Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

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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


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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


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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


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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


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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.


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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


Printed Page 7206 . . . . . Friday, May 20, 1994

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


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* 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


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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.


Printed Page 7209 . . . . . Friday, May 20, 1994

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


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