South Carolina General Assembly
110th Session, 1993-1994
Journal of the House of Representatives

FRIDAY, MAY 20, 1994

Friday, May 20, 1994
(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:

God our Father, we thank You for this another day and for the high privilege of serving You and our people in this place. Grant that we waste none of the hours of this day, that we soil none of its moments, or neglect none of its opportunities, or fail none of its duties. Direct our energies; control our thoughts and our words. May Your Kingdom come and Your will be done in us. Shepherd us through the problems and perils of this day and bring us to evening with peace with ourselves, with each other, and with our God in the knowledge of work well done.

May we grow more like the Lord of all life, in Whose Name we pray. Amen.

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

South Carolina Legislative-Governor's Committee on
Mental Health and Mental Retardation Report on The
One Hundred and Tenth General Assembly of South Carolina
Introductory Statement
May 1994

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 Tenth 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 Washington, 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 landmark changes for persons with mental health problems in South Carolina. Representative Carnell chairs the Mental Retardation Subcommittee. Senator Peeler, Senator Elliott, 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 legislation designed to better serve the people 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, mental retardation, and related disabilities.

Respectfully submitted,
Rep. Patrick B. Harris,     Sen. James E. Bryan, Jr.

Chairman                 Vice-Chairman
Rep. Marion P. Carnell     Sen. Harvey S. Peeler, Jr.
Rep. Jean L. Harris     Sen. McKinley Washington, Jr.
Rep. James G. Mattos     Sen. Dick Elliott
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 the 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, DDSN BUDGETS

The Committee is allocated $93,517 annually and is currently authorized for three positions.

The Department of Mental Health and Department of Disabilities and Special Needs are allocated the fifth and ninth 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
1993/1994 SESSIONS

H. 3014/S. 27 (Act No. 38)

Family Support Services.
Provides the Department of Disabilities and Special Needs with the authority to provide family support services to help prevent institutionalization.
Sponsor(s):     H. 3014     P. Harris, Carnell, J. Harris, Mattos
S. 27     Bryan, Peeler
Status:     H. 3014     Signed by Governor 4-26-93.
S. 27     Referred to Senate Medical Affairs Committee 1-12-93.

H. 3011/S. 18 (Act No. 31)
Rights of Mental Retardation Clients - Technical.
Strikes repetitive language and clarifies language stating that DMR services are not an entitlement program.
Sponsor(s):     H. 3011     P. Harris, Carnell, J. Harris, Mattos
S. 18     Bryan
Status:     H. 3011     Signed by Governor 4-22-93.
S. 18     Referred to Senate Medical Affairs Committee 1-12-93.

H. 3015/S. 28 (Act No. 41)

Nursing Home and Community Residential Care Administrators Licensing Board - Technical.
Provides for change of name of board to Long Term Health Care Administrators and adds definition of accredited college or university.
Sponsor(s):     H. 3015     P. Harris, Carnell, J. Harris, Mattos
S. 28     Bryan, Peeler, Giese
Status:     H. 3015     Signed by Governor 4-22-93.
S. 28     Referred to Senate Medical Affairs Committee 1-12-93.

H. 3013/S. 29 (Act No. 27)
Mental Health Center Board Representation.
Provides clarification that parents of emotionally disturbed children and adolescents should be considered when the legislative delegations and the Governor are recommending and appointing board members.
Sponsor(s):     H. 3013     P. Harris, Carnell, J. Harris, Mattos
S. 29     Bryan, Peeler
Status:     H. 3013     Signed by Governor 4-23-93.
S. 29     Referred to Senate Medical Affairs Committee 1-12-93.

H. 4394/S. 938 (Act No. 290)
Alternative Transportation.
Provides that case workers and peer supporters be allowed to transport non-violent patients to psychiatric hospitals, as to provide an alternative transportation of non-violent patients by law enforcement.
Sponsor(s):     H. 4394     P. Harris, Carnell, J. Harris, Mattos, Rudnick, Harvin
S. 938     Bryan, Washington, Giese, Hayes
Status:     H. 439     Tabled in House Medical, Military, Public and Municipal Affairs Committee 2-8-94.
S. 938     Signed by Governor 3-1-94.

H. 4741/S. 1180
School-Based Mental Health Counseling Services.
Provides for a three-year pilot project established jointly by the Department of Mental Health and the Department of Education. Provides for an array of school-based and child-focused counseling services developed by the Department of Mental Health in designated schools. Provides that services must include, but are not limited to, a child-focused school-based counseling clinic and training, consultation, and support programs for school staff. Provides that schools chosen must be geographically representative, representative of the socio-economic diversity of the State, and varying in numbers of students for each school.
Sponsor(s):     H. 4741     P. Harris, Carnell, J. Harris, Mattos
S. 1180     Bryan, Elliott, Washington, Hayes, Jackson, Thomas
Status:     H. 4741     House Education and Public Works Committee Report: Favorable with Amendment 4-14-94.
S. 1180     Signed by Governor 5-10-94.

H. 3966/S. 701 (Act No. 133)

Criteria for Plans of Care for Individuals in Residential Care Facilities and Community Mental Health Center Day Programs.
Provides for the review of the plans of care for individuals in a residential care facility and a community mental health center day program by the Team Advocacy Project's Coordinator or his designee. Provides requirement for the designee to meet certain criteria.
Sponsor(s):     H. 3966     P. Harris
S. 701     Bryan, Elliott
Status:     H. 3966     Referred to House Medical, Military, Public and Municipal Affairs Committee 4-14-93.
S. 701     Signed by Governor 6-14-93.

H. 3012/S. 25
Mental Health Insurance.
Provides requirement for an offer of coverage for mental health and substance abuse in group health insurance policies. Provides for a mandate that insurance companies offer minimum mental health and substance abuse coverage of $2,000 with a lifetime maximum of $10,000. Allows for more favorable policies to be offered. Provides definition of mental illness. This type of optional rider is estimated to raise rates 3-4% if purchased. It is very similar to what is offered currently by the state insurance pool.
Sponsor(s):     H. 3012     P. Harris, Carnell, J. Harris, Mattos
S. 25     Bryan, Hayes
Status:     H. 3012     Referred to House Labor, Commerce and Industry Committee 1-12-93.
S. 25     Signed by Governor 5-10-94.

H. 4908

Concurrent Resolution to recognize Ms. Louise Rodgers Ravenel upon her retirement as Executive Director of the South Carolina Protection and Advocacy System for the Handicapped, Inc. and to thank her for her tireless efforts on behalf of South Carolina's very special citizens.
Sponsor(s):     H. 4908     P. Harris
Status:     H. 4908     Received from Senate 3-15-94.

LEGISLATION PENDING

H. 4395/S. 939

Extended School Year Program.
Provides extended school year program for children with disabilities to be established in each school district. Provides definition of terms.
Sponsor(s):     H. 4395     P. Harris, Carnell, J. Harris, Mattos, Corning
S. 939     Bryan, Washington
Status:     H. 4395     Referred to House Education and Public Works Committee 1-11-94.
S. 939     Referred to Senate Education Committee 1-11-94.

H. 4396/S. 937
Motorcycle Helmet Law.
Provides for deletion of age limitation to which the requirement applies for persons operating or riding two-wheeled motorized vehicles.
Sponsor(s):     H. 4396     P. Harris, Carnell, J. Harris, Mattos, J. Wilder
S. 937     Bryan, Washington
Status:     H. 4396     Referred to House Education and Public Works Committee 1-11-94.
S. 937     Referred to Senate Transportation Committee 1-11-94.

MENTAL HEALTH/MENTAL RETARDATION RELATED
LEGISLATION SPONSORED BY COMMITTEE MEMBERS

S. 340 (Act No. 83)

Provisions for Conservator of Mental Health Patients.
Provides that the State Commissioner of Mental Health act as the conservator for a patient in a state facility and receives funds on behalf of and for the use of such a patient.
Sponsor(s):     S. 340     Bryan
Status:     S. 340     Signed by Governor 6-14-93.

H. 3214/ S. 53 (Act No. 111)
Repeal of the Designation of Buildings at the South Carolina Department of Corrections as Facilities of the State Department of Mental Health.
Sponsor(s):     H. 3214     Wofford
S. 53     Bryan
Status:     H. 3214     Signed by Governor 6-11-93.
S. 53     Referred to Senate Medical Affairs 1-12-93.

H. 3220/S. 56 (Act No. 20)

Admission and Commitment Forms Kept by Probate Judges.
Provides for the addition of references to chapters requiring admission and commitment forms to be kept by probate judges.
Sponsor(s):     H. 3220     Wofford
S. 56     Bryan
Status:     H. 3220     Referred to Senate Judiciary Committee 3-9-93.
S. 56     Signed by Governor 4-22-93.

H. 3246

Protection and Advocacy Health and Dental Insurance.
Provides that employees and retirees of South Carolina Protection and Advocacy System for the Handicapped be eligible for state health and dental insurance plans.
Sponsor(s):     H. 3246     P. Harris
Status:     H. 3246     Recalled from House Judiciary Committee 1-27-94.

S.51

Re-examination After Not Guilty By Reason of Insanity.
Provides for the right to re-examination after a defendant is committed to the South Carolina State Hospital following a verdict of "not guilty by reason of insanity."
Sponsor(s):     S. 51     Bryan
Status:     S. 51     Referred to House Judiciary Committee 2-18-93.

H. 3217/S. 58 (Act No. 30)

Discharge Provisions for Child Mental Health Patients.
Provides revision references for emergency admission, for certain classifications of child patients, for certificate requirements, and for judicial admission procedures.
Sponsor(s):     H. 3217     Wofford
S. 58     Bryan
Status:     H. 3217     Signed by Governor 4-23-93.
S. 58     Referred to Senate Medical Affairs Committee 1-12-93.

S. 341 (Act No. 84)

Court Review and Disposition of a Child Admitted as an Inpatient to the Department of Mental Health.
Provides that the court may find a child was admitted involuntarily but that the admission was necessary. Provides requirements when this is the finding.
Sponsor(s):     S. 341     Bryan
Status:     S. 341     Signed by Governor 6-14-93.

