Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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Printed Page 4230 . . . . . Thursday, May 23, 1996

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 23, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has reconsidered the report of the Committee of Free Conference and the granting of Free Conference Powers:
H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
Very respectfully,
President

Received as information.

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


Printed Page 4231 . . . . . Thursday, May 23, 1996

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5060 -- Reps. Spearman and Waldrop: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING MR. BERNARD L. BLACK OF SALUDA COUNTY FOR HIS DEDICATED, OUTSTANDING SERVICE AS DEPARTMENT ADJUTANT OF THE AMERICAN LEGION, DEPARTMENT OF SOUTH CAROLINA, FROM 1986 TO 1996.

H. 5061 -- Reps. Tripp and Wilkins: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO DR. WALTER HANDFORD OF GREENVILLE ON HIS THIRTY-ONE YEARS OF DEDICATED AND PRODUCTIVE SERVICE TO SOUTHSIDE BAPTIST CHURCH AND TO EXTEND BEST WISHES UPON HIS RETIREMENT.

H. 5063 -- Reps. Rogers, J. Brown, Byrd, Cotty, Cromer, Harrison, Howard, Neal, Quinn, Scott, Shissias, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, T. Brown, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE THE UNIVERSITY OF SOUTH CAROLINA ALUMNI ASSOCIATION FOR 150 YEARS OF SERVICE TO THE STATE OF SOUTH CAROLINA AND TO ALUMNI FRIENDS, FACULTY, STAFF, AND STUDENTS OF THE UNIVERSITY OF SOUTH CAROLINA.


Printed Page 4232 . . . . . Thursday, May 23, 1996

H. 5064 -- Reps. McAbee, Carnell and Koon: A CONCURRENT RESOLUTION COMMENDING CAROLYN W. REESE OF LEXINGTON COUNTY ON HER TWENTY-FIVE YEARS OF SERVICE WITH THE STATE LAW ENFORCEMENT DIVISION AND WISHING HER THE VERY BEST ON THE OCCASION OF HER RETIREMENT.

H. 5065 -- Reps. Davenport, Lanford, Walker, Lee, Littlejohn, Allison, Wilder, Wells, D. Smith and Vaughn: A CONCURRENT RESOLUTION CONGRATULATING MISS KATHRYN REESE OF SPARTANBURG FOR ACHIEVING, THROUGH DEDICATION AND HARD WORK, THE ACADEMIC HONOR OF BEING A 1996 MAGNA CUM LAUDE GRADUATE OF THE UNIVERSITY OF SOUTH CAROLINA, AND COMMENDING HER ON HER MANY ACCOMPLISHMENTS AND FOR BEING AN EXCELLENT ROLE MODEL FOR THE CHILDREN OF OUR STATE.

H. 5066 -- Reps. Rice and Robinson: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING KYLE THOMPSON, A STUDENT AT EASLEY HIGH SCHOOL, ON WINNING THE 1996 CLASS AAAA INDIVIDUAL STATE CHAMPIONSHIP IN GOLF.

ADJOURNMENT

At 6:15 P.M. the House in accordance with the motion of Rep. HODGES adjourned to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 4233 . . . . . Friday, May 24 1996

Friday, May 24, 1996

(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:

Our Father God, in the awareness of our limited knowledge and in confidence of Your wisdom, we turn in these moments of prayer to our Lord Whose dwelling place is beyond earth-born clouds. We lift our grateful hearts for the heritage that is ours, bought with toils and tears other than ours. We beseech You to give an abundant measure of understanding and charity to those who, in the name of and for our State's welfare, are entrusted in this Chamber with the power of legislation. When the seamless robe of humanity is rent by strife and discord, make of us ministers of reconciliation. Keep us in step with the drumbeat of Your truths which go marching on.

Bless us and use us this day and always. Amen.

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

REPORT RECEIVED

27TH ANNUAL REPORT

JOINT LEGISLATIVE COMMITTEE ON AGING

TO THE

GENERAL ASSEMBLY

May 1996

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-seventh 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


Printed Page 4234 . . . . . Friday, May 24 1996

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 J. Sprayberry, Research Assistant
212 Blatt Building, PO Box 11867
Columbia, South Carolina 29211
Telephone: (803) 734-2995 Fax: (803) 734-2925

TABLE OF CONTENTS

I. Brief History

II.Public Hearing and Committee Meetings

III.Legislation Introduced by the Committee

IV.Selected Legislation Related to Aging

V.Study Pending

VI.Activities

VII.Publications

VIII. Office of the Governor, Division on Aging

IX.Appendix:

A.Act 402 to Create Permanent Committee

B.County Councils on Aging 1996

C.Area Agencies on Aging 1996

D.County/Municipal Homestead Tax Exemption Reimbursements Tax Year 1994

E.SC Elderly Population (Age 65+) for 1980, 1990, Projected 2000

F.SC Election Statistics Voter Activity 65 and Over by County, 1994

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


Printed Page 4235 . . . . . Friday, May 24, 1996

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 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, the current chairman, was elected on November 29, 1984 and will serve until November 11, 1996. He is retiring from the House of Representatives and the Committee after twenty-seven years of continuous service.

II. PUBLIC HEARING AND COMMITTEE MEETINGS

The Annual Public Hearing of the Committee on Aging was held in Columbia on September 20, 1995. Testimony was received from 29 persons representing a national organization, individual interests, state agencies, non-profit 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 14, 1995, to review the public hearing testimony, to receive reports, to discuss proposed legislation and to determine the 1996 legislative priorities.

III. LEGISLATION INTRODUCED BY THE

COMMITTEE

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

ENACTED 1996:

ALZHEIMER'S DISEASE RESOURCE COORDINATION CENTER GRANT PROGRAM FUNDING (H.4361/R343, Act No. A305, S.998) Effective Date: July 1, 1996
A bill to direct the Alzheimer's Disease and Related Disorders Resource Coordination Center to develop a grant program to assist communities to give consideration to recommendations by the Center Advisory Council on priority needs and criteria for selecting grant recipients. $100,000 has


Printed Page 4236 . . . . . Friday, May 24, 1996

been appropriated by the General Assembly for Alzheimer's grant funding in FY 1996-97.
ALZHEIMER'S SPECIAL CARE DISCLOSURE ACT (H.4702, S. 1226/R369, Act No.) Effective Date: January 1, 1997
A Bill to enact the "Alzheimer's Special Care Disclosure Act" so as to require that licensed nursing homes, community residential care and adult day care facilities which offer Alzheimer's special care units/programs must provide to DHEC and the responsible party criteria for admission, transfer and discharge; care planning; staffing patterns, staff training; physical environment; resident and participant activities; family role in care; and unique costs to resident/participant associated with specialized service delivery.
CONSUMER OPTIONS FOR FINANCING OF LONG TERM CARE STUDY (S.980, H.4329/R340, Act No. ) Effective Date: May 7, 1996
A Joint Resolution to direct the Joint Legislative Committee on Aging in conjunction with the Center of Health Policy, Institute of Public Affairs, University of South Carolina, to evaluate and study options for consumer financing of long-term care and to submit a report to the General Assembly by January 1, 1997.

PENDING 1996:

INMIGRATION STUDY (H.4330, S.981)
A bill to direct the Joint Legislative Committee on Aging in conjunction with the Health Care Planning and Oversight Committee, the State Department of Health and Human Services, the Division on Aging, Office of the Governor, and the Department of Revenue and Taxation to study the effect of inmigration on health care costs and other aging network services and tax policies relative to inmigrants.

STATUS: H.4330 - Referred to House Ways and Means; S.981 - PASSED SENATE; Referred to House Medical, Military, Public and Municipal Affairs
CONTINUING CARE RETIREMENT COMMUNITIES HOME HEALTH SERVICES (H.3269, S.390)
A bill to allow CCRC's licensed by the Department of Consumer Affairs to provide home health services to their residents only.

STATUS: H.3269 - PASSED HOUSE with amendments, on Senate Calendar with amendments for 2nd reading; S.390 - Referred to Senate Medical Affairs
AGING CURRICULUM AND VOLUNTEERISM (H.4331, S.982)
A Joint Resolution to direct the Division on Aging, Office of the Governor, the South Carolina Department of Education and the South Carolina Area Agencies on Aging to explore integrating topics relating to


Printed Page 4237 . . . . . Friday, May 24, 1996

aging into current public school curriculum and to promote volunteerism within the school system.

STATUS: H.4331 - Referred to House Medical, Military, Public and Municipal Affairs; S.982 - Referred to Senate Medical Affairs
INCOME TAX CREDIT, LONG-TERM CARE INSURANCE PREMIUMS (H.4707, S.1225)
A bill to authorize credit for a percentage of premiums paid for long-term care insurance.

STATUS: H.4707 - Referred to House Ways and Means; S.1225 - Referred to Senate Finance
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
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.

