Printed Page 4050, May 22
| Printed Page 4070, May 22
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Printed Page 4050, May 22
| Printed Page 4070, May 22
| Rep. LANFORD stated that the amendment directed them on how they could enter into the contract which was a part of what was being discussed.
Rep. SEITHEL stated that the amendment did not fix prices.
Rep. LANFORD stated that the point that was being argued was the fact that when there was only one hospital in South Carolina that could provide certain services.
Rep. QUINN stated that if leasing state hospitals was germane, then certainly dealing with HCA, which was a part of the Bill, was germane.
Rep. ROBINSON stated that the amendment defined a regional medical center as a general acute care hospital other than a hospital owned by the federal government and that was certainly not a reference to MUSC and that the amendment was broader than the Bill.
Rep. LANFORD continued to argue, citing the amendment.
Rep. QUINN stated that the Bill did now deal with merging health care facilities with a private corporation.
ACTING SPEAKER CATO stated that the amendment was broader than MUSC and he sustained the Point of Order and ruled the amendment out of order.
Reps. S. WHIPPER, SEITHEL and HALLMAN proposed the following Amendment No. 9A, which was tabled.
Amend the bill, as and if amended, on page 11 strike Section 10 in its entirety, and on page 8, line 8, add a new paragraph to read:
/Until such time as the operator of the MUSC Medical Center constructs a Level I emergency room to serve the MUSC Medical Center, the Charleston Memorial Hospital emergency room shall continue to be a treatment center and admission point for both Charleston Memorial Hospital and MUSC Medical Center, with the continued right to admit emergency room patients to either the MUSC Medical Center or the Charleston Memorial Hospital. At all times during the term of the lease, there shall be a Level I emergency room serving and admitting patients to the MUSC Medical Center.
Rep. S. WHIPPER explained the amendment.
Rep. FELDER raised the Point of Order that Amendment No. 9A was out of order as it was not germane in that it directly related to a Charleston County emergency room which was not in existence and would cause the people from all over the State to pay and that it did not relate to the subject matter of the Bill as put in by the Senate.
Rep. S. WHIPPER argued contra the Point in stating that it related to the structure of MUSC as it related to the services they provide as well as the hospital. He further stated that it meant as far as the lease arrangement was concerned, it meant the division of the services from the college and hospital.
The SPEAKER stated that it had to tie back in to a specific section of the Bill.
Rep. S. WHIPPER cited Section A of the section under 44-7-3110.
Rep. SEITHEL cited Page 11 of Section 10 and stated that the amendment dealt with the emergency room at Charleston Memorial Hospital.
The SPEAKER questioned that Section 10 stated that you had to maintain the current level and the amendment would require an additional emergency room in certain cases.
Rep. SEITHEL stated that the only time it would require an additional emergency room was if the Medical University or the Columbia HCA decided to close the emergency room at Charleston Memorial.
The SPEAKER stated that it did tie in with Section 10 and he overruled the Point of Order.
Reps. L. WHIPPER and SEITHEL spoke in favor of the amendment.
Rep. FELDER moved to table the amendment, which was agreed to.
Reps. SEITHEL, BREELAND and S. WHIPPER proposed the following Amendment No. 10A, which was tabled.
Amend the bill, as and if amended, on page , by adding an appropriately numbered new SECTION to read:
Change "indigent care in the same manner as is being provided by the Medical University of South Carolina through the operation of this Medical University Hospital and its clinical programs" to "charity care in an amount not less than 5.5% of total gross charges as verified annually to the Medical University of South Carolina Board of Trustees." Add as an additional sentence: "Until such time as the operator of the MUSC Medical Center constructs a Level I emergency room to serve the MUSC Medical Center, the Charleston Memorial Hospital emergency room shall
Rep. SEITHEL explained the amendment.
Rep. FELDER moved to table the amendment.