H. 3216/S. 54 (Act No. 40)

Discharge Provisions for a Mental Health Patient.
Provides for the discharge of a patient voluntarily admitted to a hospital for mental health treatment. Provides for the deletion of certain discharge provisions.
Sponsor(s):     H. 3216     Wofford
S. 54     Bryan
Status:     H. 3216     Signed by Governor 4-23-93.
S. 54     Referred to Senate Medical Affairs Committee 1-12-93.

H. 3218/S. 57 (Act No. 39)
Voluntary Admission to State Hospital.
Provides for the increase in age from sixteen to eighteen years. Provides for the deletion of voluntary admission for those under sixteen years of age.
Sponsor(s):     H. 3218     Wofford
S. 57     Bryan
Status:     H. 3218     Signed by Governor 4-23-93.
S. 57     Referred to Senate Medical Affairs Committee 1-12-93.

H. 3213/S. 52 (Ratification No. 389)

Trespassing on a State Mental Health Facility.
Provides for the creation of a criminal offense for trespassing onto or refusing to leave a state mental health facility.
Sponsor(s):     H. 3213     Wofford
S. 52     Bryan, Rose
Status:     H. 3213     Signed by Governor 4-20-94.
S. 52     Referred to Senate Judiciary Committee 1-12-93.

H. 3215/S. 59 (Act No. 34)

Transfer of Persons from Correctional Institutions.
Provides for the transfer of persons to mental health or mental retardation facilities. Provides for deletion of provisions relating to transfers from correctional institutions.
Sponsor(s):     H. 3215     Wofford
S. 59     Bryan
Status:     H. 3215     Signed by Governor 4-23-93.
S. 59         Referred to Senate Medical Affairs Committee 1-12-93.

LEGISLATION OF INTEREST TO THE COMMITTEE

H. 4362

Prohibition on Discrimination in Accident and Health Insurance Benefits, Including Services of a Licensed Psychologist.
Provides for prohibition of discrimination between individuals of the same class in the amount of premiums charged for a policy of insurance. Provides payment or reimbursement to the insured in accordance with the usual and customary fee for a service performed by a licensed doctoral psychologist.
Sponsor(s):     H. 4362     T.C. Alexander, M.O. Alexander, Allison, G. Bailey, J. Bailey, G. Brown, Chamblee, Cooper, Corning, Cromer, Farr, Felder, Hallman, Harrison, Harvin, Harwell, Huff, Jennings, Kelley, Keyserling, Kirsh, Koon, Lanford, Martin, Mattos, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Quinn, Richardson, Rogers, Rudnick, Shissias, Stille, Townsend, Wells, Whipper
Status:     H. 4362     Referred to Senate Banking and Insurance Committee 4-14-94.

H. 4751/S. 1094 (Ratification No. 399)
Licensure for Health Facilities.
Provides for exemption of community-based housing sponsored, licensed, or certified by the Department of Disabilities and Special Needs. S.1094 has an additional provision that the Department of Disabilities and Special Needs shall provide to the Department of Health and Environmental Control the names and locations of these facilities on a continuing basis.
Sponsor(s):     H. 4751     Wofford, Waldrop, P. Harris
S. 1094     Bryan, Giese
Status:     H. 4751     Tabled in House Medical, Military, Public and Municipal Affairs Committee 3-29-94.
S. 1094     Ratified 4-27-94.

H. 4213/S. 386

Driver's Licenses for Incapacitated or Incompetent Persons.
Provides that persons adjudicated incapacitated or incompetent not be permitted or licensed to drive by the Department of Highways and Public Transportation. Provides for the deletion of antiquated terminology. Provides more current language.
Sponsor(s):     H. 4213     Mattos, McMahand, Quinn, Anderson, Hines, Neilson, J. Harris, Holt, Neal, Farr, Stone, Harrison, Cobb-Hunter, Stille, Richardson, Whipper
S. 386     Bryan, Giese
Status:     H. 4213     Referred to Education and Public Works Committee 5-19-93.
S. 386     Referred to Senate Transportation Committee 2-9-93.

H. 4389/S. 936

Family Support Services for Persons with Head and Spinal Cord Injuries.
Provides for the Department of Mental Retardation to include individuals with head injuries, spinal cord injuries, or similar disabilities among those for whom family support services are to be rendered. Provides for the name of the department to be changed to the Department of Disabilities and Special Needs.
Sponsor(s):     H. 4389     J. Wilder, Baxley, Walker, Allison, D. Wilder, Waites, Wilkes, Rudnick, Harvin, Corning
S. 936     Lander, Reese
Status:     H. 4389     Signed by Governor 4-20-94.
S. 936     Referred to House Medical, Military, Public and Municipal Affairs Committee 2-3-94.

H. 4033/S. 955

HIV Testing of Juvenile Offenders.
Provides HIV testing of certain convicted sex offenders as to include adjudicated juvenile sex offenders. Provides requirement that these tests be conducted upon request of the victim. Provides for the requirement of the solicitor to furnish the test results to the parents of a victim who is a minor or mentally retarded or mentally incapacitated. Provides requirement that the solicitor provide the Department of Corrections or the Department of Youth Services with positive HIV test results.
Sponsor(s):     H. 4033     Wilkins, Clyborne
S. 955     Giese, Rose
Status:     H. 4033     Referred to Senate Judiciary Committee 4-28-94.
S. 95     Referred to Senate Judiciary Committee 1-11-94.

H. 4656/S. 1145/S. 1172

Insurance Coverage for Mental, Emotional, or Nervous Disorders or Conditions.
Provides that each insured covered for mental, emotional, or nervous disorders or conditions must be allowed to select the physician or other provider. Provides requirement for the insurer to pay the covered charges up to limits of coverage if the disorder or condition treated is covered by the insurance policy and the physician or other provider is licensed by the State.
Sponsor(s):     H. 4656     T.C. Alexander, Allison, Barber, Baxley, H. Brown, Chamblee, Davenport, Fulmer, Gonzales, Hallman, J. Harris, Harwell, Hutson, Jennings, Keyserling, Kinon, Lanford, McAbee, McKay, Rudnick, Scott, D. Smith, Stoddard, Wells, Whipper, Wright, A. Young, Stuart, Wofford
S. 1145     Richter, Courtney, Waldrep
S. 1172     Ford
Status:     H. 4656     Referred to Senate Banking and Insurance Committee 5-5-94.
S. 1145     Referred to House Labor, Commerce and Industry Committee 4-12-94.
S. 1172     Referred to Senate Banking and Insurance Committee 2-10-94.

H. 4949

Central Registry Child Abuse and Neglect Checks.
Provides requirement that adults in foster homes and employees and volunteers in residential group homes and child caring institutions undergo central registry child abuse and neglect checks and criminal history background checks.
Sponsor(s):     H. 4949     Cobb-Hunter, Whipper
Status:     H. 4949     Referred to House Medical, Military, Public and Municipal Affairs Committee 3-22-94.

H. 4101

Establishment and Membership of Community Mental Health Boards.
Provides for establishment and membership of community mental health boards. Provides that the governing body of any county wherein the board provides mental health services must be furnished a copy of the board's present budget or budget in process upon request within ten days of the request.
Sponsor(s):     H. 4101     Rudnick, Stone, R. Smith, Houck, Stille
Status:     H. 4101     Referred to House Medical, Military, Public and Municipal Affairs Committee 4-14-93.

H. 3597

Income Tax Credit for Dependent Disabled Person.
Provides that a refundable state individual income tax credit equal to two thousand dollars for a taxpayer with whom resides a dependent classified as permanently and totally disabled. Provides an offset against the credit income of the dependent on a one-for-three basis.
Sponsor(s):     H. 3597     Davenport
Status:     H. 3597     Referred to House Ways and Means Committee 3-2-93.

H. 3086/S. 255 (Act No. 159)

Head and Spinal Cord Injury Service Delivery System.
Provides for the creation of the South Carolina Head and Spinal Cord Injury Service Delivery System to develop, coordinate, and enhance delivery of services.
Sponsor(s):     H. 3086     J. Wilder, Baxley, Wright, Corning, Sharpe, Scott, Mattos, Rudnick, Shissias, Wells, Waites, Haskins, Marchbanks, Kirsh, Gamble, Barber
S. 255     Giese, Reese, Matthews
Status:     H. 3086     Tabled in House Medical, Military, Public and Municipal Affairs Committee 2-8-94.
S. 255     Signed by Governor 6-15-93.

S. 534

Prohibition of Renewal of Driver's Licenses to Persons With Physical and Mental Disabilities.
Provides for prohibition of renewal of driver's licenses to persons with physical and mental disabilities who the department believes are not capable to safely operating a motor vehicle.
Sponsor(s):     S. 534     Macaulay
Status:     S. 534     Referred to House Education and Public Works Committee 3-16-93.

S. 585 (Act No. 92)

Fingerprinting of a Health Care Facility Administrator.
Provides for requirement of a fingerprint review of persons applying to become an administrator of a health care facility required to obtain a Certificate of Need.
Sponsor(s):     S. 585     Bryan
Status:     S. 585     Signed by Governor 6-11-93.

S. 292

Employment Bill of Rights for Persons With Disabilities.
Provides for the enactment of the "Employment Bill of Rights for Persons with Disabilities." Provides for deletion of references to employment and changes the term "handicapped persons" to "person with disabilities."
Sponsor(s):     S. 292     Patterson
Status:     S. 292     Referred to House Labor, Commerce and Industry Committee 3-9-94.

H. 3810

Notification of Release of Defendant Found Not Guilty By Reason of Insanity to Victim or Family of Victim.
Provides notice to the victim or family of the victim before release of a defendant found not guilty by reason of insanity.
Sponsor(s):     H. 3810     Rudnick, Sharpe, Fair, Clyborne, Hutson, Robinson, Jaskwhich, Allison, Stuart, Huff, Wells, R. Smith, D. Wilder, Graham, Lanford
Status:     H. 3810     Referred to House Judiciary Committee 3-31-93.

