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 4100, May 23 | Printed Page 4120, May 23 |

Printed Page 4110 . . . . . Thursday, May 23, 1996

Rep. FELDER spoke against the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. SPEARMAN a temporary leave of absence.

Rep. FELDER continued speaking.

The question then recurred to the adoption of the amendment.

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

Yeas 48; Nays 49

Those who voted in the affirmative are:

Anderson             Breeland             Byrd
Cave                 Cobb-Hunter          Davenport
Fulmer               Gamble               Govan
Hallman              Harris, J.           Howard
Hutson               Inabinett            Jennings
Keyserling           Kirsh                Knotts
Koon                 Lanford              Lee
Limehouse            Littlejohn           Lloyd
Marchbanks           McCraw               McMahand
Moody-Lawrence       Neal                 Neilson
Phillips             Quinn                Rhoad
Richardson           Sandifer             Scott
Seithel              Shissias             Tripp
Waldrop              Wells                Whipper, L.
Whipper, S.          White                Wilder
Williams             Witherspoon          Wright

Total--48


Printed Page 4111 . . . . . Thursday, May 23, 1996

Those who voted in the negative are:
Allison              Boan                 Brown, G.
Brown, H.            Brown, T.            Cain
Carnell              Cato                 Chamblee
Cooper               Cotty                Cromer
Dantzler             Easterday            Felder
Harrell              Herdklotz            Hines, J.
Hines, M.            Jaskwhich            Keegan
Kelley               Kinon                Klauber
Law                  Limbaugh             Mason
McAbee               McKay                Meacham
Rice                 Riser                Robinson
Sharpe               Simrill              Smith, D.
Smith, R.            Stille               Stuart
Townsend             Trotter              Tucker
Vaughn               Walker               Whatley
Wilkins              Wofford              Young
Young-Brickell       

Total--49

So, the amendment was rejected.

Rep. DAVENPORT proposed the following Amendment No. 25A, which was tabled.

Amend the bill, as and if amended, page 11, by adding an appropriately numbered new 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, nor 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. Federal or state antitrust laws shall be defined as provided in Article 4 of Chapter 7 of Title 44 of the South Carolina Code of Laws, 1976, (44-7-510(8)).

Rep. DAVENPORT moved to table the amendment, which was agreed to.


Printed Page 4112 . . . . . Thursday, May 23, 1996

Rep. QUINN proposed the following Amendment No. 26A, which was tabled.

Amend the bill, as and if amended, page 8, after line 21, by inserting after the words "in such a manner as to"

/imply endorsement by the State of South Carolina, or

Rep. QUINN explained the amendment.

Rep. RICHARDSON spoke in favor of the amendment.

Rep. FELDER moved to table the amendment.

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

Yeas 52; Nays 42

Those who voted in the affirmative are:

Boan                 Brown, G.            Brown, H.
Cain                 Carnell              Cato
Clyburn              Cotty                Cromer
Dantzler             Easterday            Felder
Fulmer               Gamble               Harrell
Harvin               Herdklotz            Hines, M.
Jaskwhich            Jennings             Keegan
Kelley               Kinon                Klauber
Knotts               Koon                 Law
Limbaugh             Mason                McAbee
McKay                Quinn                Rhoad
Rice                 Riser                Smith, D.
Smith, R.            Stille               Stuart
Townsend             Trotter              Tucker
Vaughn               Wells                Whatley
Wilkes               Wilkins              Witherspoon
Wofford              Wright               Young
Young-Brickell

Total--52

Those who voted in the negative are:

Anderson             Breeland             Brown, J.
Brown, T.            Byrd                 Cobb-Hunter
Cooper               Davenport            Hallman
Harris, J.           Howard               Hutson

Printed Page 4113 . . . . . Thursday, May 23, 1996

Inabinett            Keyserling           Kirsh
Lanford              Lee                  Limehouse
Littlejohn           Lloyd                McCraw
McElveen             McMahand             Meacham
Moody-Lawrence       Neal                 Neilson
Phillips             Richardson           Robinson
Sandifer             Scott                Seithel
Shissias             Simrill              Tripp
Waldrop              Walker               Whipper, L.
Whipper, S.          White                Wilder

Total--42

So, the amendment was tabled.

Rep. SEITHEL proposed the following Amendment No. 27A (Doc Name P:\amend\GJK\22910AC.96), which was tabled.