STATUS: H.3188 - Referred to House Ways and Means; S.352 - Referred to Senate Finance
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
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 a ground for eviction by lessor the taking of the park by eminent domain.

STATUS: H.3186 - Referred to House Labor, Commerce and Industry; S.348 - Referred to Senate Labor, Commerce and Industry, carried over.


Printed Page 4238 . . . . . Friday, May 24, 1996

IV. SELECTED LEGISLATION RELATING TO AGING

ENACTED 1996:

BOARD OF PODIATRY (H.3307/R261, Act No. A241) Effective Date: March 7, 1996
A bill to revise the procedures for nominating members and removal from office; to require the board offer examinations to practice podiatric 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 in proceedings and to provide penalties for refusal to consent to these examinations and access to records.
CONCURRENT RESOLUTION TO RECOGNIZE ARTHUR
M. BJONTEGARD, JR.
(S.1402)
A Concurrent Resolution to recognize Arthur M. Bjontegard, Jr. for a life of selfless devotion to helping others, especially the senior citizens of South Carolina, and to wish Mr. Bjontegard every happiness in the years to come.

STATUS: PASSED SENATE, PASSED HOUSE

OTHER LEGISLATION PENDING 1996:

FREE ADMISSION TO THE STATE PARK FACILITIES (H.3061)
A bill to allow aged, blind, and disabled persons use of state park facilities free of charge.

STATUS: PASSED HOUSE, Referred to Senate Fish, Game and Forestry
INDIVIDUAL MEDICAL ACCOUNT ACT (H.3326, S.167)
A bill to create the Individual Medical Account Act allowing a person to deposit funds in an account established as a trust for the purpose of paying the medical, dental and long-term care expenses of the account holder, to provide for the duties of the trustee, to provide a tax exemption on interest earned.

STATUS: H.3326 - PASSED HOUSE, Pending 2nd reading in Senate; S.167 - Referred to Senate Finance
MOTOR VEHICLE REGISTRATION FEE (H.3051, H.4006)
A bill to provide that the annual registration fee for private passenger-carrying vehicles be ten dollars annually for a person who is sixty-five years of age or older who leases a vehicle.

STATUS: H.3051 - PASSED HOUSE, referred to Senate Transportation; H.4006 - Referred to Education and Public Works


Printed Page 4239 . . . . . Friday, May 24, 1996

OSTEOPOROSIS PREVENTION AND TREATMENT EDUCATION ACT (H.4392)
A bill to enact the Osteoporosis Prevention and Treatment Education Act, establish funding to DHEC and the purpose.

STATUS: PASSED HOUSE, referred to Senate Medical Affairs
BONE MASS MEASUREMENT COVERAGE ACT (H.4379)
A bill to enact the Bone Mass Measurement Coverage Act; to require individual or group accident and health or health insurance policies to include coverage for bone mass measurement for the prevention, diagnosis, and treatment of osteoporosis.

STATUS: Referred to House Judiciary
CRIMES AGAINST PERSONS 65+, ADDITIONAL IMPRISONMENT (S.740)
A bill to require if a person who commits a crime against a person who is sixty years of age or older, the court must impose an additional term of imprisonment.

STATUS: Referred to Senate Judiciary
DRUG PRODUCT SELECTION AND DRUG PRICING (H.4345)
A bill to enact the Fair Price Act for prescription drugs, to define terms, describe pricing procedures under certain circumstances and penalties.

STATUS: Referred to House Labor, Commerce, Industry
EYEGLASS LENSES EXEMPTION (H.3127)
A bill to exempt prescription eyeglass lenses and raw materials used in the fabrication of such lenses from sales and use tax, not to extend to eyeglass frames.

STATUS: Referred to House Ways and Means
HOMESTEAD EXEMPTION - $25,000 (S.51)
A bill to increase the amount of real property exempted from taxation from the first twenty thousand dollars of fair market value to the first twenty-five thousand dollars.

STATUS: Referred to Senate Finance
HOMESTEAD EXEMPTION - $30,000 (H.3035)
A bill to increase the amount of real property exempted from taxation from the first twenty-thousand dollars of fair market value to the first-thirty thousand dollars.

STATUS: Referred to House Ways and Means
HOMESTEAD EXEMPTION - $40,000 (H.3572, S.107)
A bill to increase the exemption from the first twenty thousand dollars to forty thousand dollars beginning with the 1995 tax year.

STATUS: H.3572 - Referred to House Ways and Means, S.107 - Referred to Senate Finance


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