H. 3922 (Act No. 293)

Property Tax Exemptions for Nonprofit Corporations Providing Below-Cost Supportive Housing for Handicapped Persons or Both Aged and Handicapped Persons.
Provides to extend the exemption allowed nonprofit housing corporations exclusively providing below-cost housing for handicapped persons or both aged and handicapped persons to nonprofit corporations exclusively providing below-cost supportive housing for elderly persons or households authorized pursuant to appropriate federal laws. Provides for deletion of obsolete language.
Sponsor(s):     H. 3922     Sheheen
Status:     H. 3922     Signed by Governor 3-1-94.

H. 3242

No Admission Charge for Aged, Blind, and Disabled Persons to State Park Facilities.
Provides for the use of state park facilities free of charge by aged, blind, and disabled persons.
Sponsor(s):     H. 3242     Vaughn, R. Smith, Inabinett, Meacham, Simrill, Farr, Davenport, Harwell, Waldrop, A. Young, Littlejohn, Kinon, Cato, Stone, D. Smith, Harrelson, Canty, Whipper, Moody-Lawrence, D. Wilder, Haskins, Allison, Graham, Klauber.
Status:     H. 3242     Referred to House Ways and Means Committee 1-21-93.

S. 313

Sexual Intercourse Prohibited with Mental Retardation Patient.
Provides penalties for having sexual intercourse with a patient in a state mental retardation facility as to include the penalty for committing sodomy on such patients.
Sponsor(s):     S. 313     Rose
Status:     S. 313     Referred to Senate Judiciary Committee 1-27-93.

H. 3837

Visitation by DYS, DMH, and DHEC in Secondary Schools Which Serve a High-Risk Student Population.
Provides that in secondary schools of this State which serve a high-risk student population as determined by the State Department of Education, representatives of the Departments of Youth Services, Mental Health, and Health and Environmental Control shall visit such schools one full day each month during the school year to provide services and consultations in their particular areas to interested students.
Sponsor(s):     H. 3837     Moody-Lawrence, Whipper, Inabinett, Neal, Cobb-Hunter, Hines, Scott, Simrill, Jaskwhich, Richardson, McLeod, Byrd, Wright, McMahand, Meacham, Stuart, Beatty, Littlejohn, Breeland, Cromer, Klauber
Status:     H. 3837     Referred to House Education and Public Works Committee 4-1-93.

H. 3016/S. 7 (Act No.110)

Omnibus Adult Protection Act.
Provides for the enactment of the Omnibus Adult Protection Act. Provides for the definition of terms. Provides for the duties of the State Department of Social Services and the Division of Ombudsman and Citizen Services, Office of the Governor, relative to adult abuse, neglect, and exploitation.
Sponsor(s):     H. 3016     P. Harris, Waldrop, Neilson, Allison, J. Brown, Byrd, Canty, Carnell, Cobb-Hunter, Gamble, Harrison, Harvin, Jaskwhich, Keegan, Kennedy, Marchbanks, Mattos, McCraw, Phillips, Rhoad, Rudnick, Shissias, Tucker, Stille, Vaughn, Walker, Waites, Wells, Whipper, J. Wilder, Wilkins, Wilkes, Stoddard, Baxley
S. 7     Bryan, Giese, Passailaigue, Elliott, Hayes, Jackson, Lander, Martin, McGill, Mitchell, O'Dell, Richter, Rose, Russell, Short, J. Verne Smith, Washington, Wilson, Glover
Status:     H. 3016     Signed by Governor 6-11-93.
S. 7     Referred to Senate Medical Affairs 1-12-93.

H. 3194
Criminal Sexual Conduct of Psychotherapists.
Provides that a person is guilty of criminal sexual conduct in the third degree if he is a psychiatrist, psychologist, licensed counselor or therapist, or a member of the clergy and engages in sexual contact with another person who is a patient or client of his for mental health therapy.
Sponsor(s):     H. 3194     Snow, R. Smith, G. Brown, Stone, McLeod, Byrd, Kelley, Chamblee, J. Harris
Status:     H. 3194     Referred to House Judiciary Committee 1-20-93.

S. 150

Perinatal Effects of Alcohol, Controlled Substances, and Cigarettes.

Provides for the enactment of the "Assessment of and Intervention on the Perinatal Effects of Alcohol, Controlled Substances, and Cigarettes Act" so as to require that physicians provide counseling to pregnant women on these effects.
Sponsor(s):     S. 150     Rose
Status:     S. 150     Referred to Senate Judiciary Committee 1-26-93.

S. 49

Authorization of the South Carolina Department of Mental Health to Apply for Funds from State Capital Improvement Bonds.
Provides for 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 terms and conditions of the department's capital bond improvement obligations and provisions for repayment.
Sponsor(s):     S. 49     Bryan
Status:     S. 49     Referred to House Ways and Means Committee 2-24-93.

S. 48

Patient Medical Records Act.
Provides definition of "health care provider." Provides amendment relating to the Physicians' Patient Records Act, to change chapter to the "Patient Medical Records Act" and to change references from "physician" to "health care provider."
Sponsor(s):     S. 48     Bryan
Status:     S. 48     Referred to House Medical, Military, Public and Municipal Affairs Committee 4-7-94.

H. 3823

Transportation of a Mental Health Patient by Law Officer.
Provides that state or local law enforcement officers may not transport persons confined to a mental health or mental retardation facility except a person charged with or convicted of a criminal offense. Provides exceptions.
Sponsor(s):     H. 3823     Canty, Keyserling
Status:     H. 3823     Referred to House Judiciary Committee 4-1-93.

H. 5051

Property Purchased by County Disabilities and Special Needs Boards.
Provides requirements before a county disabilities and special needs board purchases real property located within or adjacent to a residential area.
Sponsor(s):     H. 5051     Harrell, Fulmer
Status:     H. 5051     Referred to House Medical, Military, Public and Municipal Affairs Committee 4-12-94.

R. 1480

Minimum Eligibility Requirements of the Continuum of Care for Emotionally Disturbed Children.
Provides for the establishment of minimum eligibility requirements for the selection of clients for services by the South Carolina Continuum of Care for Emotionally Disturbed Children.
Status:     R. 1480     Effective May 28, 1993.

SPECIAL PROJECT

TEAM ADVOCACY (Appendix A)

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 A.

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

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

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 the Department of Disabilities and Special Needs programs.

DMH Facilities Visited

S.C. State Hospital

Patrick B. Harris Psychiatric Hospital

Richard M. Campbell Veterans Nursing Home

Community Mental Health Programs Visited

Charleston Area Mental Health Center

Lowcountry Children's Center
Windwood Farm
Tri-County Mental Health Center
"Onsite" Program for Assertive Community Treatment
"Outreach" Program for Assertive Community Treatment
Charleston Area Mobile Crisis Program
Charleston Area Children and Adolescents Family Preservation Program
Charleston Area Children and Adolescents School Program

Community Mental Retardation Programs Visited

Anderson County Mental Retardation Board Work Program at Westinghouse

Anderson County Mental Retardation Board Workshop

Anderson County Mental Retardation Board Supervised Living Program

Chesterfield County Mental Retardation Board Cheraw Chronicle workshop/enclave

Chesterfield County Mental Retardation Board Community Training Home Residential Program (foster home placement)

Chesterfield County Mental Retardation Board Family Support Program Personal Home Visit

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

Self-Help Live Teleconference Series - 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.

PUBLIC HEARINGS

During the past two year session, the Committee held four statewide public hearings in communities around the State. At these hearings, constituents were able to voice their concerns and opinions regarding issues related to mental health, developmental disabilities and special needs.
June 29, 1992             Charleston, SC
August 3, 1992             Anderson, SC
June 24, 1993             Columbia, SC
August 4, 1993             Cheraw, SC

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 and Mental Retardation Subcommittees will also be addressing issues raised by the public hearings at their monthly meetings this fall. These issues will shape the Committee's legislative agenda for the next session.

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, Health Legislation and Regulation, Brown University Long Term Quality Care Letter, Journal of Mental Health Administration, American Journal of Psychiatry, Report on Education of Disadvantaged, Mental Health Funding News, Report on Disability Programs, Journal of Psychotherapy Practice, Intergovernmental Health Policy Project, Harvard Mental Health Letter.

Appendix A
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 one installment of $7,750.00 for the first quarter of fiscal year 94 in July to allow the Project to operate under the auspices of the MH/MR Committee.

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 transaction being made. Travel reimbursement must be at the same rate as state employees. Travel in the Columbia metropolitan area will not be paid by the MH/MR Committee, in compliance with Committee policy under Regulation 19-101.07.

This agreement shall be effective on July 8, 1993, and shall remain in effect until the end of the fiscal year.

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

ANNUAL PLAN - TEAM ADVOCACY PROJECT
July 1, 1993 through June 30, 1994

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 1993-94 fiscal year:

1. Inspect, at a minimum, four (4) Department of Mental Health facilities, which includes the initial surprise inspection and the follow-up;

2. Inspect, at a minimum, ten (10) Community Residential Care Facilities, which includes the initial surprise inspection and the follow-up;

3. Survey, at a minimum, ten (10) rehabilitative living skills programs and/or psychosocial clubhouses;

4. Hold at least one press conference, if needed, 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. Conduct training sessions for volunteers as needed and include staff members of the Legislative-Governor's Committee on Mental Health and Mental Retardation, the Department of Mental Health, and a homeowner/member of the S.C. Association of Residential Care Homes; however, no person employed by the Department or community residential care facility may be a member of an inspection team; staff from the MH/MR Committee must be present during all training sessions;

6. Training shall include an overview of regulations community residential care facilities are required to be in compliance with under DHEC. This segment of the training session, when possible, will be presented by a board member of the SC Association of Residential Care Homes or the board's designee;

7. 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;

8. 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;

9. 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;

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

11. Follow the procedures outlined below:
a. With regard to the DMH facility inspection 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; and
f. Involve a board member of SC Association of Residential Care Homes or the board's designee, when possible, in inspections of residential care facilities. This person may serve in an observation capacity only and is not considered part of the inspection team; and
g. The Project will present a final written report of their findings from inspections of community mental health center living skills programs and plans of care at the end of the fiscal year.

