Journal of the Senate
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 1210, Mar. 29 | Printed Page 1230, Mar. 30 |

Printed Page 1220 . . . . . Wednesday, March 29, 1995

CARRIED OVER

S. 7 -- Senators Leatherman, Wilson, Rose, Rankin, Washington and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-45 SO AS TO PROHIBIT ISSUING OF DRIVERS' LICENSES TO RESIDENTS UNDER SEVENTEEN YEARS OF AGE WHO ARE NOT HIGH SCHOOL GRADUATES OR DO NOT HAVE A G.E.D. CERTIFICATE OR WHO DO NOT PROVIDE DOCUMENTATION THAT THEY ARE PROPERLY ENROLLED IN SCHOOL AND IN COMPLIANCE WITH ATTENDANCE REQUIREMENTS, TO REQUIRE THE ATTENDANCE SUPERVISOR OR HIS DESIGNEE TO PROVIDE ENROLLMENT STATUS DOCUMENTATION TO PERSONS AT LEAST FIFTEEN YEARS OF AGE ON A FORM PRESCRIBED BY THE STATE DEPARTMENT OF EDUCATION IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION, TO REQUIRE ATTENDANCE SUPERVISORS TO NOTIFY THE DEPARTMENT OF TRANSPORTATION OF PERSONS WHO WITHDRAW FROM SCHOOL AND REQUIRE THE DEPARTMENT TO SUSPEND THE LICENSE OF SUCH PERSONS UPON TEN DAYS WRITTEN NOTICE, TO PROVIDE THE METHOD FOR A PERSON WHOSE LICENSE IS SUSPENDED TO HAVE THE LICENSE REINSTATED, TO DEFINE WITHDRAWAL FROM SCHOOL, TO PROVIDE FOR A PERSONAL OR FAMILY HARDSHIP WAIVER, AND TO PROVIDE THAT AN SR-22 DOES NOT HAVE TO BE FILED FOLLOWING REINSTATEMENT OF A DRIVER'S LICENSE SUSPENDED PURSUANT TO THIS SECTION.

On motion of Senator MOORE, the Bill was carried over.

S. 41 -- Senators Courson, Rose, Giese, Gregory, Wilson, Elliott and Richter: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LIFE SENTENCE FOR A PERSON WHO HAS THREE CONVICTIONS FOR CERTAIN CRIMES, SO AS TO PROVIDE FOR A MANDATORY SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE UPON A THIRD CONVICTION OF A "MOST SERIOUS OFFENSE", TO DEFINE


Printed Page 1221 . . . . . Wednesday, March 29, 1995

"MOSTSERIOUS OFFENSE", AND TO PROVIDE FOR THE APPLICATION OF THIS SECTION.

On motion of Senator COURSON, the Bill was carried over.

S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.

On motion of Senator PASSAILAIGUE, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

On motion of Senator WILLIAMS, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

AMENDED, READ THE THIRD TIME

SENT TO THE HOUSE

S. 375 -- Senators Jackson and Courtney: A BILL TO AMEND SECTION 53-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY ACCOMMODATION TAX EXEMPTION FROM THE SUNDAY WORK LAWS, SO AS TO PROVIDE THAT A COUNTY MUST COLLECT THE REQUISITE REVENUE IN ONE YEAR AND TO PROVIDE THAT AFTER A COUNTY INITIALLY QUALIFIES, THIS EXEMPTION IS PERMANENT; AND TO PROVIDE A REFERENDUM TO BE HELD STATEWIDE AT THE TIME OF THE 1996 GENERAL ELECTION ON THE QUESTION OF WHETHER SUNDAY WORK SHALL CONTINUE TO BE PROHIBITED, SUBJECT TO AN EMPLOYEE'S RIGHT TO ELECT NOT TO WORK ON SUNDAY, WITH RESULTS TO BE DETERMINED ON A COUNTY-BY-COUNTY BASIS AND THE PROHIBITION EXPIRING JANUARY 1, 1997, IN A COUNTY WITH A MAJORITY "NO" VOTE.


Printed Page 1222 . . . . . Wednesday, March 29, 1995

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator THOMAS spoke on the Bill.