Rep. SEITHEL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Boan Brown, H. Cain Carnell Cato Cotty Cromer Dantzler Easterday Felder Fleming Fulmer Gamble Harrell Harris, J. Jaskwhich Keegan Kelley Kinon Klauber Knotts Koon Law Limbaugh Marchbanks Mason McAbee McKay Meacham Rhoad Rice Richardson Riser Robinson Sharpe Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Trotter Tucker Vaughn Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Wright Young-Brickell
Those who voted in the negative are:
Anderson Baxley Breeland Brown, G. Brown, J. Brown, T.
Byrd Canty Clyburn Cobb-Hunter Davenport Delleney Hallman Harvin Herdklotz Hines, J. Howard Hutson Inabinett Jennings Keyserling Kirsh Lanford Lee Littlejohn Lloyd Martin McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Quinn Sandifer Scott Seithel Shissias Tripp Whipper, L. Whipper, S. White Young
So, the amendment was tabled.
The SPEAKER granted Rep. CANTY a leave of absence for the remainder of the day.
Rep. QUINN proposed the following Amendment No. 13A (Doc Name P:\amend\GJK\22906AC.96), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Notwithstanding any other provision of law to the contrary, upon approval of the proposed sale or lease of MUSC's facilities and assets, no bonded indebtedness shall be defeased or satisfied unless or until it has been established that there is de minimis risk that the transaction is void whether by reason or unconstitutionality or otherwise. De Minimis risk must be established by a final and unappealable decision of a competent court that the agreements are legal and enforceable./
Renumber sections to conform.
Amend totals and title to conform.
Rep. QUINN explained the amendment.
Rep. FELDER spoke against the amendment.
Rep. HUTSON spoke in favor of the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Boan Brown, G. Brown, H. Brown, T. Cain Carnell Cooper Cotty Dantzler Felder Fulmer Gamble Hallman Harrell Harvin Herdklotz Hines, J. Hodges Jaskwhich Jennings Keegan Kelley Keyserling Klauber Knotts Koon Lanford Law Limbaugh Martin Mason McAbee McKay Neilson Rhoad Rice Riser Rogers Sandifer Sharpe Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tucker Vaughn Walker Whatley Wilder Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Breeland Byrd Cave Cobb-Hunter Cromer Davenport Delleney Easterday Fleming Harris, J. Howard Hutson Inabinett Kinon Kirsh Littlejohn Lloyd Marchbanks McCraw McElveen McMahand Meacham Moody-Lawrence Neal Phillips Quinn Seithel Shissias Simrill
Tripp Trotter Waldrop Whipper, L. Whipper, S. White
So, the amendment was tabled.
Rep. FLEMING moved to reconsider the vote whereby Amendment No. 6A was tabled.
Rep. FELDER moved to table the motion to reconsider.
Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Cain Carnell Cato Cave Cobb-Hunter Cooper Dantzler Felder Fulmer Gamble Harrell Harvin Herdklotz Hines, J. Jaskwhich Jennings Keegan Kelley Keyserling Kinon Klauber Knotts Koon Law Limbaugh Lloyd Martin Mason McKay McTeer Neilson Richardson Robinson Sandifer Scott Sharpe Smith, D. Smith, R. Spearman Stille Townsend Trotter Tucker Vaughn Walker Wells Whatley Whipper, L. Whipper, S. White Wilkins Witherspoon Wofford Young Young-Brickell
Anderson Brown, T. Davenport Delleney Easterday Fleming Hallman Harris, J. Hodges Howard Hutson Inabinett Kirsh Lanford Littlejohn Marchbanks McCraw McElveen McMahand Meacham Moody-Lawrence Neal Phillips Quinn Rhoad Rice Riser Seithel Shissias Simrill Stoddard Tripp Waldrop Wilder
So, the motion to reconsider was tabled.
Rep. KIRSH proposed the following Amendment No. 14A, which was tabled.
Amend the bill, as and if amended, strike on page 9, on line 24, after "code":
/and compliance with the provisions of this act is exclusive and shall satisfy the approval requirements of any and all other statutory provisions requiring the review and/or approval of any agency, department or division.