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, and to report facilities which refuse admittance to Team Advocacy volunteers to the Department of Health and Environmental Control.

If complaints arise, either from an individual home or systemic perspective, which cannot be resolved independently by SCP&A and the SC Association of Residential Care Homes, such complaints shall be forwarded to the Team Advocacy Advisory Board. If, after a good faith effort, these complaints cannot be resolved by the advisory board, they shall be forwarded in writing to the Legislative-Governor's Committee on Mental Health and Mental Retardation. Upon proper written request for a hearing, the Chairman shall then appoint a mediation subcommittee made up of three members of the Legislative-Governor's Committee on Mental Health and Mental Retardation to hear such complaints. The mediation subcommittee shall then make their report to the full committee at the next committee meeting.

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

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

25TH ANNUAL REPORT
JOINT LEGISLATIVE COMMITTEE ON AGING
South Carolina
General Assembly
May 1994

To:     Members of the General Assembly of South Carolina

The Joint Legislative Committee on Aging, created in 1969 by Concurrent Resolution H.1286 and in 1978 made a permanent committee by Act 402 (Section 2-51-10), is pleased to submit the Twenty-fifth Annual Report of the Committee.

HOUSE MEMBERS:
/s/Representative Patrick B. Harris, Chairman
/s/Representative Dave C. Waldrop, Jr., Vice-Chairman
/s/Representative Denny Woodall Neilson

SENATE MEMBERS:
/s/Senator Warren K. Giese
/s/Senator Ernest L. Passailaigue
/s/Senator Maggie Wallace Glover

GOVERNOR'S APPOINTEES:
/s/Gloria H. Sholin
/s/Thomas D. Stilwell
/s/Robert C. Wasson

STAFF:
Keller H. Barron, Research Director
Karen L. Jacobs, Research Assistant
212 Blatt Building, PO Box 11867
Columbia, South Carolina 29211
Telephone: (803) 734-2995 Fax: (803) 734-2925

I. BRIEF HISTORY

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 Service, 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 Riley, 1969-1976; Senator Hyman Rubin, 1977-1984. Representative Patrick Harris is the current Chairman, elected on November 29, 1984.

II. PUBLIC HEARING AND COMMITTEE MEETINGS

The Annual Public Hearing of the Committee on Aging was held in Columbia on September 15, 1993. Testimony was received from 28 persons representing individual interests, state agencies, commissions, organizations and service delivery groups. Approximately 110 persons attended the Hearing.

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 4, 1993, to review the public hearing testimony, to receive reports, to discuss proposed legislation and to determine the 1994 legislative priorities.

III. LEGISLATION INTRODUCED BY THE COMMITTEE

Copies of Acts, Bills, and Bill Status may be obtained from Legislative Information 1-800-922-1539, 734-2060

ENACTED 1994:

ALZHEIMER'S RESOURCE COORDINATION CENTER (H.4388, S.926/R 346, Act _____) Effective Date: April 20, 1994
A bill which creates the Alzheimer's Disease and Related Disorders Resource Coordination Center in the Office of the Governor, Division on Aging and provides for its duties and for an Advisory Council.

Appropriation Bill(Senate Proviso) 6DD.45 Governor, Division on Aging-Alzheimer's Grants: Of the funds appropriated herein ($100,000) for the Alzheimer's Resource Coordination Center, the Division on Aging shall use a portion of the funds to provide grants of up to $10,000 each to local communities to assist persons who have Alzheimer's Disease and their families, to include respite care. The local community shall be required to provide cash or in-kind match in an amount equal to the amount of funds received.

SOUTH CAROLINA REVERSE MORTGAGE ACT (H.4351/
R 421, S.929, Act _____) Effective Date: July 1, 1994
A bill to enact the South Carolina Reverse Mortgage Act which provides rules for governing reverse mortgages, exempts reverse mortgages from certain provisions of other mortgage transactions, and requires that certain information concerning reverse mortgages is available to loan applicants.

STATE HEALTH AND DENTAL INSURANCE PLAN (H.4368/R 323, S.928, Act 310) Effective Date: July 1, 1994
A bill which relates to entities whose employees and retirees are eligible for state health and dental insurance plans, to include county councils on aging or other governmental agencies providing aging services funded by the Office of the Governor, Division on Aging.

FOCAL POINT DESIGNATION
(H.4427, S.947/R 364, Act ____) Effective Date: May 24, 1994
A bill to provide that the Governor's Office, Division on Aging shall designate area agencies on aging who shall designate focal points to represent the local level of the state aging network.

CHIPS CONCURRENT RESOLUTION (H.4419, S.1008)
A Concurrent Resolution to honor and congratulate Carolina Home Injury Prevention for Seniors (CHIPS) projects for contributions to the health and safety of our elderly citizens and to honor and thank the many volunteers who have given so generously of their time to this project.

PENDING 1994:

AUTOMOBILE INSURANCE CREDIT FOR DRIVER TRAINING (H.4369, S.927)
A bill to provide that automobile liability and collision insurance rates are subject to a mandatory credit if an insured has passed an approved driver training course.
STATUS: H.4369 - Referred to Labor, Commerce & Industry; S.927 - PASSED SENATE _ House Calendar with amendment

CONTINUING CARE RETIREMENT COMMUNITIES ACT AMENDMENTS (H.4857, S.1224)
A bill to require an operator of a Continuing Care Retirement Community (CCRC) to obtain approval from the Department of Consumer Affairs to distribute a dividend or similar distribution; to require an operator of a CCRC to submit a financial plan to the Department for approval if the Department has reason to believe the operator is or may become insolvent.     STATUS: H.4857 - PASSED House with amendments _ Referred to Banking and Insurance; S.1224 - Referred to Banking and Insurance

EMS - DO NOT RESUSCITATE ACT (S.1256)
A bill to enact the Emergency Medical Services Do Not Resuscitate Act, to provide for circumstances under which emergency medical services personnel may not resuscitate patients, to provide a form for this order.
STATUS: S.1256 - PASSED Senate with amendments _ Referred to House Judiciary

MANUFACTURED HOME PARK TENANCY ACT AMENDMENTS (H.4370, S.930)
A bill which deletes the "taking of the park or the part of it affecting the resident's lot by eminent domain" as a reason the owner of the land may evict the resident leasing the lot.
STATUS: H.4370 - PASSED House _ Referred to Senate Judiciary; S. 930 - Referred to Senate Judiciary

SAFE CREMATION ACT (H.4756, S.1191)
A bill to enact the "Safe Cremation Act" and to provide for the authorization of, the procedures for, and regulation of cremation.
STATUS: H.4756 - PASSED House _ On Senate Calendar without Reference; S.1191 - Referred to Senate Medical Affairs

PENDING FROM 1993:

AGING CURRICULUM/VOLUNTEERISM (H.3165, S.248)
A Joint Resolution to integrate aging topics into public school curriculum and promote volunteerism within schools.
STATUS: H.3165 - PASSED House _ Referred to Senate Education; S.248 - Referred to Senate Education

TAX CREDIT FOR ADULT DAY CARE PROGRAMS (H.3021, S.115)
A bill to extend to adult day care programs the tax credit received by employers beginning in 1990 for child day care programs.
STATUS: H.3021 - Referred to House Ways and Means; S.115 - PASSED Senate _ Referred to Ways and Means

AUTOMOBILE INSURANCE CREDIT FOR DRIVER TRAINING (H.3017, S.114)
A bill to provide that automobile liability and collision insurance rates are subject to a mandatory credit if an insured has passed an approved driver training course. Amended to mandate drivers' education for 15-17 year olds and to provide vouchers for such courses.
STATUS: H.3017 - Tabled; S.114 - PASSED Senate _ PASSED House with Amendments _ Senate Refused to Concur _ Conference Committee Report Pending

SENIOR HOUSING INSTITUTE (H.3020, S.173)
A bill to sponsor a "Senior Housing Institute" and to report annually to the General Assembly and the Governor.
STATUS: H.3020 - PASSED House _ Referred to Senate Medical Affairs; S.173 - PASSED Senate _ Referred to House Ways and Means

IV. SELECTED LEGISLATION RELATING TO AGING
ENACTED 1994:

1994 OUTSTANDING OLDER SOUTH CAROLINIAN (H.5196, S.1404) Effective Date: May 11, 1994
House and Senate Resolutions to recognize John W. Fling of Richland County upon receiving the 1994 Outstanding Older South Carolinian Award presented by the Office of the Governor, Division on Aging.

CONTRACTED EMPLOYEES BY INDIVIDUALS IN NURSING HOMES (H.4780) Effective Date: Upon approval by the Governor
A bill to provide that a resident of a nursing home of this state may contract with a person not associated with the nursing home to perform certain services and provide exceptions.

EXEMPTION FOR NON-PROFIT HOUSING CORPORATIONS (H.3922/R 300, Act 293) Effective Date: Upon approval by the Governor, effective for taxable years beginning after 1993
A bill to extend the exemption allowed non-profit housing corporations exclusively providing below-cost housing for aged and handicapped persons to non-profit corporations exclusively providing below-cost supportive housing for elderly persons or households authorized by appropriate federal laws.

PUBLIC HEALTH ADVISORY COMMITTEE APPOINTMENTS (S.1138) Effective Date: Upon approval of Governor
A Joint Resolution to provide that the Human Services Coordinating Council shall appoint an Advisory Committee on the future of public health in South Carolina.

OTHER LEGISLATION PENDING 1994:

RESTRUCTURING CORRECTIONS (H.4818, S.1381)
To include among other provisions to revise the membership and responsibilities relating to the Long Term Care Council, to revise the name, membership and responsibilities of the Council to the Human Services Coordinating Council.
STATUS: - PASSED House _ Senate Judiciary; S.1381 - Currently on Senate Calendar for second reading

GRANDPARENT CHILD VISITATION (H.4503)
A bill to provide conditions under which grandparent visitation may be granted.

STATUS: Referred to House Judiciary

HEALTH CARE PROVIDER DEFINITION (H.5019)
An amendment offered to amend the Physicians' Patient Records Act which would change a chapter to the "Patient Medical Records Act' and change references from "Physician" to "Health Care Provider" throughout the chapter.