Amendment No. 1

Senator THOMAS proposed the following Amendment No. 1 (375R003.DLT), which was adopted:

Amend the bill, as and if amended, page 5, after line 11, by adding an appropriately numbered subsection to read:

/( ) Notwithstanding the provisions of subsections (A) through (G), the referendum provided by subsection (B) must be held in a county which qualified for the exemption provided in Section 53-1-150 after May 8, 1985."/

Amend title to conform.

Senator THOMAS explained the amendment.

Senator THOMAS moved that the amendment be adopted.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.

Recorded Vote

Senators J. VERNE SMITH, BRYAN, ALEXANDER, WILSON and SETZLER desired to be recorded as voting against the third reading of the Bill.

At 12:40 P.M., Senator DRUMMOND moved that the Senate stand adjourned.

The Senate refused to adjourn.

Senator DRUMMOND requested a roll call vote.

Point of Order

Senator McCONNELL raised a Point of Order that the request came too late.

The PRESIDENT sustained the Point of Order.


Printed Page 1223 . . . . . Wednesday, March 29, 1995

DEBATE INTERRUPTED

S. 628 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-1420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF GOVERNORS OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE AMONG OTHER THINGS, THAT THE COST REDUCTIONS REALIZED IN OPERATING RESULTS OF THE FACILITY SHALL BE APPLIED EXCLUSIVELY TO REDUCE THE RECOUPMENT CHARGES ON ALL POLICIES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE WRITTEN IN SOUTH CAROLINA; TO AMEND SECTION 38-73-1425, AS AMENDED, RELATING TO THE FINAL RATE ON PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT IN CALCULATING THE FINAL RATE OR PREMIUM CHARGE, IT MUST BE BASED UPON THE COMBINED RATIO OF ALL INSURERS CEDING PRIVATE PASSENGER AUTOMOBILE INSURANCE RISKS TO THE FACILITY; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT RATING PLANS MAY PROVIDE FOR DIFFERENT RATES, RATING TIERS, AND RATING PLANS AMONG AFFILIATED COMPANIES; TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO DELETE A REFERENCE TO "AN AUTOMOBILE INSURER"; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-596 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT UPON NOTIFICATION TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, DESIGNATED PRODUCERS MAY CONTRACT WITH A VOLUNTARY MARKET OUTLET FOR ANY TYPE OF AUTOMOBILE INSURANCE CEDEABLE TO THE FACILITY; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, AUTOMOBILE INSURERS, INCLUDING THOSE COMPANIES WRITING PRIVATE PASSENGER PHYSICAL DAMAGE COVERAGES ONLY, MAY, RATHER THAN "SHALL", MAKE COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE,


Printed Page 1224 . . . . . Wednesday, March 29, 1995

THEFT, AND COMBINED ADDITIONAL COVERAGE AVAILABLE TO AN INSURED OR QUALIFIED APPLICANT WHO REQUESTS THE COVERAGE; TO AMEND SECTION 38-77-735, AS AMENDED, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE PLAN FOR CREDITS AND DISCOUNTS, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE THAT IF AN INSURANCE CREDIT OR DISCOUNT PLAN, OTHER THAN THAT PROMULGATED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE, IS GIVEN TO AN INSURED PURSUANT TO THIS SECTION, THE POLICY MAY NOT BE CEDED TO THE REINSURANCE FACILITY; AND TO PROVIDE THAT RECOUPMENT FEES FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE FOR THE TWELVE MONTHS ENDING JUNE 30, 1996, SHALL NOT EXCEED THE LEVEL CHARGED DURING THE TWELVE-MONTH PERIOD ENDING JUNE 30, 1995, AND THAT REINSURANCE FACILITY LOSSES UNRECOUPED DUE TO THIS PROVISION SHALL BE RECOUPED EVENLY DURING THE THREE-YEAR PERIOD BEGINNING JULY 1, 1996.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senator SALEEBY spoke on the Bill.

With Senator SALEEBY retaining the floor, Senator WILLIAMS asked unanimous consent to make a motion that the Senate stand adjourned.

Debate was interrupted by adjournment, Senator SALEEBY retaining the floor.

