes of Alzheimer's disease and related disorders and to support research. An advisory committee will be appointed by the School of Public Health to assist in developing protocols and technical mechanisms for distribution to physicians and clinical psychologists. All patient information will be confidential, however families and physicians may be contacted for relevant data and to provide them with information about available public and private health care resources.

For further information about the Registry see Appendix A.
Status: H.4924 passed the House. In Senate Medical Affairs Committee.

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DAY CARE CENTERS - ALZHEIMER'S PATIENTS: (H.4222,
S.930)

In an effort to address the increasing need for day care facilities and personnel for the care of Alzheimer's patients the Committee introduced a Joint Resolution to direct the Department of Mental Health to study creative solutions.
Status: H.4222 in House Medical, Military, Public and Municipal Affairs, S.928 in Senate Medical Affairs.

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IN-HOME CAREGIVER TAX CREDIT: (H.3004, S.13)

A state income tax credit up to $300 is presently allowed for nursing home care. This bill would extend that same benefit to those receiving in-home and community based care.
Status: These bills were carried over from the 1989 session and remained in the House Ways and Means and Senate Finance Committees.

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HOMESTEAD EXEMPTION INCREASE TO $25,000: (H.3043,
S.12)

The Committee along with many colleagues have worked to increase the Homestead Exemption. Under the 1989-90 Appropriations Act, Part IV, the exemption was increased to $25,000 in $500 increments contingent on surplus revenue. The revenue did not materialize and no increase was made.

In the 1990-91 Appropriation Bill as passed by the House, more than thirty-three million was allocated for reimbursements to counties and municipalities for the Homestead tax exemption.

All efforts to increase the exemption from $20,000 to $22,000 - $50,000, through bills and amendments to the Appropriation Bill failed. Interest in the "circuit-breaker" concept, an income/assessment formula, was expressed by the Speaker of the House Bob Sheheen and the Chair of the Ways and Means Committee Bob McLellan.
Status: The bills remained in the House Ways and Means and Senate Finance Committees in 1990.

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MOTOR VEHICLE ACCIDENT PREVENTION COURSE: (H.3003,
S.10)(H.4075)

In 1989 the Committee introduced bills to provide for an appropriate premium reduction for automobile insurance for persons 55 or older who have successfully completed a motor vehicle accident prevention course approved by the Department of Highways and Public Transportation.

As of 1990, 30 states and the District of Columbia have enacted similar legislation. This law is reviewed as an incentive for participation by older drivers in defensive driving courses.
Status: H.3003 was tabled in preference for a similar bill H. 4075 introduced by Rep. Alex Harvin and twenty-six sponsors. H.4075 was reported out of the House Labor, Commerce and Industry Committee, majority favorable, minority unfavorable, and remains on the House calendar for second reading. S.10 remained in the Senate Banking and Insurance Committee.

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HEARING AID BATTERIES AND CORDS: (H.3368, S.296)

These bills provide that batteries and cords for hearing aids are exempt from sales tax. Hearing aids are currently exempt. The fiscal impact to the state would be a loss of revenue of approximately $50,000.
Status: Carried over in House Ways & Means and Senate Finance from 1989 with no action.

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MOBILE AND MODULAR HOME PARK TENANCY ACT: (H.3594, S.578)

It was determined by the interested parties that these bills should more appropriately be titled the Manufactured Home Park Tenancy Act.

The obligations of park owners and manufactured home owners on leased lots concerning rental agreements, regulations, and provision for eviction are set out.

Status: No action on H. 3594 in House Labor, Commerce and Industry Committee.
Several meetings have been held on S. 578 by Claire Prince, Research Director of the Senate Labor, Commerce and Industry Committee; Sherri Craft, Aging Unit Director, Central Midlands Regional Council; Steve Rogers, Executive Director of Manufactured Housing Institute; and interested park tenants in an effort to come to consensus on the provisions of the bill. The MISC will send out a park survey in Spring 1990. The parties agreed to consider reintroduction in 1991.

PASSED:
DR. J. CARLISLE HOLLER (S.1084) Adopted 1/18/90

A resolution to recognize the life and death of Dr. Holler.

LONG TERM CARE INSURANCE REGULATIONS
(H.4334/R.352, Act _____)

To suspend the Requirement for Home Care (Section 3.E. of Regulation 69-44) until June 30, 1990.

LONG TERM CARE INSURANCE ACT (H.4611/R.473, Act 409)

To conform portions of our Long Term Care Insurance Act to the National Association of Insurance Commissioners' Model Act. It passed both houses and was signed by Governor Campbell on April 11, 1990. The major consumer-oriented provisions include:

1)     no prior hospitalization requirements

2)     no higher level of care necessary before eligibility for lower level of care

3)     preexisting conditions period changed from twelve months to six months

WITHDRAWAL OF LIFE INSURANCE BENEFITS (S.1155/R.481)
Act 416

To allow the Department of Insurance to approve new policies which provide for the withdrawal of death benefits by owner for life threatening illness/long term care.

OPTIONAL LONG TERM CARE INSURANCE FOR STATE
EMPLOYEES AND RETIREES (S.1125/R.545, Act ____)

To provide that the Division of Insurance Services may (changed from must) develop an optional LTC Insurance program depending on availability of a qualified vendor.

MEDICARE SUPPLEMENT INSURANCE (S.1153/R.400,
Act 362)

To promulgate new standards for "Medigap" insurance.

REGULATION OF OUT OF STATE PHARMACIES
(S.1253/R.467, Act 406)

To provide for the regulation of pharmacies located outside this state which ship, mail or deliver a controlled substance pursuant to prescriptions.

FOOD DONATION (H.3774/R.479, Act 415)

To authorize donations of food to a nonprofit charitable organization or food bank by a food facility.

CERTIFICATE OF NEED APPLICATION (S.927/R.564,
Act ____)

To remove barriers to the Certificate of Need application for nursing home beds.