Rep. KIRSH explained the amendment.
Rep. BOAN spoke against the amendment.
Rep. SEITHEL spoke in favor of the amendment.
Rep. SEITHEL continued speaking.
Rep. FELDER moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 37 to 21.
Amend the bill, as and if amended, on page 11, line 1 strike SECTION 6 and insert the following to read:
/SECTION Notwithstanding any other provision of law to the contrary, upon approval of the proposed sale or lease of MUSC's facilities and assets, nothing shall be deemed to require MUSC or the State of South Carolina to pay any sum for the return of its own real property at the expiration of the lease.
Rep. SEITHEL explained the amendment.
Rep. FELDER moved to table the amendment.
Rep. SEITHEL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Boan Cain Carnell Cato Cotty Felder Fulmer Gamble Harrell Harvin Herdklotz Hines, J. Hodges Jaskwhich Keegan Keyserling Kinon Klauber Knotts Koon Law Limbaugh Mason McKay McMahand McTeer Rhoad Rice Richardson Riser Robinson Sandifer Sharpe Smith, D. Smith, R. Spearman Stuart Townsend Trotter Tucker Vaughn Walker Wells Whatley Wilkins Witherspoon Wofford Young-Brickell
Those who voted in the negative are:
Anderson Baxley Breeland Brown, J. Byrd Cave
Dantzler Davenport Delleney Easterday Hallman Harris, J. Howard Hutson Inabinett Kirsh Lanford Littlejohn Lloyd Marchbanks McCraw McElveen Meacham Moody-Lawrence Phillips Quinn Scott Seithel Shissias Simrill Stille Stoddard Waldrop Whipper, L. Whipper, S. Wilder
So, the amendment was tabled.
Rep. SEITHEL proposed the following Amendment No. 17A, which was tabled.
Amend the bill, as and if amended, page , by adding an appropriately numbered new SECTION to read:
/SECTION Notwithstanding any other provision of law to the contrary, upon approval of the proposed sale or lease of MUSC's facilities and assets, the transaction shall not be finalized until an independent appraisal has been conducted of all of MUSC's property and equipment that will be affected by the lease and the purchasing or leasing Company pays fair market value for that equipment and property.
Rep. SEITHEL explained the amendment.
Rep. KLAUBER moved to table the amendment.
Rep. SEITHEL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Boan Brown, H. Cain Carnell Cato Cooper Cotty Dantzler Easterday Felder Fleming Fulmer Gamble Harrell Harris, J. Harvin Herdklotz Hines, J. Hutson Jaskwhich
Keegan Keyserling Kinon Klauber Knotts Koon Lanford Law Limbaugh Mason McKay McTeer Rhoad Rice Richardson Riser Robinson Sharpe Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tucker Vaughn Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Wright Young-Brickell
Those who voted in the negative are:
Anderson Baxley Brown, J. Davenport Delleney Hallman Howard Kirsh Littlejohn McCraw Meacham Moody-Lawrence Neilson Phillips Quinn Sandifer Seithel Shissias Stoddard Trotter Waldrop Whipper, L. Whipper, S.
So, the amendment was tabled.
Rep. HOWARD moved that the House do now adjourn.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baxley Cave Davenport Hallman Harris, J. Howard Lloyd Martin McKay McMahand Rhoad
Scott Stuart Whipper, S. White
Those who voted in the negative are:
Allison Boan Brown, H. Brown, J. Byrd Cain Carnell Cato Cooper Cotty Cromer Dantzler Delleney Easterday Felder Fleming Fulmer Gamble Harrell Harvin Herdklotz Hines, J. Hutson Jaskwhich Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Littlejohn Marchbanks Mason McCraw McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Wilder Wilkins Witherspoon Wofford Wright Young-Brickell
So, the House refused to adjourn.
Printed Page 4050, May 22
| Printed Page 4070, May 22
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