STATUS: Referred to House Ways and Means

HOMEOWNERS PROPERTY TAX EXEMPTION (H.4633)
A bill to provide a homestead exemption for homeowners from property taxed for school operating purposes, limit increases in local government revenues during the phase-in of the homestead exemption, require the Department of Revenue to assess all personal property in the state, require reassessment every five years.

STATUS: Recommitted to House Ways and Means

OMNIBUS ADULT PROTECTION ACT AMENDMENT (H.4740)
A bill to provide that a vulnerable adult may not be considered abused or neglected if being furnished nonmedical remedial treatment in accordance with practices of a recognized church instead of medical treatment.

STATUS: Referred to House Judiciary

PRESCRIPTION EYEGLASS EXEMPTION (H.4526)
A bill to exempt prescription eyeglass lenses and raw materials used in the fabrication of such lenses and to provide that this exemption does not extend to eyeglass frames.

STATUS: Referred to House Ways and Means

PROBATE CODE (S.886)
A bill to permit a bond to be waived on estates under $100,000 under certain conditions.

STATUS: PASSED Senate _ Referred to House Judiciary

PROPERTY TAX RELIEF SALES TAX ACT (H.5023)
A bill to enact the Property Tax Relief Sales Tax Act which imposes an additional three and one-half percent sales tax, the revenue from which shall be used to reduce and eliminate ad valorem property taxes on a phased-in basis; repeal section on homestead exemptions.

STATUS: Referred to House Ways and Means

PUBLIC FACILITY TAX EXEMPTION (H.4393)
A bill to provide that the exemption allowed for schools, colleges, hospitals, and charitable institutions caring for the infirmed, handicapped persons, aged, children and indigent persons, does not extend beyond the buildings and premises actually occupied by owners of the real property.

STATUS: Referred to House Ways and Means

RETIREMENT INCOME DEDUCTION (H.4765)
A bill to provide for the deduction of all retirement income beginning for the taxable years the taxpayer attains age sixty-five.

STATUS: Referred to House Ways and Means

SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT (S.1062)
A bill to enact the "South Carolina Solicitation of Charitable Funds Act".

STATUS: PASSED Senate _ Referred to House Judiciary _

VOLUNTEER SERVICE PROTECTION ACT (H.4778)
A bill to enact the "Volunteer Service Protection Act" to provide immunity from civil liability based upon a volunteer's action in connection with duties for certain organizations.

STATUS: Referred to House Judiciary

OTHER LEGISLATION PENDING FROM 1993:

ABSENTEE BALLOT (H.3100)
A bill to lower from seventy-two to sixty-five the age of a person who qualifies to vote by absentee ballot.

STATUS: PASSED HOUSE _ Referred to Senate Judiciary

ABSENTEE BALLOT (S.581)
A bill to provide that persons attending sick or physically disabled persons, persons serving as jurors in a state or federal court on Election Day, and persons 72 years of age of older may vote by absentee ballot.

STATUS: PASSED Senate _ Referred to House Judiciary

ADEQUATE SEATING (H.3699)
A bill to require the Department of Highways and Public Transportation to provide adequate seating for persons who, because of their age or infirmity, cannot stand for long periods of time on offices in which the Department registers and licenses motor vehicles.

STATUS: Referred to House Education and Public Works

AUTO LEASE FEE REDUCTION (H.3172)
A bill to authorize a fee of ten dollars annually for persons sixty-five years of age or older who leases a vehicle.

STATUS: PASSED HOUSE _ Referred to Senate Transportation

BINGO (H.3967)
A bill to repeal current provisions pertaining to regulation of bingo games and adds provisions to regulate bingo.

STATUS: Referred to House Ways and Means

CRIMES OF MEDICAL ASSISTANCE PROVIDER/RECIPIENT FRAUD (S.782)
A bill to provide civil and criminal penalties for crimes of medical assistance provider/recipient fraud.

STATUS: PASSED Senate _ Referred to House Judiciary

DEPENDENT TAX CREDIT (S.145)
A Bill to enact the Dependent Tax Credit Act.

STATUS: Referred to Senate Finance

HEALTH CARE CONSENT ACT (H.3695)
A bill to revise the definition of "Health Care" to include the provision of medically or surgically implanted tubes in the Adult Health Care Consent Act.

STATUS: Referred to House Judiciary

HEALTH CARE REFORM ACT (H.4171, S.749)
A bill to enact the "South Carolina Comprehensive Health Care Reform Act of 1993" by providing health care cooperative agreements, to regulate self-referral of patients by health care professionals, and to direct SCDHEC to develop clinical practice guidelines, provide for health care cost containment, provide a transition to universal health insurance coverage, provide for education and training of health care professionals, provide medical review criteria, provide standards and requirements for individual and group health benefit plans, provide that the Uniform Arbitration Act is applicable to insurance companies, administrators of insurance benefit plans and health maintenance organizations.
STATUS: H.4171 - Referred to Medical, Military, Public and Municipal Affairs; S.727 - Senate General

HOMESTEAD EXEMPTION TO $25,000 (H.3963, S.64)
A bill to increase the amount of real property exempted from taxation from the $20,000 of fair market value to $25,000.
STATUS: H.3963 - Referred to House Ways and Means; S.64 - Referred to Senate Finance

HOMESTEAD EXEMPTION TO $30,000 (H.3089, H.3114, S.20, S.332)
A bill to increase the amount of real property exempted from taxation from the $20,000 of fair market value to $30,000.
STATUS: H.3089/H.3114 - Referred to House Ways and Means, S.20/S.332 - Referred to Senate Finance

HOMESTEAD EXEMPTION - FAIR MARKET VALUE (H.3364)
A bill to provide an exemption on residential property tax for fair market value which represents increases after the property first qualifies for the homestead exemption.

STATUS: Referred to House Ways and Means

HOMESTEAD EXEMPTION - CONSUMER PRICE INDEX (H.3139, H.3694)
A bill to require annual adjustments to offset increases in the consumer price index.
STATUS: H.3139 - Referred to House Ways and Means; H.3694 - Referred to House Ways and Means

HUNTING/FISHING EXEMPTION (H.3383)
A bill to allow persons who are nonresident, sixty-five years of age or older an exemption from obtaining a hunting and fishing license/permit if their state of residence extends similar privileges.

STATUS: Referred to House Agriculture

INCOME TAX DEDUCTION (H.3125)
A bill to allow a deduction for a sixty-five year old person, or spouse, who is ineligible for a deduction under other provisions.

STATUS: Referred to House Ways and Means

INCOME TAX DEDUCTION (H.3907, S.666)
A bill to clarify taxable income deductions for the retirement income exclusion for surviving spouses; so as to clarify that the Eldercare Trust Fund "Checkoff" applies only to individual income tax returns.
STATUS: H.3907 - PASSED HOUSE _ Referred to Senate Finance, S.666 - PASSED Senate with amendments_ House Ways and Means

INCOME TAX EXEMPTION (S.41)
A bill to exempt from state income tax resident individuals who have attained the age of sixty-five years.

STATUS: Referred to Senate Finance

INDIVIDUAL MEDICAL ACCOUNT (S.171)
A bill to create the Individual Medical Account Act for the purpose of paying the medical, dental, and long-term care expenses of the account holder.

STATUS: Referred to Senate Finance

LOTTERY (S.278)
A Joint Resolution to provide that a portion of the revenue derived from the lotteries conducted by the state be used for reducing the sales and use tax on unprepared food.

STATUS: Referred to Senate Finance

LOTTERY (H.3117)
A Joint Resolution to authorize lotteries conducted only by the state: one-half of revenues from lotteries must be used for elderly and indigent care.

STATUS: Referred to House Judiciary

MEDICAID TRUSTS FOR NURSING HOME CARE (H.4185)
A bill to provide for court-approved trusts and their requirements in order for a trust beneficiary to qualify for Medicaid for nursing home care.

STATUS: PASSED HOUSE _ Referred to Senate Medical Affairs

RETIREMENT INCOME (H.3653/H.3906/S.667)
A bill to increase from $3,000 to $6,000 the maximum amount of retirement income a taxpayer at least sixty-two years of age may deduct from taxable income.
STATUS: H.3653/H.3906 - Referred to House Ways and Means; S.667 - Referred to Senate Finance

STATE PARK EXEMPTION (H.3242, S.309)
A bill to allow aged, blind, and disabled persons free use of facilities free of charge and to change from 65 to 62 the qualifying age.

STATUS: Referred to Senate General

STATE PARK FREE ADMISSION (H.3393)
A bill to give free admission and reduced charges for state parks to non-residents, sixty-five or older or disabled if their state reciprocates.

STATUS: Referred to House Ways and Means

SALES TAX EXEMPTION - 85 Years (H.4094)
A bill to require the Department of Revenue and Taxation to distribute placards to retailers informing the public that the one percent sales and use tax to fund the Education Improvement Act of 1984 does not apply to individuals 85 years of age of older.

STATUS: Referred to House Ways and Means

V. APPROPRIATION BILL AND PROVISOS

PERTAINING TO AGING INTERESTS

Part IB, Temporary Provisos

D21 - Section 6DD - The Governor

40. Div. on Aging - State Match Funding Formula

41. Div. on Aging - State Matching Funds Carry Forward

43. Div. on Aging - Registration Fees
45. Added by Senate Finance Committee (SFC): Div. of Aging, Alzheimer Grants - Grants made to local communities from funds appropriated to the Division on Aging for the Alzheimer's Resource Coordination Center be matched 50% by the community. Grants will be up to $10,000. Appropriation of $100,000 non-recurring for educational purposes and local grants.

H54 - Section 18M - MUSC

2. Ombudsman Program

JO2 - Section 29 - Department of Health and Human Services

2. Long Term Care Facility Reimbursement Rate

12. Nursing Home Sanctions
17. Deleted by SFC: Substitute Home Programs - It is the intent of the General Assembly that $250,000 appropriated herein be used as match to implement a waiver proposal for the development of substitute home programs in South Carolina. Services will be restricted to 300 persons who will be eligible for enhanced residential care facility, assisted living and adult foster care services. Individuals served must meet the nursing home level of care criteria.