PENDING

LONG TERM CARE INSURANCE: (H.4394)

H.4394 amends the Long Term Care Insurance Act to provide that no insurance carrier is required to include care at home or in the community with the same daily benefits as in a facility. However, the carrier is required to offer the option for such care as a rider and the consumer can choose whether or not to purchase it. This bill provides also for a study to evaluate the effects of this Act (see Reports X.)

ADULT PROTECTIVE SERVICES (S.625)

To revise the Adult Protective Services Act for developmentally, disadvantaged and senile persons.

GOLDEN PALMETTO CARD (H.3913)

To provide for a statewide discount card for persons 60 years or older.

ABSENTEE BALLOT (H.3104)

Allows persons 65 or older to qualify for an absentee ballot. Senate amendment raises age to 72.

MEDICAID CERTIFIED NURSING HOME (S.1183)

Provides for procedures for intermediate sanctions for Medicaid certified nursing homes.

COMMUNITY RESIDENTIAL CARE FACILITIES (H.3800)

To provide for the licensure of community residential care facility administrators, to provide for a criminal records check and disclosure of certain information by the office of health licensing (DHEC).

RESIDENTIAL SPECIALITY CONTRACTORS (S.698)

To define and provide for licensing of residential specialty contractors by the Residential Builders Commission.

HUNTING AND FISHING LICENSES (H.4420)

To provide for reciprocal agreements to nonresidents 65 or older.

ADMISSION TO A FACILITY (S.1486)

To provide no person may be denied admission to a licensed health care or long term care facility because he has not executed a declaration pursuant to the Death With Dignity Act.

COMMISSION TO STUDY RETIREES (S.1194)

To provide that the S.C. Commission on Aging conduct a study of the needs of retirees in S.C.

PENSION INCOME TAX EXCLUSION, FEDERAL BENEFITS, CLAIMS AND REFUNDS

Bills introduced during the session were referred to the House Ways and Means and Senate Finance Committees. None were reported out.

Individual and class action suits are pending against the State of South Carolina in the S.C. Supreme Court.

[Part VI of the report has been omitted from the Web version of this journal.]

Personal care aide agency licensure

Public transportation funding

Homestead tax exemption (circuit breaker, renters)

Continuing care retirement communities regulations

School bus use for elderly transportation

Payback of state income tax to federal retirees

State, local programs eligible for federal match

Dental hygienists in nursing homes

Caregiver tax incentives and respite

Elder Abuse

HISTORY AND PURPOSE

The South Carolina Commission on Aging is the state government agency designated by the General Assembly to administer the provisions of the Older Americans Act of 1965 and to plan, coordinate, and serve as an advocate for programs and services for the 500,000 plus older South Carolinians. The Act specifically aims at improving the lives of older people in areas of income, health, housing, employment, retirement and community and family-based services.

Funds are distributed to the Commission by the Administration on Aging, Washington, D.C. and by the South Carolina General Assembly. Additional funding is sought through state and federal grants.

The Commission, in turn, finances programs for older South Carolinians and provides them through a comprehensive service delivery system called the "Aging Network." This network consists of 14 regional offices called Area Agencies on Aging which plan, develop and coordinate programs and services for older people in designated areas. Area Agencies on Aging then contract with local aging service provider agencies who provide services to older citizens. There are 57 local aging service providing agencies in South Carolina.

The South Carolina Commission on Aging's mission is to enhance the quality of life of older South Carolinians. The Commission is the statewide leader for advocating, planning and developing resources to meet the present and future needs of older persons, and for developing and coordinating a comprehensive service delivery system. Further, the Commission promotes education, research and training in the field of gerontology.

PRIORITIES

PERFORMANCE BASED CONTRACTING (PBC)

The Commission's PBC Evaluation Committee's report and recommendations were adopted by the Commission in December, 1989. The Committee surveyed other states in the Southeast as well as area agencies and local aging service providers in South Carolina. Regulations and Guidelines were extensively reviewed and guidance was requested from both state and federal procurement experts.

The report adopted by the Commission provides that area agencies on aging will use fixed rate contracts which establish a price per unit of service that an area agency will pay a local aging service provider. The policies permit multi-year contracting and non-competitive award to local aging service providers that are meeting state and regional standards for the services being provided. Procedures for area plan and contract amendments were streamlined with authority for most changes delegated to area agencies. There are also provisions for area agencies to designate local service agencies as Community Focal Points in Aging.

SENIOR CENTER SURVEY

During a hearing of the Joint Legislative Committee on Aging in 1988, the SCCOA requested additional state resources for senior centers. In response, the Joint Study Committee asked SCCOA to conduct a survey of senior center facilities in South Carolina. Here is a summary of the findings which were completed in August 1989.

The study was divided into the following four categories regarding the senior centers and their satellite centers.

1. Status of Current Senior Centers and their satellites: It revealed that the majority of the senior centers and satellite centers occupy older public buildings or some other old facility that has been converted for use with minimum renovations. Many of these facilities are in need of new roofs, heating plants, insulation, windows, painting, plumbing, electrical, restrooms and general repairs in order to ensure the safety of the occupants and halt further deterioration of the facility. The estimated amount of capital improvements required to bring these centers up to safe, sanitary and minimum standards of comfort totals $562,900.

2. Counties without Senior Centers: In the ten (10) counties that do not have senior centers, there are 59,288 elderly people age 65 and over. At least 14,009 or 24% are below the level of poverty. The estimated cost to acquire/build these centers is $4,215,000.

3. Expansion of Certain Centers: Eleven (11) counties reported the need to increase the size of their senior center system to serve additional congregate meals and provide an adequate level of community-based support services. The estimated cost to meet these needs is $566,125.

4. Expansion of New Satellite Centers: Eight counties reported the need for 11 satellite centers to serve elderly people who are presently unserved. The estimated cost to meet these needs is $1,268,000.

Recommendations:

1. The State of South Carolina should increase its commitment to support the development of community focal points for older persons. This can best be accomplished through a carefully developed system of senior centers. We are therefore recommending that the Joint Legislative Committee on Aging introduce legislation to assure that funds be provided to the SCCOA to: (1) Make the capital improvements and repairs to existing senior centers, and satellite centers necessary to make them safe, structurally sound, and comfortable; (2) Establish a senior center in each of the ten counties without one; (3) Increase the floor space of facilities in eleven counties to provide an adequate level of community based support service to meet identified needs; and (4) Establish 11 satellite centers in eight counties for the same reasons stated above.