ADJOURNMENT

At 12:43 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


Printed Page 1225 . . . . . Thursday, March 30, 1995

Thursday, March 30, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, the Apostle John recorded the words of Jesus when he said (4:34):

"My food is to do the will of

Him who sent me,

And to complete His work..."
Let us pray.

Dear Lord, and Father of us all, Whose ways are above our ways and Whose thoughts are beyond our understanding:

Sometimes we come to the simple realization that we are struggling to succeed in our professions, and striving for achievement in our careers, forgetting that our real calling is to live out our years on this planet as children of our God; and to find our personal fulfillment in striving each day to do the work of God, which men call "bringing in the Kingdom."

As we struggle each day in the wilderness of everyday life... with inflation... economic and political woes... budgets... the threats of war... and peace delayed... may we hear anew the ancient voice, saying:

"MAN SHALL NOT LIVE BY BREAD ALONE,

BUT BY EVERY WORD THAT PROCEEDETH

OUT OF THE MOUTH OF GOD."

Amen.

MOTION ADOPTED

Senator WILLIAMS asked unanimous consent to make a motion that the Senate stand in recess for one hour except that at 11:15 A.M., the Lieutenant Governor would be authorized to ratify acts; and, upon completion of the ratification of acts, the Senate would stand in recess until 12:15 P.M.

RECESS

At 11:15 A.M., on motion of Senator WILLIAMS, with unanimous consent, the Senate receded from business until 12:15 P.M.

At 12:08 P.M., the Senate resumed.


Printed Page 1226 . . . . . Thursday, March 30, 1995

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 11:15 A.M. and the following Acts and Joint Resolutions were ratified:

(R21) H. 3534 -- Reps. Wilkins, Tripp, Knotts, Whatley, Harrell, Wofford, A. Young, Hutson, Sandifer, Walker, Littlejohn, Herdklotz, Jaskwhich, Meacham, Fleming, Cain, Kelley, Simrill, Law, Mason, Jennings, Kennedy, Cato, Rice, Klauber, Stuart, Gamble, J. Young, Cotty, Shissias, Haskins, Harrison, Riser, Huff, Robinson, Marchbanks, H. Brown, Witherspoon, Baxley, Lanford, Waldrop and Easterday: AN ACT TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTER 10 ENACTING THE ENTERPRISE ZONE ACT OF 1995 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF ENTERPRISE ZONES IN WHICH VARIOUS TAX INCENTIVES MAY APPLY FOR BUSINESSES, TO PROVIDE THE CRITERIA FOR AREAS TO QUALIFY AS ENTERPRISE ZONES, TO PROVIDE THAT BUSINESSES QUALIFY FOR ENTERPRISE ZONE INCENTIVES BY MEANS OF ENTERING INTO A REVITALIZATION AGREEMENT WITH THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, TO PROVIDE INCENTIVES, DEPENDING ON ELIGIBILITY, THAT INCLUDE THE MAXIMUM CREDIT ALLOWED UNDER THE TARGETED JOBS TAX CREDIT AND AN ADDITIONAL CREDIT FOR EMPLOYEES FORMERLY RECEIVING AFDC, FEE IN LIEU OF TAXES FOR PROPERTY TAXES, RETAINING AN AMOUNT OF EMPLOYEE WAGES BASED ON HOURLY WAGES BUT NOT EXCEEDING FIVE PERCENT FOR FIFTEEN YEARS FOR DEVELOPMENT EXPENSES AND RETAINING AN AMOUNT OF EMPLOYEE WAGES NOT TO EXCEED FIVE HUNDRED DOLLARS A YEAR AND NOT MORE THAN TWO THOUSAND DOLLARS OVER FIVE YEARS FOR PRODUCTION EMPLOYEE RETRAINING AND ALLOWING WITHHOLDING TAX CREDITS FOR EMPLOYERS EQUAL TO THE RETAINED AMOUNT, AND TO PROVIDE THE CRITERIA FOR SELECTING OF QUALIFYING BUSINESSES AND PROJECTS; TO AMEND TITLE 12, RELATING TO TAXATION, BY ADDING CHAPTER 14 ENACTING THE ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT OF 1995 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF ECONOMIC IMPACT ZONES ON AND IN THE VICINITY OF CLOSED OR REALIGNED MILITARY INSTALLATIONS AND IN OTHER AREAS DETERMINED BY THE