JO4 - Section 30 - Dept. of Health and Environmental Control

34. Nursing Home Medicaid Bed Day Permit

LO4 - Section 35 - Department of Social Services
6. Amendment SFC: Residential Care Optional Supplement, amended to Individual.

X90 - Section 129 - General and Temporary

19. Human Services Coordinating Council

25. Discrimination Policy

47/48 Retirees Salary Limit

62. Amendment SFC: Federal Retiree Settlement

PART II, Permanent Provisos
Section 45 - Exempt from sales tax food stuffs for homeless or needy sold to non-profit organizations
Section 47 - Berkeley County Senior Centers - Amended SFC
Section 58 - Additional Homestead Exemption for School Property Taxes, Deleted SFC
Section 89 - Federal Retiree Settlement - Amended SFC

VI. STUDY PENDING

•Long Term Care Insurance Home/Community Optional Benefit, Office of the Governor, Division on Aging, Department of Insurance. Report Date, January 1995 and January 1997 (1991 Act 165, Section 3).

VII. ACTIVITIES
"LEGISLATIVE UPDATE" and PAMPHLETS

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 two pamphlets. One gives a brief history of the Committee and includes a list of the members and legislative priorities and the other, "Aging Resources," lists state organizations, agencies, and legislative committees interested in aging issues.

SENIORS' LEGISLATIVE DAY

This year the SC Federation of Older Americans hosted the Seniors' Legislative Day '94 on Wednesday, January 12, 1994 at the Marriott Hotel in Columbia. The day consisted of workshops for members of the Federation and a annual luncheon held to honor the members of the General Assembly.

"Speaking Out on Aging Issues" was the theme of this year's event. Over 125 persons were present to give a special tribute to the more than 70 legislators who attended.

Dr. James Califf, President of the Federation, presided over the event. Comptroller General Earle Morris introduced the legislators. Senator Dick Elliott introduced the guest speaker, Lieutenant Governor Nick Theodore. The Lt. Governor spoke on "Setting Priorities for 1994."

Rep. Dewitt Williams received the Legislator of the Year Award from the SCFOA. Other award winners were Chad Buffkin, Editor, Fifty Plus Newspaper, Media of the Year Award; and Sisters of Our Lady of the Valley, Volunteer of the Year Award.

Karen Jacobs, JLCOA staff, served on the Planning Committee and coordinated the Workshops Committee.

ALZHEIMER'S TASK FORCE

The Task Force to Study Services for Alzheimer's Victims and Their Families was appointed by the Committee on Aging as provided by Joint Resolution, H.3018, signed by the Governor on April 26, 1993. Members of the Task force are Dean Winona Vernberg, USC School of Public Health, Chair; Dr. David Bachman, Medical University of South Carolina; Dr. Joseph Bevilacqua, Department of Mental Health; Tom Brown, Department of Health and Environmental Control; Harry Bryan, Alzheimer's Association, Mid-State Chapter; Dr. Paul Eleazer, USC School of Medicine; Dr. Pam Kline, Clemson University; Dr. Eugene Laurent, SC Health and Human Services Finance Commission; Jack McIntosh, Alzheimer's Association, Upstate Chapter; Ruth Seigler, Division on Aging, Governor's Office; Betty Allison, caregiver; Reverend Monroe Fields, caregiver; Nancy Jones, caregiver.

The Task Force met a total of nine times and produced the Report, GRAY PLAGUE OF THE TWENTY-FIRST CENTURY: Meeting the Needs of Individuals with Alzheimer's Disease, Their Families and Caregivers. It was presented at the meeting of the Committee on November 4, 1993. The following facts about AD in SC were presented:
•     Approximately 50,000 currently have Alzheimer's disease or a related disorder
•     This number is increasing by over 1,000 each year
•     10% of those over age 65 have Alzheimer's disease
•     1 in 3 of those over age 85 have Alzheimer's disease
•     For every person with Alzheimer's disease, at least one other person is affected -- which brings the number affected to 100,000
•     The average caregiver is over 60 years old

Companion bills drafted from the Report were introduced in the House (H.4388) and Senate (S.926) on January 11, 1994. The bills call for an Alzheimer's Resource Coordination Center. S.926 passed and was signed by the Governor on April 20, 1994. The Senate Finance Committee appropriated $100,000, approved by the Senate. It must also be sustained in the Conference Committee. The Task Force actively worked for establishment of and funding for the Center.

LEGISLATIVE INTERNS

College of Social Work, USC

The College of Social Work at the University of South Carolina assigned Jan Wallace, candidate for a Master's degree in Social Work, as a legislative intern with the Committee from August 1993 to May 1994. This is the sixth time a macro field placement has been provided by the Committee.

Jan completed the Directory of Housing for Seniors in South Carolina which aids seniors in finding appropriate housing within our State. The Directory contains information on Continuing Care Retirement Communities, Retirement Communities, Adult Day Care facilities, Alzheimer's Special Care programs, Community Residential Care facilities, Denominational facilities, Nursing Homes and Subsidized Rental Housing. The Directory was compiled from written surveys, telephone surveys and through lists provided by licensing agencies. She also aided in the Blue Ribbon Task Force Report, Gray Plague of the Twenty-First Century: Meeting the Needs of Individuals with Alzheimer's Disease, Their Families and Caregivers.

School of Public Health, USC

Winona B. Vernberg, Dean of the School of Public Health, placed Darbi Church, candidate for Master's degree in Health Administration, as a graduate assistant with the Committee from July 1993 through May 1994.

Darbi was assigned to staff the Blue Ribbon Task Force on Alzheimer's Disease. She compiled the background information, goals, objectives, and recommendations of the Task Force into a 71 page report, Gray Plague of the 21st Century: Meeting the Needs of Individuals with Alzheimer's Disease, Their Families and Caregivers. She closely followed the bill which created an Alzheimer's Resource Coordination Center in the Office of the Governor, Division on Aging. She also studied the legislative budget process through observing the appropriations procedure for the Center. In addition, Darbi completed a guide to the legislative process which includes a case study of the Alzheimer's legislation.

School of Nursing, USC

Melanie VanSant, candidate for a Master's degree in Nursing, was an intern from the School of Nursing at the University of South Carolina. Melanie worked in the Committee on Aging office from September through November. She attended various meetings concerning health and aging issues such as the Long Term Care Council, SC Health Decisions and she also participated in activities involving the Blue Ribbon Task Force on Alzheimer's Disease.

Agnes Scott College

Michelle Frost participated in the ASC Extern Program during the week of January 10-14, 1994. She attended the opening day of the legislative session, Senior Legislative Day '94, a workshop on effective lobbying for senior citizens, and House and Senate committee meetings. She met several elected and appointed officials.

Cheryl Monk participated in the Shadow Program on March 16, 1994. She attended House and Senate committee meetings and observed a session of the General Assembly.

COMMITTEE AND STAFF LIAISON ACTIVITIES

Members of the Committee and/or staff worked cooperatively throughout the year with the Standing Committees of the House and Senate, Long Term Care Council, Department of Health and Environmental Control, Joint Health Care Planning and Oversight Committee, Legislative Committee for People with Disabilities and Special Needs, Division on Aging of the Governor's Office, Department of Revenue and Taxation, Comptroller General's Office, Health and Human Services Finance Commission, Department of Consumer Affairs and the State Library.

Chairman Patrick B. Harris represents the Committee on the Health Care Planning and Oversight Committee and the Long Term Care Reform Subcommittee.

Keller H. Barron, Director of Research, is the designee for Chairman Harris on the Long Term Care Council and serves on the Agenda Committee. She also serves on the South Carolina Health Decisions Committee of DHEC.

Karen Jacobs, Research Assistant, participated in the Alzheimer's Association Mid-State Chapter Memory Walk and served on the Senior Legislative Day '94 Planning Committee. Currently, she is serving as a member on the Alzheimer's Association Memory Walk Planning Committee.

VIII. REPORTS

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

GRAY PLAGUE OF THE TWENTY-FIRST CENTURY: Meeting the Needs of Individuals with Alzheimer's Disease, Their Families, and Caregivers, as directed by Joint Resolution Act 195, 1993, was submitted to the Committee on November 4, 1993, by the Blue Ribbon Task Force on Alzheimer's Disease. The Report critically analyzes South Carolina's current service system and identifies economical ways of improving the continuum of care for individuals with Alzheimer's disease and related disorders.
The goals are:

1)     to establish a single entity which shall facilitate the assessment, planning, and coordination of services to ADRD individuals;

2)     to promote a comprehensive service system, with emphasis on community services in the least restrictive environment, meeting individual needs and maximizing independence;

3)     to enhance data collection and utilization in order to improve the service delivery system and provide information for policy development;

4)     to increase the numbers and training of professional caregivers with expertise in geriatrics and ADRD; and

5)     to assure that administrators of health care facilities and service providers utilize the appropriate staff and facility resources and provide staff training and continuing education relating to the special needs of ADRD individuals.

A total of 24 recommendations flowed from these goals. Among them were recommendations to:

1)     create a Resource Coordination Center in the Office of the Governor, Division on Aging (S.926, enacted on May 24, 1994);

2)     establish funding for local ADRD services;

3)     develop training programs for home health aides, nurses aides, and homemakers;

4)     develop criteria for Alzheimer's disease special care units in nursing homes and adult day care;

5)     develop training for volunteers; and

6)     expand the Alzheimer's Disease Registry.

Responsibility for carrying out these recommendations lies with the Resource Coordination Center and various State Entities. Approximately 300 Reports were printed and distributed.

Presently, the District of Columbia and the State of Massachusetts are considering replication of the recommendations in the Report.

DIRECTORY OF HOUSING FOR SENIORS IN SOUTH CAROLINA, is the fourth edition of the Directory to assist South Carolinians and persons coming from other states to locate housing in South Carolina. Since 1982, legislative interns from the College of Social Work, University of South Carolina, have carried out this important project with the Committee staff. The Directory was compiled from written surveys, telephone surveys and through lists provided by licensing agencies. It contains information on Continuing Care Retirement Communities, Retirement Communities, Adult Day Care facilities, Alzheimer's disease Special Care programs, Community Residential Care facilities, Denominational facilities, Nursing Homes and Subsidized Rental Housing. This report was distributed to all facilities listed, regional libraries within the state, the aging network and upon request to legislators.