2. We further recommend that such funds should be made available on a "matching formula fund" basis for the acquisition, construction and renovation of centers. The local match might include cash contributions, a percentage of administrative cost of the facility, waiving fees and taxes, contribution of land, and provision of sewer lines. In addition, to receive funding, a project would be required to have the local governing bodies (county and city/town) endorse the need for the center, and agree on the sponsoring agency. Criteria for selection for funding might also give weight to those projects showing local support for operation.

3. Two conventional methods for increasing the level of funding for multipurpose senior centers and satellites are appropriation bills and through the issuance and sale of bonds. Examples of these methods are the State of North Carolina Senate Bill 1559 which appropriates funds, and California Senate Bill 1359 which established a Senior Center Bond Fund Act.

STATEWIDE COMMITTEE TO STUDY THE NUMBER AND PLACEMENT OF AREA AGENCIES ON AGING (SNAP)

The committees final report was approved by the Commission on Aging in June, 1989. The Commission approved a configuration of no more than ten Area Agencies on Aging (AAA) with Planning and Service Areas (PSA) which follow the boundaries of the ten substate planning districts. The Commission's action provides for consideration of merging or consolidating neighboring PSAs as changes in AAAs occur, based on local input.

A new AAA, USC-Coastal Carolina College, has been designated for the Waccamaw PSA. Efforts are in progress to identify AAAs for the Upper Savannah PSA and the Pee Dee PSA.

REAUTHORIZATION OF THE OLDER AMERICANS ACT

The Older Americans Act, which provides Federal funding for the Commission on Aging, the Area Agencies on Aging, and local Service Provider Agencies is due for reauthorization by Congress in 1991. Both the Congress and the Administration on Aging have begun to solicit input for consideration in the reauthorization process. The staff of the Commission on Aging participated in a regional forum in Atlanta sponsored by the Administration on Aging and submitted recommendations for consideration in the reauthorization process. Those recommendations included the need to simplify Federal funding for the Commission on Aging, the Area Agencies on Aging, and the various services that are provided through the Area Agencies on Aging and local Service Provider Agencies.

REVIEW OF INTRASTATE FUNDING FORMULA

The Older Americans Act requires that the Commission on Aging use an Intrastate Funding Formula to allocate Federal funds to the Area Agencies on Aging. The formula must reflect the proportion of older persons in greatest economic or social need, with particular attention to low-income minority individuals. The Administration on Aging has determined that South Carolina's formula does not comply with the law and regulations because it is based on an equal base allocation and the population age 60 and over, and does not include specific factors which reflect economic need or minorities.

In order to bring South Carolina into compliance, the Commission on Aging directed its Funding and Allocation Committee to review the Intrastate Funding Formula and to recommend revisions that would comply with Federal law and regulations. The committee has developed a proposed formula and has initiated a process to solicit public comments before presenting its final recommendations to the Commission.

HEALTH PROMOTION FOR OLDER PERSONS

The Commission on Aging has expanded its Program Services Division to include a health promotion consultant to coordinate statewide wellness and health promotion efforts for older persons.

In April 1990, SCCOA received a technical assistance grant from the National Resource Center on Health Promotion, an affiliate of the American Association of Retired Persons and the Administration on Aging. The goal of the grant is to bring together a coalition of organizations to plan more comprehensive and coordinated health promotion services for older adult.

QUALITY ASSURANCE

In 1987, the Commission established a Division of Quality Assurance. This division received a $138,000 grant from the Administration on Aging to help improve in-home services to the elderly through the design and implementation of a comprehensive quality assurance system. When implemented, the new system will enable the Commission to make accurate, accountable decisions in allocating limited resources to assure access and quality service is available to the elderly who are the most in need. The Commission established a broad-based committee representing all levels of the network as well as representatives of the legislature and legislative staff to guide and advise on issues surrounding Quality Assurance. The Committee has developed draft standards for all in-home services; developed an instrument to evaluate the standards and made arrangements to field test the standards in 20 South Carolina counties during the summer and fall of 1990. The final grant report is expected in late fall of 1990.

COMMISSION MEMBERS

The Commission is comprised one member from each congressional district of the State, appointed by the Governor with the advice and consent of the Senate and one member of the State at large to be appointed by the Governor.

The Speaker of the House of Representatives and the President of the Senate each names one legislator to serve on the Commission as ex-officio members.

Chairperson:     Mrs. Helen D. Brawley, Rock Hill
Term expires June 30, 1991)
Vice Chair:     Mr. Joseph C. Strickland, Columbia

(Term expires June 30, 1992)
Secretary:     Dr. Susanne Geist Black, Dillon

(Term expires June 30, 1990)
Treasurer:     Mrs. Erminine Nave, Greenwood

(Term expires June 30, 1992)

COMMISSION MEMBERS (cont.)
Mr. James A. Moore, Hampton (June 30, 1993)
Dr. Nora K. Bell, Columbia (June 30, 1993)

Ex-Officio Members:
Senator Isadore Lourie
Representative Patrick B. Harris

Address:

S.C. Commission on Aging

400 Arbor Lake Drive

Suite B-500

Columbia, SC 29223

(803) 735-0210

Working in cooperation with the Hospital and Health Law Committee of the S.C. Bar and the Advisory Committee on Legal Advocacy for the Elderly of the S.C. Commission on Aging, the Committee introduced three pieces of legislation: the Adult Health Care Consent Act (H.4445, S. 1137), Amendments to the Probate Code (H.4444, S.1138) and Amendments to the Death With Dignity Act (H.4468, S.1136). The provisions of these bills are outlined in this report under Section IV.
Assoc. Professor Elizabeth G. Patterson specializing in health law at the USC School of Law, did the research and drafted the legislation.