Printed Page 1227 . . . . . Thursday, March 30, 1995

STATE BUDGET AND CONTROL BOARD TO BE ADVERSELY IMPACTED BY SUCH CLOSURES OR REALIGNMENTS IN WHICH VARIOUS TAX INCENTIVES MAY APPLY INCLUDING AN INCOME TAX DEDUCTION FOR A PORTION OF THE COST OF ECONOMIC IMPACT ZONE STOCK AND AN INVESTMENT INCOME TAX CREDIT EQUAL TO FIVE PERCENT OF THE AGGREGATE BASES OF ECONOMIC IMPACT ZONE QUALIFIED MANUFACTURING AND PRODUCTIVE EQUIPMENT PROPERTIES AND TO PROVIDE DEFINITIONS AND LIMITATIONS; AND TO AMEND SECTION 12-7-1200, RELATING TO THE USE OF THE ACCOUNTING METHODS OF TAXPAYERS FOR THE PURPOSE OF DETERMINING NET INCOME, SO AS TO ALLOW TAXPAYERS TO PETITION THE DEPARTMENT OF REVENUE AND TAXATION FOR AN ACCOUNTING METHOD THAT MORE ACCURATELY REFLECTS THEIR BUSINESS ACTIVITY IN THIS STATE AND AUTHORIZE THE DEPARTMENT TO ENTER INTO AGREEMENTS FOR CERTAIN TAXPAYERS FOR NOT MORE THAN FIVE YEARS ESTABLISHING A PARTICULAR METHOD OF ALLOCATION AND APPORTIONMENT OF THE TAXPAYERS' INCOME AND TO PROVIDE THE CRITERIA THAT MUST BE MET FOR SUCH AN AGREEMENT.

(R22) S. 294 -- Senator Land: AN ACT TO AMEND SECTION 48-11-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO DELETE THE PROVISION FOR BACK SWAMP WATERSHED CONSERVATION DISTRICT IN LEE COUNTY WHICH NEVER HAS IMPLEMENTED A PROJECT OR WORK OF IMPROVEMENT; TO DISSOLVE THE DISTRICT; AND TO REPEAL ACT 602 OF 1961 RELATING TO THE AUTHORIZATION TO CREATE THE DISTRICT.

(R23) S. 329 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese, Rose and Russell: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY WHETHER THERE IS A NEED FOR SPECIAL LICENSING CRITERIA FOR FACILITIES WHICH PROVIDE CARE UNITS AND OTHER PROGRAMS FOR ALZHEIMER'S DISEASE AND RELATED DISORDERS PATIENTS AND TO REPORT ITS FINDINGS TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.


Printed Page 1228 . . . . . Thursday, March 30, 1995

(R24) S. 356 -- Senator Bryan: AN ACT TO AMEND SECTION 8-21-770(B), AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF FEES AND COSTS IN ESTATE AND CONSERVATORSHIP PROCEEDINGS, SO AS TO SPECIFY THAT FEES IN ESTATE AND CONSERVATORSHIP PROCEEDINGS MUST BE BASED UPON THE GROSS VALUE OF THE DECEDENT'S PROBATE ESTATE OR THE PROTECTED PERSON'S ESTATE; TO PROVIDE FOR A RETROACTIVE REFUND OF THE DIFFERENCE BETWEEN THE CURRENT ESTATE AND CONSERVATORSHIP FEES PAID AFTER AUGUST 15, 1994, AND THE REDUCED FEES PROVIDED BY THE ABOVE PROVISIONS; TO AMEND SECTION 14-23-1050, RELATING TO BONDS OF PROBATE JUDGES AND ASSOCIATE PROBATE JUDGES, SO AS TO INCREASE THE AMOUNT OF THE REQUIRED BOND; TO AMEND SECTION 62-3-203, RELATING TO PERSONS QUALIFIED TO SERVE AS A PERSONAL REPRESENTATIVE, SO AS TO PROHIBIT PROBATE JUDGES FROM SERVING AS A PERSONAL REPRESENTATIVE UNDER CERTAIN CONDITIONS; TO AMEND SECTION 62-5-410, RELATING TO WHO MAY BE APPOINTED CONSERVATOR OF THE ESTATE OF A PROTECTED PERSON, SO AS TO PROHIBIT A PROBATE JUDGE OR AN EMPLOYEE OF THE PROBATE COURT FROM SERVING AS A CONSERVATOR UNDER CERTAIN CONDITIONS.

