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

Page Finder Index

| Printed Page 4040, May 22 | Printed Page 4060, May 22 |

Printed Page 4050 . . . . . Wednesday, May 22, 1996

OBJECTION TO RECALL

Rep. SIMRILL asked unanimous consent to recall S. 604 from the Committee on Labor, Commerce and Industry.

Rep. CATO objected.

OBJECTION TO RECALL

Rep. McELVEEN asked unanimous consent to recall S. 1037 from the Committee on Judiciary.

Rep. FLEMING objected.

OBJECTION TO RECALL

Rep. D. SMITH asked unanimous consent to recall S. 265 from the Committee on Judiciary.

Rep. SCOTT objected.

OBJECTION TO RECALL

Rep. SHARPE asked unanimous consent to recall S. 760 from the Committee on Medical, Military, Public and Municipal Affairs.

Rep. SCOTT objected.

OBJECTION TO RECALL

Rep. WELLS asked unanimous consent to recall H. 4593 from the Committee on Labor, Commerce and Industry.

Rep. SCOTT objected.

H. 4159--DEBATE ADJOURNED

The veto on the following Act was taken up.

(R382) H. 4159 -- Ways and Means Committee: AN ACT TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 24 ENACTING THE BINGO TAX ACT OF 1996 SO AS TO REGULATE THE GAME OF BINGO AND PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW THE DEDUCTION OF BINGO PRIZES AND WINNINGS; TO PROVIDE THAT ALL CURRENT BINGO LICENSES EXPIRE AFTER SEPTEMBER 30, 1997, TO SAVE PROCEEDINGS UNDERWAY ON OCTOBER 1, 1997, AND PROVIDE FOR THEIR DISPOSITION UNDER FORMER LAW; TO


Printed Page 4051 . . . . . Wednesday, May 22, 1996

REPEAL ARTICLE 23, CHAPTER 21, TITLE 12, RELATING TO BINGO REGULATION; AND TO PROVIDE THAT THE BINGO TAX ACT OF 1996 TAKES EFFECT OCTOBER 1, 1997.

Rep. KIRSH moved to adjourn debate upon the veto until Thursday, May 23, which was adopted.

ACTING SPEAKER CATO IN CHAIR

LEAVE OF ABSENCE

ACTING SPEAKER CATO granted Rep. LIMEHOUSE a leave of absence for the remainder of the day.

S. 846---FREE CONFERENCE REPORT ADOPTED

FREE CONFERENCE REPORT

The General Assembly, Columbia, S.C., May 22, 1996

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

S. 846 -- Senator Giese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking the bill in its entirety an inserting therein the following:

/A BILL

TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL OLYMPIC LICENSE PLATES.

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

SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 72

Special Olympic License Plates

Section 56-3-7700. (A) The department may issue special motor vehicle license plates commemorating the Special Olympics which may have imprinted on the plates an emblem, seal, or other symbol approved


Printed Page 4052 . . . . . Wednesday, May 22, 1996

by the South Carolina Special Olympics and the department. The fee for this special license plate is fifty dollars every two years in addition to the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title. This special license plate must be the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.

(B) The fees collected pursuant to this section, after the costs to produce and administer the distribution of this special license plate have been satisfied, must be distributed to the South Carolina Special Olympics."

SECTION 2. This act takes effect upon approval by the Governor.

-----XX-----/

Amend title to conform.

/s/Warren K. Giese .......... /s/Marion P. Carnell
/s/Glenn G. Reese .......... /s/Harry M. Hallman, Jr.
/s/Michael L. Fair .......... /s/Juanita M. White

On Part of the Senate. .......... On Part of the House.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

H. 3915--INTERRUPTED DEBATE

Debate was resumed on the Senate amendments to the following Bill, the pending question being the consideration of Senate amendments.

H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60,


Printed Page 4053 . . . . . Wednesday, May 22, 1996

RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.

Rep. DAVENPORT proposed the following Amendment No. 1A (Doc Name P:\amend\JIC\6007AC.96), which was adopted.

Amend the committee report, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION . Notwithstanding any other provision of the law to the contrary, no portion of Chapter 7 of Title 44 of the South Carolina Code of Laws, 1976, except for Article 4 of Chapter 7 of Title 44, or any portion of any act authorizing, creating, or establishing any entity for the purpose of rendering health care services or providing hospital facilities is intended to confer immunity from challenge under the federal or state antitrust laws. The phrase "federal or state antitrust laws" shall be defined as provided in Section 44-7-510(8) of the 1976 Code./

Renumber sections to conform.

Amend title to conform.