The project was begun in April 1989 with a meeting of agencies, associations and interested groups. Surveys of nursing homes and hospitals were sent out in July and four community forums around the State were held to gain insight from individuals. Testimony was presented at the public hearing of the Committee, culminating in the introduction of the bills which are expected to pass this session.

In 1991, the Congress will consider reauthorization and amendments to the Older Americans Act.

In anticipation of this process, Joyce T. Berry, Ph.D., U.S. Commissioner on Aging conducted a series of field forums across the country to obtain the views of individuals and organizations.

The S.C. Commission on Aging and Representative Dill Blackwell, for the Committee, submitted testimony at the Atlanta meeting. In his statement Rep. Blackwell requested continued support of multipurpose senior centers, transportation and outreach, in-home services, disaster relief, gerontology education grants and adult protective services.

While attending the American Society on Aging meeting in San Francisco, Ms. Barron observed the Forum for Region IX. Dr. Berry presented four concerns': the age of eligibility, should it be raised to 65; costs, should they be shared by participants; targeting, who should be served; in-home frail elderly, how can their needs be met as attested to by the growing waiting lists. (Note: As of April 24, 1990 the S.C. Community Long Term Care program has 1300 clients on the waiting list for services.)

Another issue raised by participants in California was the elevation to Assistant Secretary in the Department of Health and Human Services, of the Office of U.S. Commissioner on Aging.

The S.C. Humanities Council was the primary sponsor of eleven regional forums in March and April to culminate in a statewide meeting in May on the "Greying of South Carolina", an issue of critical importance to the legislature and the entire citizenry. Recommendations will be forthcoming on "how to respond to the needs of the aging population and how to formulate social policy which helps these people to live abundant lives and helps the state to capitalize on their talents."

From October 1990 to October 1991 a series of community based programs are being planned by S. C. Humanities Council and the Department of Parks, Recreation and Tourism. The mission of this project is "to provide a stage for the reflections of older South Carolinians, while at the same time sharing these recollections with their contemporaries, families, and communities."

These "Reunions" are tentatively scheduled for Oconee, Andrew Jackson, Hickory Knob, Colleton, Cheraw State Parks. The director of the project is Milly St. Julian.

The status of legislation introduced by the Committee and other selected legislation related to aging interests is summarized periodically during the session. This publication entitled "Legislative Update" is very popular among legislators, the aging network organizations and interested individuals. Copies are distributed upon request.

The Committee also distributes a pamphlet that gives a brief history of the Committee and includes a list of the members and aging organizations.

This year the S.C. Federation of Older Americans, the S.C. American Association of Retired Persons, the S.C. American Legion, the S.C. Commission on Aging, the S.C. Council on Elder Affairs, the S.C. Department of Health and Environmental Control, the S.C. Gerontological Society, the S.C. National Association of Retired Federal Employees, the S.C. National Association of Social Workers, the S.C. Retired Educators Association, the S.C. Retired Officers Association, the S.C. Veterans Administration and the Joint Legislative Committee on Aging co-sponsored the Annual Seniors' Legislative Day with the Legislature on March 21, 1990. The committee staff assisted in planning the day-long event, which was held at the Columbia Marriott.

The morning format included a keynote address on legislative issues by the Honorable Dill Blackwell of Travelers Rest. Four concurrent workshops, chaired by members and staff, convened to discuss aging bills currently being discussed in the House Ways and Means; Senate Finance; House Medical, Military, Public and Municipal Affairs; and Senate Medical Affairs Committees.

During the legislative luncheon, awards were presented to The State newspaper for its excellent media coverage of aging issues; Sheila Johnson-Chaney of S.C. ETV as Media Personality of the Year; Nadine Richter, Horry County, as Volunteer of the Year; and Senator Hugh Leatherman as Legislator of the Year. Over 40 legislators attended the luncheon and discussed aging legislation with their constituents.

Following the luncheon, participants enjoyed a trolley ride to the State House and received a tour of the Capitol Complex.

The College of Social Work at the University of South Carolina assigned Catharine Drennon, a candidate for a master's degree in social work, as legislative intern for the Committee for the 1989-90 academic year. This is the third year the Committee has provided a graduate field placement in social work.
As legislative intern, Ms. Drennon researched long term care insurance, A Consumer's Guide to Long Term Care Insurance in South Carolina, "Entitlement Rights for Medicare, Medicaid, and Social Security", and the impact of caregiving on the caregiver, the care recipient, and the employers of caregivers, "Eldercare and the Workplace". She assisted in the hurricane relief effort in Charleston through the Commission on Aging. She was able to observe the legislative process through various committee and subcommittee meetings as well as networking with organizations that have an impact on older citizens.

The Career Planning and Placement Office of Agnes Scott College placed Anna Crotts as legislative intern with the Committee for the week of January 15-19, 1990. Ms. Crotts was able to observe all levels of the lawmaking process and enhance her understanding of this process. She attended the House and Senate in session and various committee and subcommittee meetings.

Ms. Crotts prepared a map of the House and Senate districts in which the picture of each Senator or Representative corresponds to his or her district.

Members of the Committee and/or staff worked cooperatively throughout the year with the Standing Committees of the House and Senate, the Joint Health Care Planning and Oversight Committee, the Commission on Aging, Tax Commission, Comptroller General's Office, Health and Human Services Finance Commission, Department of Consumer Affairs, State Retirement System, Department of Social Services, Department of Health and Environmental Control, and Department of Mental Health.

Chairman Patrick B. Harris represents the Committee on the Long Term Care Council, and the Health Care Planning and Oversight Committee. Chairman Harris and Senator Isadore Lourie serve as ex-officio members of the S.C. Commission on Aging.

Keller Barron, Director of Research serves on the Agenda Committee and Panel Study Advisory Committee of the Long Term Care Council, the Health Care Consent Project, S.C. Bar. Ms. Barron participated in "The Greying of South Carolina" regional forum March 1990 and "Who Decides, Making Difficult Choices with the Very Ill," October 1989, supported by the S.C. Humanities Council and also, Forums on Alzheimer's Issues, Central Midlands Regional Planning Council, 1989.