(R25) S. 494 -- Senator Courtney: AN ACT TO PROVIDE A MINIMUM DISTANCE WITHIN WHICH A COMMERCIAL CONSTRUCTION, DEMOLITION, AND LAND-CLEARING LANDFILL IN SPARTANBURG COUNTY MAY NOT BE LOCATED FROM AN EXISTING AQUACULTURE FARM OR FACILITY AND TO PROVIDE EXCEPTIONS AND DEFINITIONS.

(R26) S. 535 -- Senator Moore: AN ACT TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS, SO AS TO REVISE THE AREAS FOR AIKEN COUNTY.

(R27) S. 585 -- Senator Reese: AN ACT TO AMEND ACT 813 OF 1946, AS AMENDED, RELATING TO THE CREATION OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.


Printed Page 1229 . . . . . Thursday, March 30, 1995

(R28) S. 636 -- Senators Washington and Mescher: AN ACT TO REPEAL ACT 16 OF 1973 RELATING TO THE ELECTION OF THE COLLETON COUNTY VETERANS AFFAIRS OFFICER.

(R29) H. 3073 -- Reps. Kirsh and Stille: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-19-25 SO AS TO PROVIDE FOR VOLUNTARY INSPECTION OF CERTAIN BIRDS BY THE LIVESTOCK-POULTRY HEALTH COMMISSION.

(R30) H. 3103 -- Reps. Shissias, Simrill, Cromer, L. Whipper, S. Whipper, Stille, Kelley, Richardson, Gamble, Phillips and Spearman: AN ACT TO AMEND SECTION 43-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO PURSUE STATE AND FEDERAL TAX REFUND OFFSETS FOR DELINQUENT CHILD SUPPORT PAYMENTS EVEN IF PERIODIC PAYMENTS ON THE DELINQUENCY ARE BEING MADE OR EVEN IF THE DELINQUENT AMOUNT HAS BEEN PLACED IN ABEYANCE.

(R31) H. 3191 -- Reps. P. Harris, Neilson, Waldrop, J. Brown, Inabinett, Rhoad and Shissias: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-11-95 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO OBTAIN APPROVAL FROM THE DEPARTMENT OF CONSUMER AFFAIRS TO DISTRIBUTE A DIVIDEND OR SIMILAR DISTRIBUTION; BY ADDING SECTION 37-11-105 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO SUBMIT A FINANCIAL PLAN TO THE DEPARTMENT FOR APPROVAL IF THE DEPARTMENT HAS REASON TO BELIEVE THE OPERATOR IS OR MAY BECOME INSOLVENT; BY ADDING SECTION 37-11-135 SO AS TO EXEMPT FROM CERTAIN LICENSING REQUIREMENTS A CONTINUING CARE RETIREMENT COMMUNITY WHICH DOES NOT REQUIRE PAYMENT OF AN ENTRANCE FEE; BY AMENDING SECTION 37-11-30, RELATING TO LICENSING OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO REVISE INFORMATION THAT MUST ACCOMPANY LICENSE APPLICATIONS; AND BY AMENDING SECTION 37-11-40, RELATING TO THE DETERMINATION OF FINANCIAL


Printed Page 1230 . . . . . Thursday, March 30, 1995

RESPONSIBILITY OF AN APPLICANT FOR LICENSURE, SO AS TO REVISE CONDITIONS UNDER WHICH A BOND OR OTHER GUARANTEE IS REQUIRED.


| Printed Page 1210, Mar. 29 | Printed Page 1230, Mar. 30 |

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