Rep. DAVENPORT explained the amendment.

The amendment was then adopted.


Printed Page 4054 . . . . . Wednesday, May 22, 1996

Rep. CROMER proposed the following Amendment No. 2A (Doc Name P:\amend\JIC\6020HTC.96), which was rejected.

Amend the bill, as and if amended, page 6, by striking SECTION 9 and inserting:

/SECTION 9. Notwithstanding any other provision of law, including Paragraph 72.25, Part IB of the annual general appropriations act for fiscal year 1996-97 or any other provisions of that act, state officers and employees must get no special treatment with respect to copayments and deductibles otherwise required to be paid under the state health insurance plan for hospital services at MUSC Hospital or its successor in interest./

Amend title to conform.

Rep. CROMER explained the amendment.

Rep. FELDER spoke against the amendment and moved to table the amendment.

Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:

Yeas 12; Nays 75

Those who voted in the affirmative are:

Askins               Boan                 Cain
Felder               Fleming              Fulmer
Riser                Tucker               Waldrop
Wilder               Witherspoon          Young-Brickell

Total--12

Those who voted in the negative are:

Anderson             Baxley               Breeland
Brown, G.            Brown, T.            Canty
Cato                 Cave                 Cobb-Hunter
Cooper               Cotty                Cromer
Dantzler             Davenport            Delleney
Easterday            Gamble               Hallman
Harrell              Harris, J.           Harvin
Herdklotz            Hines, J.            Hines, M.
Hodges               Hutson               Inabinett
Jaskwhich            Jennings             Keegan
Keyserling           Kinon                Kirsh

Printed Page 4055 . . . . . Wednesday, May 22, 1996

Knotts               Koon                 Lanford
Lee                  Limbaugh             Littlejohn
Lloyd                Marchbanks           Mason
McCraw               McKay                McTeer
Meacham              Moody-Lawrence       Neal
Neilson              Phillips             Rhoad
Rice                 Richardson           Robinson
Sandifer             Scott                Seithel
Shissias             Simrill              Smith, D.
Smith, R.            Spearman             Stille
Stoddard             Stuart               Townsend
Tripp                Trotter              Walker
Whatley              White                Wilkins
Wofford              Wright               Young

Total--75

So, the House refused to table the amendment.

RECORD FOR VOTING

I came into the Chamber late and inadvertently voted wrong on Amendment #2A of H. 3915. I support the amendment.

Rep. RONALD N. FLEMING

Rep. FELDER spoke against the amendment.

POINT OF ORDER

Rep. KLAUBER raised the Point of Order that Amendment No. 2A was out of order as it was not germane in that it dealt with the Appropriations Bill and not the proposed lease agreement between MUSC and Columbia HCA.

Rep. CROMER stated that it specifically dealt with a topic put in by the Senate, which was no extension of the copayment benefits for legislators and senators and it was germane.

Rep. KLAUBER continued to argue that it was not germane to the lease agreement.

ACTING SPEAKER CATO stated that it tied into Section 9 as it came over from the Senate and he overruled the Point of Order.

Rep. ROBINSON spoke upon the amendment.

Rep. CROMER spoke in favor of the amendment.


Printed Page 4056 . . . . . Wednesday, May 22, 1996

Rep. BOAN spoke against the amendment.

Rep. QUINN moved to table the amendment.

POINT OF ORDER

Rep. CROMER raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.

The question then recurred to the adoption of the amendment.

Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:

Yeas 7; Nays 94

Those who voted in the affirmative are:

Cromer               Jaskwhich            Kirsh
Meacham              Simrill              Stuart
Tripp

Total--7

Those who voted in the negative are:

Allison              Anderson             Askins
Baxley               Boan                 Breeland
Brown, H.            Brown, T.            Cain
Canty                Carnell              Cato
Cave                 Clyburn              Cobb-Hunter
Cooper               Cotty                Dantzler
Davenport            Delleney             Easterday
Felder               Fleming              Fulmer
Gamble               Hallman              Harrell
Harris, J.           Harvin               Herdklotz
Hines, J.            Hines, M.            Howard
Hutson               Inabinett            Jennings
Keegan               Kelley               Keyserling
Kinon                Klauber              Knotts
Koon                 Lanford              Law
Lee                  Limbaugh             Littlejohn
Lloyd                Marchbanks           Mason
McAbee               McCraw               McElveen
McKay                McMahand             McTeer
Moody-Lawrence       Neal                 Neilson

Printed Page 4057 . . . . . Wednesday, May 22, 1996

Phillips             Quinn                Rhoad
Rice                 Richardson           Riser
Robinson             Rogers               Sandifer
Scott                Seithel              Sharpe
Shissias             Smith, D.            Smith, R.
Spearman             Stille               Stoddard
Townsend             Trotter              Tucker
Vaughn               Waldrop              Walker
Whatley              Whipper, L.          White
Wilder               Wilkins              Witherspoon
Wofford              Wright               Young
Young-Brickell       

Total--94

So, the amendment was rejected.

