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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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;


Printed Page 7191 . . . . . Friday, May 20, 1994

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


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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.


Printed Page 7193 . . . . . Friday, May 20, 1994


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


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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


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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


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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


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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.


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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: H. 4818 - 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


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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


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