Sherri Craft, Research Assistant, served on the Seniors' Legislative Day Planning Committee.

Committee members and/or staff regularly attend sessions of the following organizations interested in aging: American Society on Aging, Assembly on the Legislature, American Association of Retired Persons, S.C. Federation of Older Americans, the S.C. Gerontological Society, Advisory Council on Elder Affairs and S.C. Retirement Communities Association.

The Committee is consulted and responds under the S.C. Project Notification and Review System from the Grants Division of the Governor's Office.

Regular contact is maintained with committees and agencies of other states as well as with the Senate Special Committee on Aging and the House Select Committee on Aging of the U.S. Congress, on which Third District Congressman Butler Derrick and Second District Congressman Floyd Spence serve.

Public presentations are made frequently by the Committee and staff to large and small community and church groups, conferences, workshops, and continuing education programs for hospitals and nursing homes.

Information about numerous aging issues and legislative action are distributed upon request to members and staff of the S.C. Legislature and other state legislatures, state agency personnel, national and state organizations and interested citizens.

The following publications are available from the Committee office and distributed upon request:

ANNUAL REPORTS 1970-1989.

"DECLARATION OF A DESIRE FOR A NATURAL DEATH"

Form and Act, Effective March 6, 1986.

Revised 1988.

JOINT LEGISLATIVE COMMITTEE ON AGING,
pamphlet (includes aging organizations),
Revised 1990.

ELDERLY ADVOCATES' LEGISLATIVE HANDBOOK, 1990

SUMMARY OF AGING LEGISLATION ENACTED THROUGH
1990.

RIGHTS OF OLDER ADULTS, 1988.

DIRECTORY OF CONTINUING CARE AND RETIREMENT
COMMUNITIES IN S.C., 1989.

S.C. SENIOR CITIZENS HANDBOOK, A GUIDE TO LAWS

AND PROGRAMS AFFECTING SENIOR CITIZENS, S.C. Bar, 1989.

SOUTH CAROLINA MATURE LIFESTYLES, S.C.

Retirement Association, Vol. 3, No. 1, 1989.

S.C. NURSING HOME ADMISSION CONTRACTS

A manual for Residents and Advocates, and Consumer Guide, Committee on Legal Services to the Elderly, Young Lawyers Division, S.C. Bar, Fall 1989.

ALZHEIMER'S DISEASE: THE DECISION MAKING PROCESS

An annotated Planning Guide for Professionals and Caregivers, pamphlet and booklet, Central Midlands Regional Planning Council, 1989.

"HOMESTEAD TAX EXEMPTION PROGRAM," 1990.
A CONSUMER'S GUIDE TO LONG TERM CARE INSURANCE
IN SOUTH CAROLINA, 1990.

"ELDERCARE AND THE WORKPLACE," 1990.
"ENTITLEMENT RIGHTS FOR MEDICARE, MEDICAID, AND
SOCIAL SECURITY," 1990.

SENIOR LIVING ECONOMIC IMPACT STUDY

As a result of the 1989 proviso 66.10 initiated by the Committee, the Department of Parks, Recreation and Tourism awarded a contract in December 1989 to the College of Business Administration, USC

The first objective of the research will be to estimate the economic impact of the senior living industry, in particular retirement communities. The second is to examine the linkage between tourism, recreation and retirement industries.

The project under the direction of Dr. Randolph Martin and Dr. Sandra Teel is scheduled for completion by December 1990.

PANEL STUDY OF OLDER SOUTH CAROLINIANS

The Joint Appropriations Review Committee approved the funding of the study with a federal 50% match of $85,000. Contributing to the remaining $85,000 are: Health and Human Service Finance Commission, Department of Health and Environmental Control, Department of Social Services, Department of Mental Health, Department of Mental Retardation, and Commission on Aging.

Contracting is currently in process for the completion of the Study by June 30, 1991.

William Wells, Commission on Aging, chairs the Long Term Care Council subcommittee responsible for the Study.

HOME/COMMUNITY LONG TERM CARE INSURANCE OPTION EVALUATION

Long term care is on a continuum with home and community based care at one end of the spectrum and institutionalization at the other end. The Committee's efforts have been directed toward the recognition of this continuum in the long term care insurance policies offered for sale in this state.

The Long Term Care Insurance Act of 1988 and subsequent regulations 69-44 that went into effect December 20, 1989 provide in Sec. 3E. Requirement for Home Care:

"When an insured meets the requirements under the policy for a determination that care in a nursing home or community residential care facility is necessary, the insured shall have the option of receiving necessary care in the home or community, with daily benefits at the same level that would be paid for in a nursing home or community residential care facility."

H.4394 which passed the House and was referred to the Senate Banking and Insurance Committee March 22 amends the Long Term Care Act stating that the insurers are not required to provide the option of home or community care as a part of the policy; however, the insurers shall offer such care as a rider, if not a part of the policy.

This bill was amended in the House Labor, Commerce and Industry Committee to provide for a report as follows: "Three years following the approval of the Governor (1993), and two years thereafter (1995) the Commission on Aging in cooperation with the Committee and the Department of Insurance shall evaluate and report the effects of this Act to the General Assembly."

The purpose of this evaluation was succinctly stated by Kenneth W. White, Chair, State Legislative Committee, American Association of Retired Persons:

"Home care coverage should not be relegated to a minor role in the marketing of long-term care insurance. If indeed that turns out to be the case in future years, the state will have missed an opportunity to develop in-home and community-based care for the frail elderly. And instead, we will see further emphasis on more expensive and less personally satisfying nursing or other institutional care. For it's a fact that payment shapes the nature of care given.

If less than half of those who buy long-term insurance do so without selecting the mandatory offer of an option for home care, then, in our opinion, the option will have failed and those future policy holders who declined will have done so without regard to their own future well-being.

Let us see if the option for home care will work. Whatever the case, a thorough report on the demographics of future policyholders should give the General Assembly guidance on any further measures that may be needed."

As of May 10, there has been no Senate action on H.4394.