IX. PUBLICATIONS

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

•     Final Report, Advisory Committee on Adult Abuse, Neglect and Exploitation of the Long Term Care Council; April 1992

•     Adult Day Care Survey of Needs of State Employees Report to the Committee, Human Resource Management Division, Budget and Control Board, 1991

•     Aging in South Carolina: Focus on Caregiving, SC Commission on Aging, 1993

•     Annual Reports 1970-1994

•     Aging Resources, 1994

•     Alzheimer's Disease and Related Disorders Registry, Annual Report, School of Public Health, 1993

•     Consumer's Guide to Long Term Care Insurance in SC, 1990

•     Declaration of a Desire for a Natural Death form, 1994

•     Directory of Housing for Seniors in SC, February 1994

•     Economic Impact of the Senior Living Industry in SC, Department of Parks, Recreation and Tourism, 1991

•     Elderly in SC: Quick Facts, 1993

•     Final Report: SC Community Long Term Care Waiting List Study, August 1993

•     GRAY PLAGUE OF THE TWENTY-FIRST CENTURY: Meeting the Needs of Individuals with Alzheimer's Disease, Their Families and Caregivers, Alzheimer's Task Force, November 1993

•     Greying of South Carolina: Facing the 90's, Final Report; SC Humanities Council, 1990

•     Health Care Power of Attorney form, 1994

•     Health Care for the Medically Indigent of SC: 1990 Health Access Update, Summary Report, 1992

•     Homestead Tax Exemption Program; Comptroller General, 1993

•     Horry County Resource Directory, 1993

•     Laws, Regulations, Policies and Procedures Affecting the Aged and Disabled Drivers in SC Report to the Committee, Department of Highways and Public Transportation, 1992

•     Legislative History of the "Living Will" and Health Care Power of Attorney, 1977-1993

•     Long Term Care and Related Services for the Elderly, Limited-Scope Review, Legislative Audit Council, 1993

•     Medicare Supplement Insurance Standardization Comparison of Annual Premium Rates in SC, Dept. of Insurance, February 1994

•     Older Americans Act 1993

•     Panel Study of Older South Carolinians, Long Term Care Council, 1990

•     Report on the Study of Applicants Seeking Medicaid-Sponsored Nursing Facility Care in SC, H&HSFC, July 1993

•     Discovering SC, Vol.6, No.1, 1994

•     SC Senior Citizens' Handbook, a Guide to Laws and Programs Affecting Senior Citizens, Young Lawyers Division, SC Bar, 1992

•     Senior Housing Survey Report, SC Commission on Aging, 1993

•     State Plan on Aging, SC Commission on Aging, 1993-96

•     Study of Home Equity Conversion Mortgages in SC, September 1993

•     Summary of Legislation Related to Aging Interests Enacted Through 1994

•     Volunteers and the Law in South Carolina, Young Lawyers Division of the SC Bar, 1993

X. OFFICE OF THE GOVERNOR,
DIVISION ON AGING

In 1971 the General Assembly designated the South Carolina Commission on Aging to administer the provisions and funds of the Older Americans Act of 1965, as amended, and to plan, coordinate and serve as an advocate for programs and services for older persons and their family caregivers.

Planning is coordinated for older South Carolinians in such areas as income, health, housing, employment, retirement and in-home and community-based services.

In July 1993, the Commission on Aging was abolished under government restructuring and the agency became a Division in the Governor's Office (R.276).

The "Aging Network" in South Carolina includes the Division and 10 Area Agencies on Aging which plan, develop and coordinate programs and services in their regions and 59 aging services providers.

PRIORITIES

THE ELDERCARE TRUST FUND
The General Assembly has established a check-off for Eldercare on state income tax forms. One-fourth of the contributions remain in trust and the remainder is used to administer the program and fund innovative community projects to help older South Carolinians retain their independence.

THE PARTNERSHIP FOR OLDER SOUTH CAROLINIANS
The Partnership is a joint venture between the Division on Aging and the United Way of South Carolina to develop collaborative community efforts to meet the needs of older persons and help them retain their independence.

I-CARE PROJECT
I-CARE (Insurance Counseling Assistance and Referral for Elders) is a volunteer insurance counseling and assistance program for senior citizens sponsored by the Division on Aging and the S.C. Department of Insurance. The program is funded through a federal grant.

PROJECT COPE
Project COPE is a federally funded project to assist victims of Alzheimer's disease and their families. Services are being initiated in three regions, but will expand to state-wide coverage.

SC CAREGIVERS SURVEY
A state-wide survey of a sample of over 300 caregivers was completed and a report of findings has been published. The data are being used to support the need for programs to assist caregivers.

MANAGEMENT INFORMATION SYSTEM (MIS)
The Division on Aging and the University of South Carolina have developed a system to transmit data from the Client Information System in local agencies by phone line to the Division. This provides unduplicated client counts and units of service provided, and provides the necessary data needed to participate in the S.C. Legislative Masterfield System. The Division has also completed the installation of a Novell based local Area Network linking internal state staff and the Area Agencies on Aging.

STATE PLAN ON AGING
A new four-year State Plan on Aging was developed and approved by the Governor and the Administration on Aging.

TOTAL QUALITY MANAGEMENT
The Division has implemented TQM as its management philosophy. Staff have received formal and in-service training, and all staff participate in TQM Teams.

Mrs. Ruth Q. Seigler, R.N., M.N. - Division Director
Governor's Office, Division on Aging
202 Arbor Lake Drive, Suite 301
Columbia, South Carolina 29223
Phone: (803) 737-7500
Fax: (803) 737-7501

XI. APPENDIX A: ACT 402 to Create a Permanent Committee
(R420, H.3247)(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:

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.

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 Representative by the Speaker and three member 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 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.

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

Approved the 14th day of February, 1978.

XI. APPENDIX B: COUNTY COUNCILS ON AGING 1994
County     Organization     Telephone
Abbeville     Piedmont Agency on Aging     223-0164
Aiken     Aiken Council on Aging     648-5447
Allendale     Allendale Council on Aging     584-4350
Anderson     Anderson/Oconee Council on Aging     225-3370
Bamberg     Bamberg Co. Office on Aging     245-3021
Barnwell     Barnwell Co. Office on Aging     541-1249
Beaufort     Beaufort Council on Aging     524-1787
Berkeley     Berkeley County Senior Citizens     761-6900
Calhoun     Calhoun Co. Agency for Senior Citizen     874-1270
Charleston     Charleston Area Senior Citizens     722-4127

American Red Cross - Low Country     566-9965

South Santee Comm. Center     546-2789
Cherokee     Cherokee Co. Services to the Aging     489-3868
Chester     Senior Services Inc. of Chester Co.     385-3838
Chesterfield     Chesterfield Council on Aging     623-2280
Clarendon     Clarendon Council on Aging     435-8593
Colleton     Colleton Council on Aging     549-7642
Darlington     Darlington Council on Aging     393-8521
Dillon     Dillon Council on Aging     774-0055
Dorchester     Dorchester Council on Aging     871-5053
Edgefield     Edgefield Senior Citizens Council     637-5326
Fairfield     Fairfield Council on Aging     635-3015
Florence     Florence Council on Aging     669-6761
Georgetown     Georgetown Council on Aging     546-8539
Greenville     Greenville Senior Action Inc.     467-3660
Greenwood     Piedmont Agency on Aging     223-0164
Hampton     Hampton Council on Aging     943-5262
Horry     Horry Council on Aging     248-9818
Jasper     Jasper Council on Aging     726-5601
Kershaw     Kershaw Council on Aging     432-8173
Lancaster     Lancaster Council on Aging     285-6956
Laurens     Laurens Service Council for Seniors     984-4572
Lee     Lee Council on Aging     484-6212
Lexington     Lexington Co. Recreation Commission     359-4048

Columbia/Irmo Rec. Commission     731-0047
Marion     Marion Co. Council on Aging     423-4391
Marlboro     Marlboro Council on Aging     479-9951
McCormick     McCormick Council on Aging     465-2626
Newberry     Newberry Council on Aging     276-8266
Oconee     Anderson/Oconee Council on Aging     882-1673
Orangeburg     Orangeburg Council on Aging     531-4663
Pickens     Pickens Co. Seniors Unlimited     843-2275
Richland     Council on Aging of the Midlands     252-7734
Saluda     Saluda Council on Aging     445-2175
Spartanburg     Spartanburg Council on Aging     596-3910
Sumter     Santee Senior Services     773-5508
Union     Union Council on Aging     429-1682
Williamsburg     Santee Senior Services     773-5508
York     York Council on Aging     327-6694

XI. APPENDIX C: AREA AGENCIES ON AGING 1994

NAME/DIRECTOR/
REGION     COUNTIES SERVED     NUMBER
I     SC Appalachian Council of Govn'ts     242-9733
Appalachia     Dr. Michael Stogner, Aging Unit Director

Anderson, Cherokee, Greenville,

Oconee, Pickens, Spartanburg

II     Upper Savannah Council of Govn'ts     229-6627
Upper     Ms. Sandra Johnson, Aging Unit Director     1-800
Savannah         Abbeville, Edgefield, Greenwood     922-7729

Laurens, McCormick, Saluda

III     Catawba Area Agency on Aging     329-9670
Catawba     Ms. Sherron Marshall, Aging Unit Director     1-800

Chester, Lancaster, York, Union     772-4011
IV     Central Midlands Reg. Planning Council     771-0887
Central     Ms. Sherri Burriss, Human Services Manager
Midlands         Fairfield, Lexington, Newberry, Richland

V     Lower Savannah Council of Govn'ts     649-7981
Lower     Linda Holmes, Aging Unit Director
Savannah         Aiken, Allendale, Bamberg, Barnwell,

Calhoun, Orangeburg

VI     Santee-Lynches Regional Council     775-7383
Santee     on Govn'ts
Lynches         Ms. Connie D. Munn, Aging Unit Director

