South Carolina Legislature


 

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S 96
Session 116 (2005-2006) 

S 0096 General Bill, By Courson, Elliott, Verdin and Ford
 A BILL TO AMEND SECTION 43-21-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE DIVISION ON AGING IN THE GOVERNOR'S OFFICE, SO AS TO
 PLACE THIS DIVISION IN THE OFFICE OF THE LIEUTENANT GOVERNOR AND TO PROVIDE
 FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND SECTIONS 43-21-20, 43-21-45,
 43-21-60, 43-21-70, AND 43-21-100, ALL AS AMENDED, SECTION 43-21-110, AND
 43-21-150, AS AMENDED, ALL RELATING TO THE DIVISION ON AGING AND THE ADVISORY
 COUNCIL, SO AS TO MAKE TECHNICAL CORRECTIONS TO CONFORM PROVISIONS TO
 AMENDMENTS SET FORTH IN THIS ACT; AND TO REPEAL SECTIONS 43-21-120, 43-21-130,
 AND 43-21-140, RELATING, RESPECTIVELY, TO THE COORDINATING COUNCIL AND THE
 LONG TERM CARE COUNCIL AND ITS DUTIES.

   12/15/04  Senate Prefiled
   12/15/04  Senate Referred to Committee on General
   01/11/05  Senate Introduced and read first time SJ-131
   01/11/05  Senate Referred to Committee on General SJ-131
   02/09/05  Senate Committee report: Favorable General SJ-19
   02/10/05         Scrivener's error corrected
   02/17/05  Senate Committed to Committee on Judiciary SJ-12



VERSIONS OF THIS BILL

12/15/2004
2/9/2005
2/10/2005



S. 96

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

February 9, 2005

S. 96

Introduced by Senators Courson, Elliott, Verdin and Ford

S. Printed 2/9/05--S.    [SEC 2/10/05 3:10 PM]

Read the first time January 11, 2005.

            

THE GENERAL COMMITTEE

To whom was referred a Bill (S. 96) to amend Section 43-21-10, as amended, Code of Laws of South Carolina, 1976, relating to the Division on Aging in the Governor's Office, so as to place, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

WILLIAM MESCHER for Committee.

            

A BILL

TO AMEND SECTION 43-21-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION ON AGING IN THE GOVERNOR'S OFFICE, SO AS TO PLACE THIS DIVISION IN THE OFFICE OF THE LIEUTENANT GOVERNOR AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND SECTIONS 43-21-20, 43-21-45, 43-21-60, 43-21-70, AND 43-21-100, ALL AS AMENDED, SECTION 43-21-110, AND 43-21-150, AS AMENDED, ALL RELATING TO THE DIVISION ON AGING AND THE ADVISORY COUNCIL, SO AS TO MAKE TECHNICAL CORRECTIONS TO CONFORM PROVISIONS TO AMENDMENTS SET FORTH IN THIS ACT; AND TO REPEAL SECTIONS 43-21-120, 43-21-130, AND 43-21-140, RELATING, RESPECTIVELY, TO THE COORDINATING COUNCIL AND THE LONG TERM CARE COUNCIL AND ITS DUTIES.

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

SECTION    1.    Section 43-21-10 of the 1976 Code, as last amended by Act 30 of 1995, is further amended to read:

"Section 43-21-10.    (A)    There is created in the Office of the Lieutenant Governor, the Division on Aging. The division must be supported by an the Advisory Council Committee on Aging consisting of:

(1)    the Lieutenant Governor or his designee;

(2)    one member from each of the ten planning and service areas under the Division on Aging and;

(3)    one representative of each of the following groups appointed by the Lieutenant Governor annually:

(a)    long term care providers;

(b)    long term care consumers;

(c)    persons in the insurance industry developing or marketing a long-term care product;

(4)    five members from the State at large.