STATE RETIREE LONG TERM CARE INSURANCE

In 1988 the Committee introduced Act 509 which directed the Retirement System to develop an optional long term care insurance program for active and retired members. This provision was amended this year by S.1125 to provide that such a program may be developed, depending on the availability of a qualified vendor.

The Division of Insurance Services of the S.C. Budget and Control Board has concluded the first year of a 3-year contract with AEtna Life Insurance Company for long term care insurance for active employees/spouses/parents/in-laws/retirees. The enrollment period for retirees is from July 2 - August 31, 1990, effective October 1, 1990. For information call 1-800-537-8521.

HOMESTEAD TAX EXEMPTION NOTIFICATION

The office of the Comptroller General Earle E. Morris, Jr. in response to Joint Resolution S.929 described to the Committee the problems and various additional ways of notifying persons eligible for the homestead tax exemption along with suggestions toward the solution of the problems. As a result of the study, H.4780/S.1386 were introduced by the Committee providing for the exemption if applied for after the deadline.

A copy of the Study may be obtained upon request from the Committee's office.

SENIOR CENTER SURVEY

This survey is detailed under VIII S.C. Commission on Aging.

American Association of Retired Persons
Dr. John O. Gerald, State Director
4602 Hedrick St.
N. Myrtle Beach, SC 29582     272-7361

Joint Legislative Committee (AARP)
Ken White
676 Lakepoint
Mt. Pleasant, SC 29464     881-3947

Alzheimer's Disease and Related Disorders Association, Inc.
Peggy Thibault
SC Episcopal Retirement Community
100 7th Street Extension
W. Columbia, SC 29169     796-6490

Center for the Study of Aging
Medical University of S.C.
Dr. Allen Smith, Director
171 Ashley Avenue
Charleston, SC 29425     792-2083

Community Long Term Care
Sam Waldrep
Health and Human Services Finance
Commission
1801 Main St.
Columbia, S.C. 29202-8206     253-6142

National Assn. of Retired Federal Employees
Margaret L. Baptiste
621 Pelzer Drive
Mt. Pleasant, SC 29464     881-3713

S.C. Adult Day Care Association
Tammy Quarles, President
Columbia Adult Care, Inc.
3127 Rosewood Drive
Columbia, SC 29205     771-7108

S.C. Association of Non-Profit Homes
for the Aging
Joann N. Young, President
Presbyterian Home of South Carolina
Hwy. 56 North
Clinton, SC 29325     833-5190

S. C. Federation of Older Americans
Dr. Obert Kempson, President
111 S. Edisto Av.
Columbia, SC 29205     799-1535

SCFOA Office
Horace Bryne
101 Carolina Circle
West Columbia, S.C. 29169     796-9672

S.C. Gerontological Society
Sam Waldrep, President
Health and Human Services Finance
Commission
1801 Main St.
Columbia, S.C. 29202-8206     253-6142

S.C. Gerontology Center
Dr. Gerald L. Euster
DeSaussure College
University of S.C.
Columbia, SC 29208     777-4221

S.C. Hospital Association
Ree Mallion, Legislative Assistant
101 Medical Circle
P.O. Box 6009
West Columbia, SC 29171-6009     796-3080

S.C. Medical Association
Barbara Whittaker
Assoc. Executive Vice President
P. O. Box 11188
3325 Medical Park Road
Columbia, SC 29211     798-6207

S.C. Retired Educators Association
Mary Mace, President
421 Zimalcrest Dr.
Columbia, SC 29210     772-6553

S.C. Retirement Communities Association
Michael E. McKeltchen, President
Patrick Mason, Executive Director
4201 Blossom St.
Columbia, SC 29205     782-7466

AGING NETWORK
S.C. Commission on Aging
Helen Brawley, Chair
Ruth Q. Seigler, Exec. Director
400 Arbor Lake Drive, Suite B-500
Columbia, SC 29223     735-0210

Advisory Council on Elder Affairs
Dr. Harold F. Park, Chair
339 Will Wise Road
Chapin, SC 29036     345-5403

S.C. Association of Area Agencies on Aging
Connie H. Shade, President
Lower Savannah Council of Governments
P.O. Box 850
Aiken, SC 29801     649-7981

S.C. Association of Council on Aging Directors
Lynnda Bassham, President
Aiken Area Council on Aging
P.O. Box 325
Aiken, SC 29802     648-5447

CONGRESSIONAL COMMITTEES:

Select Committee on Aging
U.S. House of Representatives
Edward R. Roybal, Chairman
300 New Jersey Ave., S.E., Room 712
Washington, D.C. 20515
(202) 226-3375

Special Committee on Aging
U.S. Senate
Sen. David Pryor, Chairman
G-41 Dirksen Senate Office Bldg.
Washington, D.C. 20510
(202) 224-5364

INFORMATION ASSISTANCE LINES:

S.C. Bill Status - Legislative Information
Toll-free: 1-800-922-1539
Columbia: 734-2060

S.C. Handicapped Services
Information System:
Elderly Assistance Line
USC-Center for Developmental
Disabilities
Columbia, SC 29208     777-5732
Toll-free: 1-800-922-1107

S.C. Program Assistance Line (S.C. PAL)
Toll-free: 1-800-922-2221
Columbia: 734-2050

CUFAN
Clemson University Forestry and Agricultural Network
Dr. Emily Wiggins
115 McAdams Hall
Clemson University
Clemson, SC 29634     656-5080

S.C. Registry for Dementing Illnesses
University of South Carolina
School of Public Health
Columbia, SC 29208     777-9416

(R420,H3247)(Code 2-51-10)

An Act to create a Permanent Committee to conduct continuing Studies of Public and Private Services, Programs and Facilities for the Aging.

Be it enacted by the General Assembly of the State of South Carolina:

Findings

Section 1. The General Assembly finds that the Committee to Study Public and Private Services, Programs and Facilities for the Aging, originally created H.1286 of 1969 and continued by concurrent resolution through 1977, fulfills a necessary and continuing legislative need and that the functions of the committee can be more properly fulfilled by a permanent committee.

Committee Created

Section 2. There is created a permanent committee to conduct continuing studies of public and private services, programs and facilities for the aging in South Carolina and report its findings and recommendations annually to the General Assembly.