Reps. QUINN, LOFTIS, SANDIFER, SEITHEL, TRIPP, KIRSH, RICE, LITTLEJOHN, DAVENPORT, SHISSIAS and HODGES proposed the following Amendment No. 6A (Doc Name P:\amend\GJK\22909AC.96), which was tabled.

Amend the bill, as and if amended, in Section 44-7-3110(7), page 3, by deleting lines 36 through 39 and inserting:

/lease or sale must be returned to the general fund of the State./

Renumber sections to conform.

Amend totals and title to conform.

Rep. QUINN explained the amendment.

Rep. KLAUBER spoke against the amendment.

Rep. QUINN spoke in favor of the amendment.

Rep. KLAUBER moved to table the amendment.

Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:

Yeas 53; Nays 49

Those who voted in the affirmative are:

Anderson             Baxley               Boan
Breeland             Brown, G.            Brown, H.
Cain                 Carnell              Cato
Clyburn              Cooper               Cotty

Printed Page 4058 . . . . . Wednesday, May 22, 1996

Dantzler             Felder               Fleming
Fulmer               Gamble               Harrell
Harvin               Hines, J.            Jaskwhich
Jennings             Keegan               Kelley
Kinon                Klauber              Koon
Law                  Limbaugh             McAbee
McKay                McMahand             McTeer
Moody-Lawrence       Riser                Robinson
Sharpe               Smith, D.            Smith, R.
Spearman             Stoddard             Stuart
Trotter              Tucker               Whatley
Whipper, L.          Whipper, S.          Wilder
Wilkins              Witherspoon          Wofford
Young                Young-Brickell

Total--53

Those who voted in the negative are:

Allison              Brown, J.            Brown, T.
Canty                Cobb-Hunter          Cromer
Davenport            Delleney             Easterday
Govan                Hallman              Harris, J.
Herdklotz            Hines, M.            Hodges
Howard               Hutson               Inabinett
Keyserling           Kirsh                Knotts
Lanford              Lee                  Littlejohn
Lloyd                Marchbanks           Mason
McCraw               McElveen             Meacham
Neal                 Neilson              Phillips
Quinn                Rhoad                Rice
Rogers               Sandifer             Seithel
Shissias             Simrill              Stille
Townsend             Tripp                Vaughn
Waldrop              Walker               White
Wright               

Total--49

So, the amendment was tabled.


Printed Page 4059 . . . . . Wednesday, May 22, 1996

Rep. LANFORD proposed the following Amendment No. 7A, which was ruled out of order.

Amend the bill, as and if amended, page on page 8, Section 1, Paragraph (B) (9), Line 41, add the following:

"Notwithstanding any other provision of the law to the contrary, each regional medical center which is the provider of a "Sole Provider Service" as hereinafter defined shall make each Sole Provider Service available on equal prices and terms to all persons. The price and terms for each Sole Provider Service shall be determined at the sole discretion of the regional medical center and discounts required by law in connection with Medicare, Medicaid, Champus or any other state or federal program shall not be required to be made available to those not other entitled to such discounts. For purposes of this section, a "Sole Provider Service" shall mean a specific program, facility or service for:

(i) the highest level neonatal intensive care unit accredited by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO),

(ii) a specific-purpose burn unit accredited by JCAHO,

(iii) the highest level pediatric intensive care unit accredited by JCAHO,

(iv) specialized pediatric tertiary and quartinary services,

(v) organ, bone marrow and other transplant services,

(vi) the highest level trauma center accredited by JCAHO those services provided by a medical center or,

(vii) open-heart surgery which specific program, facility or service is only provided by one regional medical center in the county in which the regional medical center is located.

For purposes of this section, a "regional medical center" shall mean a general acute care hospital, other than a hospital owned by the federal government, which is located in a county in which there is at least one other general acute care hospital and the term shall include affiliates of such hospital under common control."

Rep. LANFORD explained the amendment.

POINT OF ORDER

Rep. FELDER raised the Point of Order that Amendment No. 7A was out of order as it was not germane.

Rep. LANFORD argued contra the Point in stating that his amendment related to points in the contract which was a part of the merger.


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