South Carolina General Assembly
113th Session, 1999-2000

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Bill 4934


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

RECALLED

May 4, 2000

H. 4934

Introduced by Rep. Kelley

S. Printed 5/4/00--H.

Read the first time April 13, 2000.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

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ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

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EXPLANATION OF IMPACT:

The Department of Consumer Affairs, which has responsibility for administration of the State Continuing Care Retirement Community Act, reports there are no state agencies which are considered to use continuing care contracts under the existing definition. Further restriction of the definition would have no fiscal impact on any state agencies. The bill does not require any additional expenditures on the part of the Department of Consumer Affairs, the General Fund of the State, federal nor on other funds.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND SECTION 37-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS USED IN THE "STATE CONTINUING CARE RETIREMENT COMMUNITY ACT", SO AS TO REVISE THE DEFINITION OF "CONTINUING CARE CONTRACT" SUCH THAT ONLY THOSE COMMUNITIES THAT REQUIRE THE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN FOR A PROMISE OF FUTURE CARE ARE SUBJECT TO THE PROVISIONS OF THE ACT; AND TO AMEND SECTION 37-11-135, RELATING TO EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT, SO AS TO EXEMPT CONTINUING CARE RETIREMENT COMMUNITIES FROM ALL PROVISIONS OF THE ACT IF PAYMENT OF AN ENTRANCE FEE IS NOT REQUIRED.

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

SECTION 1. Section 37-11-20(6) of the 1976 Code, as added by Act 97 of 1989, is amended to read:

"(6) 'Continuing care contract' means a contract to provide board or lodging together with nursing, medical, or other health-related services:

(a) to a person sixty-five years of age or older at the time the contract is signed or purchased; or

(b) which requires payment of an entrance fee or other fee in return for a promise of future care; or

(c) which provides for services for the life of the person or for more than one year, including mutually terminable contracts.; and

(c) which requires payment of an entrance fee or other fee in return for a promise of future care."

SECTION 2. Section 37-11-135 of the 1976 Code, as added by Act 19 of 1995, is amended to read:

"Section 37-11-135. A continuing care retirement community which does not require payment of an entrance fee is exempt from the requirements of Sections 37-11-30(B)(9), 37-11-40, and 37-11-50(2) this chapter."

SECTION 3. This act takes effect upon approval by the Governor.

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