Three members shall be appointed from the Senate by the President thereof, three members shall be appointed from the House of Representatives by the Speaker and three members shall be appointed by the Governor. Terms of legislative members shall be coterminous with their terms as members of the General Assembly and terms of members appointed by the Governor shall be coterminous, with the term of the appointing Governor.

Members of the committee shall receive mileage, per diem and subsistence as provided by law for members of boards, committees and commissions.

Expenses of the committee shall be provided by an annual appropriation in the general appropriation act.

The Legislative Council shall provide such legal services as the committee may require in the performance of its duties.

Time Effective

Section 3. This act shall take effect upon approval by the Governor.

Approved the 14th day of February, 1978

[Appendix C and Appendix D of the report have been omitted from the Web version of this journal.]

1959-60     Rep. Martha Fitzgerald, Chairman
Sen. Wilbur G. Grant
Sen. John D. Long
Rep. E. Forte Wolfe
Gubernatorial Appointees:
Dr. Wil Lou Gray
Mr. O. T. Wallace
Miss Nell Watson
1960-61     Rep. Martha Fitzgerald, Chairman
Sen. Wilbur G. Grant
Sen. John D. Long
Rep. T. Ed Garrison
Gubernatorial Appointees:
Dr. Wil Lou Gray
Mr. O. T. Wallace
Miss Nell Watson
1962     Sen. Wilbur G. Grant
Sen. John D. Long
Rep. E. Windell McCrackin
Rep. T. Ed Garrison
Gubernatorial Appointees:
Dr. Wil Lou Gray
Mr. O. T. Wallace
Miss Nell Watson
1963-1968     Inactive
1969-71     Sen. Richard W. Riley, Chairman
Rep. Isadore Lourie, Vice-Chairman
Rep. James E. Moore, Secretary
Sen. J. Kenneth Rentiers
Sen. Hyman Rubin
Rep. Patrick B. Harris
Gubernatorial Appointees:
Mr. Harry R. Bryan
Rev. I. DeQuincey Newman
Mr. R. Carl Woodle
1972     Sen. Richard W. Riley, Chairman
Rep. Isadore Lourie, Vice-Chairman
Rep. James E. Moore, Secretary
Sen. J. Kenneth Rentiers
Sen. Hyman Rubin
Rep. Patrick B. Harris
Gubernatorial Appointees:
Father William Pentis
Rev. I. DeQuincey Newman
Mr. James Richmond Driggs
1973-74     Sen. Richard W. Riley, Chairman
Rep. James E. Moore, Vice-Chairman
Rep. Patrick B. Harris, Secretary
Sen. Hyman Rubin
Sen. Edward Saleeby
Rep. Giles P. Cleveland
Gubernatorial Appointees:
Father William Pentis
Rev. I. DeQuincey Newman
Mrs. B. J. Blackwell
1975     Sen. Richard W. Riley, Chairman
Rep. James E. Moore, Vice-Chairman
Rep. Patrick B. Harris, Secretary
Sen. Hyman Rubin
Sen. Edward Saleeby
Rep. Eugene S. Blease
Gubernatorial Appointees:
Father William Pentis
Rev. I. DeQuincey Newman
Ms. Dorothy M. Blackwell
1976     Sen. Richard W. Riley, Chairman
Rep. James E. Moore, Vice-Chairman
Rep. Patrick B. Harris, Secretary
Sen. Hyman Rubin
Sen. Edward E. Saleeby
Rep. Eugene S. Blease
Gubernatorial Appointees:
Rev. James E. Alewine
Mr. George E. Carlton
Mrs. June B. Furman
1977     Sen. Hyman Rubin, Chairman
Rep. Patrick B. Harris,
Vice-Chairman
Sen. T. Dewey Wise
Sen. John H. Waller, Jr.
Rep. Eugene S. Blease
Rep. Parker Evatt
Gubernatorial Appointees:
Mr. George E. Carlton, Secretary
Rev. James E. Alewine
Mrs. June B. Furman
1978     Sen. Hyman Rubin, Chairman
Rep. Patrick B. Harris, Vice-Chairman
Sen. T. Dewey Wise
Sen. John H. Waller, Jr.
Rep. Eugene S. Blease
Rep. Parker Evatt
Gubernatorial Appointees:
Rev. James E. Alewine
Mrs. June B. Furman
Dr. C. Julian Parrish
1979     Sen. Hyman Rubin, Chairman
Rep. Patrick B. Harris, Vice-Chairman
Sen. T. Dewey Wise
Sen. John H. Waller, Jr.
Rep. Hudson L. Barksdale
Rep. Parker Evatt
Gubernatorial Appointees:
Rev. James E. Alewine
Mrs. June B. Furman
Dr. C. Julian Parrish
1980     Sen. Hyman Rubin, Chairman
Rep. Patrick B. Harris, Vice-Chairman
Sen. William W. Doar, Jr.
Sen. John H. Waller, Jr.
Rep. Hudson L. Barksdale
Rep. Parker Evatt
Gubernatorial Appointees:
Rev. M. L. Meadors, Jr.
Dr. C. Julian Parrish
Mrs. Gloria H. Trowell
1981-82     Sen. Hyman Rubin, Chairman
Rep. Patrick B. Harris, Vice-Chairman
Sen. William W. Doar, Jr.
Sen. Peden B. McLeod
Rep. Hudson L. Barksdale
Rep. Parker Evatt
Gubernatorial Appointees:
Rev. M. L. Meadors, Jr.
Dr. C. Julian Parrish
Mrs. Gloria H. Sholin
1983-1984     Sen. Hyman Rubin, Chairman
Rep. Patrick B. Harris, Vice-Chairman
Sen. William W. Doar, Jr.
Sen. Peden B. McLeod
Rep. Dill Blackwell
Rep. Dave C. Waldrop, Jr.
Gubernatorial Appointees:
Dr. J. Carlisle Holler
Dr. C. Julian Parrish
Mrs. Gloria H. Sholin
1984-86     Rep. Patrick B. Harris, Chairman
Rep. Dave C. Waldrop, Vice-Chairman
Rep. Dill Blackwell
Sen. William W. Doar, Jr.
Sen. Peden B. McLeod
Sen. Isadore Lourie
Gubernatorial Appointees:
Dr. J. Carlisle Holler
Dr. C. Julian Parrish, Secretary
Mrs. Gloria H. Sholin
1987     Rep. Patrick B. Harris, Chairman
Rep. Dave C. Waldrop, Vice-Chairman
Rep. Dill Blackwell
Sen. William W. Doar, Jr.
Sen. Peden B. McLeod
Sen. Isadore Lourie
Gubernatorial Appointees:
Mrs. Gloria H. Sholin
Mr. Thomas D. Stilwell
Mr. Joseph C. Strickland
1988     Rep. Patrick B. Harris, Chairman
Rep. Dave C. Waldrop, Vice-Chairman
Rep. Dill Blackwell
Sen. Peden B. McLeod
Sen. Isadore Lourie
Sen. Nell W. Smith
Gubernatorial Appointees:
Mrs. Gloria H. Sholin
Mr. Thomas D. Stilwell
Mr. Robert C. Wasson
1989-1990     Rep. Patrick B. Harris, Chairman
Rep. Dave C. Waldrop, Vice-Chairman
Rep. Dill Blackwell
Sen. Peden B. McLeod
Sen. Isadore Lourie
Sen. Nell W. Smith
Gubernatorial Appointees:
Mrs. Gloria H. Sholin
Mr. Thomas D. Stilwell
Mr. Robert C. Wasson

