Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 3687, May 18 | Printed Page 3700, May 19 |

Printed Page 3690 . . . . . Thursday, May 18, 1995

STATEWIDE APPOINTMENT

Initial Appointment, State Ethics Commission, with term to commence June 30, 1993, and to expire June 30, 1996:

At-Large:

Mr. Richard Vance Davis, 117 Hialeah Road, Greenville, S.C. 29607 VICE John S. Simmons (resigned)

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

APPOINTMENT CONFIRMED

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 13, 1995
Dear Mr. Speaker and Members of the House:

I am transmitting herewith an appointment for confirmation. This appointment is made with the advice and consent of the General Assembly, and is therefore submitted for your consideration.

Respectfully,
David M. Beasley

STATEWIDE APPOINTMENT

Initial Appointment, State Ethics Commission, with term to commence June 30, 1995, and to expire June 30, 2000:

At-Large:

Mr. Frank B. Washington, 2225 Lorick Avenue, Columbia, S.C. 29203 VICE Adriene B. Wright

The appointment was confirmed and a message was ordered sent to the Senate accordingly.


Printed Page 3691 . . . . . Thursday, May 18, 1995

APPOINTMENT CONFIRMED

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

December 15, 1994
Dear Mr. Speaker and Members of the House:

I am transmitting herewith an appointment for confirmation. This appointment is made with the advice and consent of the General Assembly, and is therefore submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.
Governor

STATEWIDE APPOINTMENT

Initial Appointment, State Ethics Commission, with term to commence June 1, 1991, and to expire May 31, 1995:

4th Congressional District:

Mr. Raymond B. Smith, 466 Pimlico Road, Greenville, S.C. 29607 VICE William A. Coates (resigned)

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

APPOINTMENT CONFIRMED

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

February 21, 1995
Dear Mr. Speaker and Members of the House:

I am transmitting herewith an appointment for confirmation. This appointment is made with the advice and consent of the General Assembly, and is therefore submitted for your consideration.

Respectfully,
David M. Beasley
Governor


Printed Page 3692 . . . . . Thursday, May 18, 1995

STATEWIDE APPOINTMENT

Reappointment, State Ethics Commission, with term to commence May 31, 1995, and to expire May 31, 2000:

4th Congressional District:

Mr. Raymond B. Smith, 466 Pimlico Road, Greenville, S.C. 29607

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

Rep. J. BROWN moved that the House do now adjourn, which was adopted.

ADJOURNMENT

At 12:55 P.M. the House in accordance with the motion of Rep. J. BROWN adjourned to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 3693 . . . . . Friday, May 19, 1995

Friday, May 19, 1995

(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:

Almighty God, infinite, eternal and unchanging, we confess that without You our human strength and wisdom are insufficient for the urgent needs committed to us. Be, then, constantly with us to guide us in actions great and small, that serving You with our whole effort, all around will be a better place because we have lived and worked in it today. Fill our needs in abundance of Your wisdom. Beyond the shadows of the days in which we live, show us the shining glory of the things You would have us to do. And to You shall be all praise and thanksgiving. Amen.

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

MOTION ADOPTED

Rep. SHISSIAS moved that when the House adjourns, it adjourn in memory of Richard W. Wildman of Columbia, which was agreed to.

REPORT RECEIVED

JOINT LEGISLATIVE COMMITTEE ON AGING

MEMORANDUM

TO: Members of the House
FROM: Rep. Patrick B. Harris
DATE: May 16, 1995
RE: Annual Report

I am pleased to present to the House of Representatives herewith the 26th Annual Report of the Joint Legislative Committee on Aging as mandated by statue.

Thank you.