The director of the division shall provide statewide notice that nominations may be submitted to the director from which the Lieutenant Governor shall appoint the members of the council committee, upon the advice and consent of the Senate. The members must be citizens of the State who have an interest in and a knowledge of the problems of an aging population. In making appointments to the council committee, consideration must be given to assure that the council is composed of appointees who are diverse in age, who are able and disabled, and who are active leaders in organizations and institutions that represent different concerns of older citizens and their families. The chair must be elected by the members of the advisory council committee from its members for a term of two years and until a successor is elected. Members of the council committee shall serve without compensation but shall receive mileage and subsistence authorized by law for members of boards, commissions, and committees. The advisory council committee shall meet at least once each quarter and special meetings may be called at the discretion of the director of the division. Rules and procedures must be adopted by the council committee for the governance of its operations and activities.

(B)    The Advisory Committee on Aging shall identify future policy issues in aging and long-term care and may conduct research and demonstration activities related to these issues."

SECTION    2.    Section 43-21-20 of the 1976 Code, as last amended by Act 30 of 1995, is further amended to read:

"Section 43-21-20.    (A)    The members of the advisory council committee shall serve for terms of four years and until their successors are appointed and qualify. The terms of the members expire on June thirtieth and all vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. No A member may not serve more than two consecutive terms.

(B)    The Lieutenant Governor may terminate a member of the council for any reason pursuant to the provisions of Section 1-3-240, and the reason for the termination must be communicated to each member of the council committee."

SECTION    3.    Section 43-21-45 of the 1976 Code, as amended by Act 336 of 1994, is further amended to read:

"Section 43-21-45.    The Lieutenant Governor's Office, Division on Aging, shall designate area agencies on aging and area agencies on aging shall designate focal points. Focal points shall provide leadership on aging issues in their respective communities and shall carry out a comprehensive service system for older adults or shall coordinate with a comprehensive service system in providing services for older adults. The area agencies on aging represent the regional level of the state aging network and the focal points represent the local level of the state aging network."

SECTION    4.    Section 43-21-60 of the 1976 Code, as last amended by Section 1020 of Act 181 of 1993, is further amended to read:

"Section 43-21-60.    The division, through the Lieutenant Governor, shall submit an annual report to the Governor and to the General Assembly on or before January first of each year. The report shall deal with the present and future needs of the elderly and with the work of the division during the year."

SECTION    5.    Section 43-21-70 of the 1976 Code, as last amended by Section 1021 of Act 181 of 1993, is further amended to read:

"Section 43-21-70.    The Lieutenant Governor may employ a director to be the administrative officer of the division who shall serve at his pleasure and who is subject to removal pursuant to the provisions of Section 1-3-240."

SECTION    6.    Section 43-21-100 of the 1976 Code, as last amended by Section 1023 of Act 181 of 1993, is further amended to read:

"Section 43-21-100.    The division shall prepare the annual budget for its operation which must be submitted to the Lieutenant Governor and to the General Assembly for approval."

SECTION    7.    Section 43-21-110 of the 1976 Code is amended to read:

"Section 43-21-110.    The General Assembly shall provide an annual appropriation to carry out the work of the Commission Division on Aging in the Office of the Lieutenant Governor."

SECTION    8.    Section 43-21-150 of the 1976 Code, as last amended by Section 1026 of Act 181 of 1993, is further amended to read:

"Section 43-21-150.    The Division on Aging, with the cooperation assistance of the Long Term Care Council Advisory Committee and the Department of Insurance, shall develop and implement a program to educate citizens concerning:

(a)    the availability of long term care services;

(b)    the lifetime risk of spending some time in a nursing home;

(c)    the coverage available for long term care services through Medicare, Medicaid, and private insurance policies, and the limitations of this coverage; and

(d)    the availability of home equity conversion alternatives, such as reverse annuity mortgages and sale-leaseback arrangements, in this State and the risks and benefits of these alternatives.

This program must be made a part of the Preretirement Education Program of the South Carolina Retirement Systems."

SECTION    9.    Sections 43-21-120, 43-21-130, and 43-21-140 of the 1976 Code are repealed.

SECTION    10.    This act takes effect upon approval by the Governor.

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