On motion of Rep. BLACKWELL, with unanimous consent, the report was ordered printed in the Journal.

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

H. 5083 -- Reps. P. Harris, T.C. Alexander, Cooper, McLellan and Tucker: A BILL TO AMEND ACT 510 OF 1982, AS AMENDED, RELATING TO THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE AREAS FROM WHICH THE BOARD MEMBERS ARE ELECTED; AND TO AMEND SECTION 2 OF ACT 270 OF 1989, RELATING TO THE EXPIRATION OF THE TERMS OF THE CURRENT MEMBERS OF THE BOARD AND PROVISIONS FOR THE INITIAL TERMS OF THE NEW BOARD TO BE ELECTED IN 1990, SO AS TO DELETE THE REFERENCE TO AN AT-LARGE ELECTION.

H. 5122 -- Rep. Washington: A BILL TO AMEND SECTION 7-7-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PLACES IN CHARLESTON COUNTY SO AS TO CHANGE THE VOTING PLACE FOR HOLLYWOOD PRECINCT FROM THE FIRE STATION TO THE TOWN HALL.

H. 4572 -- Reps. Hayes, Huff, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Holt, Jaskwhich, J.C. Johnson, Kay, Keegan, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Littlejohn, Manly, Mappus, D. Martin, L. Martin, McAbee, McBride, McCain, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, Rudnick, Sharpe, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, D. Williams, Winstead, Wofford and Wright: A BILL TO AMEND CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES BY ADDING SECTION 44-53-476 SO AS TO MAKE IT UNLAWFUL TO BE A "LEADER OF A NARCOTICS TRAFFICKING NETWORK", TO PROVIDE THE ELEMENTS OF THIS OFFENSE, TO PROVIDE PENALTIES FOR VIOLATION, AND TO AMEND SECTION 16-1-10, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THIS OFFENSE WHICH IS A FELONY TO THIS LIST.

H. 5098 -- Rep. G. Brown: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTHERN APARTMENTS, INC. OF BISHOPVILLE, S. C. IN LEE COUNTY.

H. 4980 -- Reps. Moss and L. Martin: A BILL TO AMEND SECTION 38-73-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CHIEF INSURANCE COMMISSIONER TO DISAPPROVE A PREVIOUSLY APPROVED RATE FOR A CLASSIFICATION OF WORKERS' COMPENSATION INSURANCE AND OTHER MATTERS RELATING TO WORKERS' COMPENSATION, SO AS TO AUTHORIZE THE COMMISSIONER TO DISAPPROVE AN EXPERIENCE MODIFICATION RATE UPON A FINDING THAT IT IS EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY.

H. 4945 -- Rep. Winstead: A BILL TO AMEND SECTION 16-14-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE FINANCIAL TRANSACTION CARD CRIME ACT, SO AS TO DEFINE "ACQUIRER"; AND TO AMEND SECTION 16-14-60, RELATING TO FINANCIAL TRANSACTION CARD FRAUD, SO AS TO MAKE IT ILLEGAL FOR A PERSON TO FRAUDULENTLY REPRESENT TO AN ACQUIRER THAT HE HAS AUTHORIZATION TO USE A CREDIT CARD ACCOUNT NUMBER FOR THE PURPOSE OF RECEIVING MONEY, GOODS, SERVICES, OR ANYTHING ELSE OF VALUE, AND TO PROVIDE PENALTIES FOR VIOLATION.

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 5127 -- Rep. McAbee: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF ROAD S-33-256 IN MCCORMICK COUNTY, SUBJECT TO CERTAIN RIGHTS OF THE COMMISSION OF PUBLIC WORKS OF THE TOWN OF MCCORMICK.

H. 5128 -- Rep. Bruce: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF LANDRUM SPORTS ASSOCIATION, INC., IN SPARTANBURG COUNTY.

H. 5129 -- Rep. Baxley: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTHERN PHOTOGRAPHIC LABORATORY, INC., IN DARLINGTON COUNTY.

The following Bill and Joint Resolution 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 an Act, and that they be enrolled for ratification.

S. 1555 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREA REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1242, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 793 -- Senator Hinds: A BILL TO AMEND SECTION 58-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS FROM THE PROVISIONS GOVERNING MOTOR VEHICLE CARRIERS, SO AS TO DELETE THE EXCEPTION OF TRANSPORTING PASSENGERS WITHIN A DISTANCE OF FIVE MILES FROM THE LIMITS OF A MUNICIPALITY.

At 11:15 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, May 22.

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