Printed Page 3694 . . . . . Friday, May 19, 1995

26TH ANNUAL REPORT

JOINT LEGISLATIVE COMMITTEE ON AGING

TO THE GENERAL ASSEMBLY

May 1995

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-sixth 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


Printed Page 3695 . . . . . Friday, May 19, 1995

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 of the House, 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 21, 1994. Testimony was received from 31 persons representing individual interests, state agencies, organizations and service delivery groups. Over 100 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 30, 1994, to review the public hearing testimony, to receive reports, to discuss proposed legislation and to determine the 1995 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 1995:

ADVISORY COUNCIL, DIVISION ON AGING, OFFICE OF THE GOVERNOR (H.3190/R51, Act No. A30, S.350) Effective Date: April 10, 1995
This Act changes the Division on Aging, Office of the Governor's Advisory Commission to the Advisory Council and revises its composition to have one member from each of the ten (10) planning and service areas under the Division on Aging and five (5) from the state at large appointed by the Governor, with the advice and consent of the Senate


Printed Page 3696 . . . . . Friday, May 19, 1995

ALZHEIMER'S DISEASE - SPECIAL CARE UNITS STUDY
(H.3212, S.329/R23, Act No. ) Effective Date: April 4, 1995
This Act directs the Department of Health and Environmental Control to study if there is a need for specific licensing criteria for facilities which provide care units and other specialized programs for individuals with Alzheimer's Disease and Related Disorders. Findings to be reported to the Joint Legislative Committee on Aging before January 1, 1996

CONTINUING CARE RETIREMENT COMMUNITIES ACT AMENDMENTS (H.3191/R31, Act No. A19, S.347) Effective Date: April 4, 1995
This Act requires 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; to exempt from certain licensing requirements CCRCs which do not require entrance fees.

ELDERCARE TRUST FUND MONIES
(H.3189, S.351/R4, Act No. A10) Effective Date: March 7, 1995
This Act makes all assets of the Eldercare Trust Fund up to $200,000 available for disbursement after allowances for operating expenses rather than only 75% and to deposit funds in excess of $200,000 in a separate account until $5M accrues; provides that any assets held in the fund under the former provisions must be released and disbursed.

WHITE HOUSE CONFERENCE ON AGING
(H.3206/R12, Act No. , S.330) Effective Date: March 7, 1995
This Joint Resolution directs the Division on Aging, Office of the Governor, to provide information and recommendations to the General Assembly from the 1995 White House Conference on Aging and the 1995 State Conference on Aging for the members' use in developing aging policy and legislation.

PENDING 1995:

ALZHEIMER'S DISEASE-STATE HEALTH PLAN (H.3192, S.346) A bill to require the State Health Plan to address and include projections and standards for specified health services and equipment which have a
Printed Page 3697 . . . . . Friday, May 19, 1995

potential to substantially impact health care cost and accessibility including, but not limited to, the care and treatment of patients with Alzheimer's disease and related disorders.
STATUS: H.3192 Referred to House Medical, Military, Public and Municipal Affairs Cmte., Adjourn debate in sbcmte.; S.346 Referred to Senate Medical Affairs Cmte.

ALZHEIMER'S DISEASE REGISTRY (H.3929, S.703)
A bill to amend change the name to Alzheimer's Disease Registry, change the membership of the advisory committee to be the same as the Alzheimer's Resource Coordination Center Advisory Council and list duties, require an annual report, provide link with the Budget and Control Board Office of Research and Statistics.
STATUS: H.3929 Referred to House Medical, Military, Public and Municipal Affairs Cmte., Adjourn debate in sbcmte.; S.703 PASSED SENATE, Favorable from House Medical, Military, Public and Municipal Affairs

CONTINUING CARE RETIREMENT COMMUNITIES HOME HEALTH SERVICES (H.3269, S.390)
A bill to exempt from Certificate of Need requirements Home Health Services provided by a CCRC to their residents.
STATUS: H.3269 PASSED HOUSE with amendments, referred to Senate Medical Affairs; S.390 Referred to Senate Medical Affairs

ADULT DAY CARE CREDITS FOR EMPLOYERS (H.3193, S.345)
A bill to require income tax credits be given to employers who provide adult care programs.

STATUS: H.3193 Referred to House Ways and Means;

S.345 Senate Finance Cmte.