Clarendon, Kershaw, Lee, Sumter

VII     Pee Dee Community Health Services     378-4501
Pee Dee     Ms. Ann Morgan, Aging Unit Director

Chesterfield, Darlington, Dillon,

Florence, Marion, Marlboro

VIII     Waccamaw Area Agency on Aging     349-2130
Waccamaw     Ms. Barbara Blain, Aging Unit Director

Georgetown, Horry Williamsburg

IX     ElderLink, Incorporated     745-1710
Trident     Mr. James D. Dubs, Executive Director

Berkeley, Charleston, Dorchester

X     Lowcountry Council of Governments     726-5536
Lowcountry     Ms. Yolanda Abram, Aging Unit Director

Beaufort, Colleton, Hampton, Jasper

XI. APPENDIX D: COUNTY/MUNICIPAL HOMESTEAD TAX

EXEMPTION REIMBURSEMENTS TAX YEAR 1992*

COUNTY     NUMBER     AMOUNT
________________________________________________________________________________________
Abbeville     3,230     407,049.19
Aiken     11,315     1,293,112.22
Allendale     1,350     192,887.81
Anderson     15,709     1,898,998.37
Bamberg     1,877     245,749.41
Barnwell     2,213     235,484.02
Beaufort     8,326     861,267.90
Berkeley     5,396     610,145.38
Calhoun     1,247     152,635.60
Charleston     22,537     3,329,645.02
Cherokee     4,668     558,377.49
Chester     3,745     629,094.71
Chesterfield     3,921     371,733.85
Clarendon     2,550     361,879.40
Colleton     3,384     463,093.64
Darlington     6,120     675,254.32
Dillon     2,476     254,298.15
Dorchester     4,545     571,798.24
Edgefield     1,721     276,962.22
Fairfield     1,993     291,964.55
Florence     9,908     951,400.61
Georgetown     4,816     624,886.16
Greenville     26,530     3,743,318.72
Greenwood     6,975     885,107.53
Hampton     2,340     363,265.30
Horry     14,140     1,497,700.16
Jasper     1,307     211,644.86
Kershaw     4,220     550,240.42
Lancaster     4,927     744,819.81
Laurens     5,866     633,672.18
Lee     1,781     257,356.03
Lexington     12,425     1,930,155.70
McCormick     787     104,716.31
Marion     3,319     444,735.76
Marlboro     3,280     312,653.78
Newberry     4,785     589,051.13
Oconee     5,851     536,952.20
Orangeburg     7,562     1,052,389.63
Pickens     9,769     1,030,752.50
Richland     19,906     2,812,514.22
Saluda     1,771     226,517.70
Spartanburg     21,561     3,543,915.30
Sumter     6,981     901,634.67
Union     4,054     514,282.59
Williamsburg     2,786     413,811.76
York     11,081     1,294,489.52
________________________________________________________________________________________
STATE TOTALS     307,051     $39,853,398.04
* Unduplicated count $221,309 persons

XI. APPENDIX E: POPULATION AND % OF PERSONS AGE 65
AND OVER FOR SOUTH CAROLINA COUNTIES, 1990

TOTAL ALL     65 YRS.+     65 YRS. +
COUNTY     PERSONS     TOTAL     PERCENTAGE

Abbeville     23,862     3,520     14.8%
Aiken     120,940     13,796     11.4
Allendale     11,722     1,486     12.7
Anderson     145,196     19,732     13.6
Bamberg     16,902     2,165     12.8
Barnwell     20,293     2,489     12.3
Beaufort     86,425     10,664     12.3
Berkeley     128,776     7,453     5.8
Calhoun     12,753     1,768     13.9
Charleston     295,039     29,881     10.1
Cherokee     44,506     5,778     13.0
Chester     32,170     4,293     13.3
Chesterfield     38,577     4,921     12.8
Clarendon     28,450     3,787     13.3
Colleton     34,377     4,394     12.8
Darlington     61,851     7,417     12.0
Dillon     29,114     3,565     12.2
Dorchester     83,060     6,136     7.4
Edgefield     18,375     2,250     12.2
Fairfield     22,295     3,041     13.6
Florence     114,344     12,723     11.1
Georgetown     46,302     5,954     12.9
Greenville     320,167     38,063     11.9
Greenwood     59,567     8,224     13.8
Hampton     18,191     2,249     12.4
Horry     144,053     18,229     12.7
Jasper     15,487     1,949     12.6
Kershaw     43,599     5,292     12.1
Lancaster     54,516     6,709     12.3
Laurens     58,092     7,805     13.4
Lee     18,437     2,269     12.3
Lexington     167,611     14,897     8.9
McCormick     8,868     1,162     13.1
Marion     33,899     4,240     12.5
Marlboro     29,361     3,753     12.8
Newberry     33,172     5,123     15.4
Oconee     57,494     7,905     13.7
Orangeburg     84,803     10,547     12.4
Pickens     93,894     10,484     11.2
Richland     285,720     27,133     9.5
Saluda     16,357     2,350     14.4
Spartanburg     226,800     28,785     12.7
Sumter     102,637     9,621     9.4
Union     30,337     4,494     14.8
Williamsburg     36,815     4,438     12.1
York     131,497     14,001     10.6
__________________________________________________________________________________________TOTAL     3,486,703     396,935     11.4%

XI. APPENDIX F: GENERAL ELECTION VOTER ACTIVITY BY AGE WITHIN COUNTY FOR SOUTH CAROLINA 1992

TOTAL     TOTAL     %
COUNTY     REGISTERED     VOTED     VOTED

Abbeville     2,443     1,885     77.15
Aiken     10,132     8,404     82.94
Allendale     1,045     818     78.27
Anderson     11,842     9,845     83.13
Bamberg     1,644     1,257     76.45
Barnwell     1,892     1,563     82.61
Beaufort     10,143     8,514     83.93
Berkeley     5,789     4,806     83.01
Calhoun     1,276     1,074     84.16
Charleston     22,796     18,688     81.89
Cherokee     3,838     3,101     80.79
Chester     2,899     2,234     77.06
Chesterfield     2,987     2,368     79.27
Clarendon     2,890     2,343     81.07
Colleton     3,072     2,507     81.60
Darlington     4,830     3,964     82.07
Dillon     2,353     1,807     76.79
Dorchester     4,958     3,927     79.20
Edgefield     1,702     1,423     83.60
Fairfield     1,942     1,577     81.20
Florence     8,433     6,815     80.81
Georgetown     4,765     3,882     81.46
Greenville     24,464     20,764     84.87
Greenwood     5,096     4,194     82.29
Hampton     1,786     1,470     82.30
Horry     15,064     12,551     83.31
Jasper     1,473     1,176     79.83
Kershaw     3,934     3,411     86.70
Lancaster     4,148     3,682     83.34
Laurens     4,830     3,927     81.30
Lee     1,786     1,471     82.36
Lexington     11,190     9,544     85.29
McCormick     894     723     86.87
Marion     2,948     2,187     74.18
Marlboro     2,462     1,795     72.90
Newberry     3,709     3,038     81.90
Oconee     5,417     4,582     84.58
Orangeburg     8,207     6,789     82.72
Pickens     6,298     5,240     83.20
Richland     19,692     16,659     84.59
Saluda     1,656     1,364     82.36
Spartanburg     16,967     14,020     82.63
Sumter     6,493     5,231     80.56
Union     3,258     2,630     80.72
Williamsburg     3,542     2,912     82.21
York     9,257     7,861     84.91
________________________________________________________________________________________
TOTALS     278,512     230,003     82.58%

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

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 1336 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 24-13-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS AND DEFINITIONS UNDER THE "HOME DETENTION ACT", SO AS TO MAKE CHANGES TO THE DEFINITIONS OF "COURT" AND "PARTICIPANT"; TO AMEND SECTION 24-13-1530, RELATING TO PRISONERS AND CORRECTIONAL PROGRAMS FOR WHICH HOME DETENTION MAY BE SUBSTITUTED, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT LOCAL GOVERNMENTS MAY ESTABLISH BY ORDINANCE A CERTAIN ALTERNATIVE TO INCARCERATION FOR PERSONS WHO ARE AWAITING TRIAL AND FOR OFFENDERS WHOSE SENTENCES DO NOT PLACE THEM IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-13-1560, RELATING TO THE USE OF AN ELECTRONIC MONITORING DEVICE UNDER THE "HOME DETENTION ACT", SO AS TO PROVIDE THAT THE PARTICIPANT'S USE OF SUCH A DEVICE IS CONDITIONED UPON BEING INSTRUCTED TO USE THE DEVICE; AND TO AMEND SECTION 24-13-1590, AS AMENDED, RELATING TO THE PROVISION THAT THE "HOME DETENTION ACT" IS NOT APPLICABLE TO CONTROLLED SUBSTANCES OFFENDERS AND TO THE PROVISION THAT PROBATION AND PAROLE AUTHORITY IS NOT DIMINISHED BY ANY OF THE PROVISIONS OF THE "HOME DETENTION ACT", SO AS TO DEFINE FURTHER AND LIMIT THE TYPE OF CONTROLLED SUBSTANCES OFFENDER TO WHOM THE "HOME DETENTION ACT" DOES NOT APPLY.

RETURNED TO THE SENATE WITH AMENDMENT

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

S. 1345 -- Senator Saleeby: A BILL TO AMEND SECTION 4-9-39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF ASSETS OF FORMER LIBRARIES, SO AS TO DELETE THE PROVISION REQUIRING SUCH TRANSFERRED ASSETS AND PROPERTY TO BE USED EXCLUSIVELY FOR LIBRARY PURPOSES.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 4378 -- Reps. Scott, Rudnick and Corning: A BILL TO PROVIDE THAT, FOR PURPOSES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE, IN AN ACCIDENT OR COLLISION WHERE THE PROPERTY DAMAGE IS SEVEN HUNDRED FIFTY DOLLARS OR MORE, A NONTICKETED VIOLATION IS NOT SUBJECT TO A RECOUPMENT CHARGE.

ADJOURNMENT

At 10:20 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, May 24.

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