HOMESTEAD EXEMPTION - FAIR MARKET VALUE (H.3188, S.352)
A bill to exempt from residential property tax that amount of fair market value qualifying for the homestead exemption which represents increases in the fair market value of the property occurring after the property first qualifies for the homestead exemption.


Printed Page 3698 . . . . . Friday, May 19, 1995

STATUS: H.3188 Referred to House Ways and Means Cmte.; S.352 Referred to Senate Finance Cmte.

HOMESTEAD EXEMPTION - CONSUMER PRICE INDEX (H.3187, S.353)
A bill to require the homestead exemption amount be adjusted annually to offset increases in the consumer price index and to prescribe the procedure for making the adjustment.
STATUS: H.3187 Referred to House Ways and Means; S.353 Referred to Senate Finance Cmte.

MANUFACTURED HOME PARK TENANCY ACT AMENDMENTS (H.3186, S.348)
A bill relating to grounds for eviction from a manufactured home park, so as to make technical corrections and to delete as grounds for eviction by the park owner taking of the park by eminent domain.
STATUS: H.3186 Referred to House Labor, Commerce and Industry Cmte., Referred to subcommittee - Real Estate; S.348 Referred to Senate Labor, Commerce and Industry subcommittee -Property & Development, amendments pending, carried over.

OMNIBUS ADULT PROTECTION ACT AMENDMENTS (H.3185, S.354)
A bill to provide that no vulnerable adult may be considered abused or neglected for the sole reason that the vulnerable adult is being furnished nonmedical remedial treatment by spiritual means.
STATUS: H.3185 PASSED HOUSE, PASSED SENATE with amendments.

IV. SELECTED LEGISLATION RELATING TO AGING

ENACTED 1995:

1995 OUTSTANDING OLDER SOUTH CAROLINIAN (H. , S. ) Effective Date: May 18, 1995
House and Senate Resolutions to recognize Dr. Allen Edwards of Rock Hill, York County upon receiving the 1995 Outstanding Older South Carolinian Award presented by the Office of the Governor, Division on Aging.


Printed Page 3699 . . . . . Friday, May 19, 1995

ABSENTEE BALLOT (H.3033/Enrolled for Ratification, Act No. ) Effective Date: Upon approval by the Governor
A bill to lower the age of persons qualified to vote by absentee ballot from seventy-two to sixty-five years of age.

FEES IN ESTATE/CONSERVATORSHIP PROCEEDING (S.356/R24, Act No. A15) Effective Date: April 4, 1995,
Section 1 to apply retroactively to August 15, 1994.
A bill to specify that fees in estate and conservatorship proceedings must be based upon the gross value of the personal property of the probate estate; to provide for a retroactive refund to taxpayers for the difference between the current fees paid through August 15, 1994 and the reduced fees.

VOLUNTEERS FOR MEALS ON WHEELS - LEXINGTON COUNTY (H.3722)
A concurrent resolution to recognize and commend the Meals on Wheels volunteers of the Lexington County Recreation and Aging Commission for the many tireless hours devoted to serving meals to the elderly and disabled residents of Lexington County.

OTHER LEGISLATION PENDING 1995:

ATTENDANCE OF MEETINGS (H.3026)
A bill to provide that a member of a State Board, Council, Commission, or Committee who has three consecutive unexcused absences from meetings is considered removed from office and a vacancy is created.
STATUS: PASSED HOUSE PASSED SENATE w/amendments returned to House for concurrence

BIRD SANCTUARIES (H.3526)
A bill to include Rolling Green Retirement Community in Greenville County as a Bird Sanctuary.
STATUS: PASSED HOUSE Referred to Senate Fish, Game and Forestry Cmte.

BOARD OF PODIATRY (H.3307)
A bill to revise the procedures for nominating members and removal from office; to require the board offer examinations to practice podiatric


Printed Page 3700 . . . . . Friday, May 19, 1995

medicine twice annually; to allow reciprocal licensing without taking an examination; to authorize the board to require mental or physical examinations, access records and use then in proceedings and to provide penalties for refusal to consent to these examinations and access to records.
STATUS: PASSED HOUSE Referred to Senate Medical Affairs


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