Amend the bill, as and if amended, in Section 44-7-3110, page 4, by inserting immediately after line 37 /Throughout the existence of the terms of the lease and thereafter, any corporation and/or organization and/or affiliation and/or committee which has any bearing directly or indirectly upon the Medical University of South Carolina or any component unit of the Medical University of South Carolina is subject to the Freedom of Information Act and the review of the Legislative Audit Council at any time./

Renumber sections to conform.

Amend totals and title to conform.

Rep. SEITHEL moved to table the amendment, which was agreed to.

Rep. LANFORD proposed the following Amendment No. 28A (Doc Name P:\amend\BBM\10890JM.96), which was adopted.

Amend the bill, as and if amended, by adding to the end of Section 44-7-3110, as contained in SECTION 1, on page 4, immediately after line 37:

/Notwithstanding any other provision of law, the Medical University of South Carolina (MUSC), which is the provider of a `Sole Provider Service' as defined in this paragraph 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 MUSC, and discounts required by law in connection with


Printed Page 4114 . . . . . Thursday, May 23, 1996

Medicare, Medicaid, Champus, or any other state or federal program shall not be required to be made available to those not otherwise entitled to these discounts. For purposes of this paragraph, a `Sole Provider Service' means 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 MUSC;

For purposes of this section, MUSC means 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 the hospital under common control. /

Renumber sections to conform.

Amend totals and title to conform.

Rep. LANFORD explained the amendment.

Rep. FELDER spoke against the amendment.

Rep. LANFORD spoke in favor of the amendment.

Rep. KLAUBER moved to table the amendment.

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

Yeas 36; Nays 65

Those who voted in the affirmative are:

Boan                 Brown, H.            Carnell
Cato                 Cotty                Dantzler
Felder               Fulmer               Gamble
Harrell              Harvin               Herdklotz
Jaskwhich            Keegan               Kelley
Klauber              Koon                 Law
Limbaugh             Martin               McAbee
McKay                Rice                 Riser
Robinson             Sharpe               Smith, D.
Smith, R.            Stuart               Tucker

Printed Page 4115 . . . . . Thursday, May 23, 1996

Wells                Whatley              Witherspoon
Wofford              Young                Young-Brickell

Total--36

Those who voted in the negative are:

Allison              Anderson             Breeland
Brown, G.            Brown, J.            Brown, T.
Byrd                 Cain                 Canty
Cave                 Chamblee             Clyburn
Cobb-Hunter          Cooper               Davenport
Easterday            Fleming              Govan
Hallman              Harris, J.           Hines, J.
Hines, M.            Howard               Hutson
Inabinett            Jennings             Keyserling
Kinon                Kirsh                Knotts
Lanford              Lee                  Limehouse
Littlejohn           Lloyd                Loftis
Marchbanks           Mason                McCraw
McElveen             McMahand             Meacham
Moody-Lawrence       Neal                 Neilson
Phillips             Quinn                Rhoad
Richardson           Sandifer             Scott
Seithel              Shissias             Simrill
Stille               Townsend             Tripp
Trotter              Vaughn               Waldrop
Whipper, L.          Whipper, S.          Wilder
Wilkes               Wright               

Total--65

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 67; Nays 34
Printed Page 4116 . . . . . Thursday, May 23, 1996

Those who voted in the affirmative are:
Allison             Anderson            Breeland
Brown, G.           Brown, J.           Brown, T.
Byrd                Cain                Canty
Cave                Chamblee            Clyburn
Cobb-Hunter         Cooper              Davenport
Easterday           Fleming             Govan
Hallman             Harris, J.          Hines, J.
Hines, M.           Howard              Hutson
Inabinett           Jennings            Keyserling
Kinon               Kirsh               Knotts
Lanford             Limehouse           Littlejohn
Lloyd               Loftis              Marchbanks
Mason               McCraw              McElveen
McKay               McMahand            Meacham
Moody-Lawrence      Neal                Neilson
Phillips            Quinn               Richardson
Sandifer            Scott               Seithel
Shissias            Simrill             Stille
Townsend            Tripp               Trotter
Vaughn              Waldrop             Whipper, L.
Whipper, S.         White               Wilder
Wilkes              Williams            Wright
Young

Total--67

Those who voted in the negative are:

Boan                 Brown, H.            Carnell
Cato                 Cotty                Dantzler
Felder               Fulmer               Gamble
Harrell              Harvin               Herdklotz
Jaskwhich            Keegan               Kelley
Klauber              Koon                 Law
Limbaugh             Martin               McAbee
Rice                 Riser                Robinson
Sharpe               Smith, D.            Smith, R.
Stuart               Tucker               Wells

Printed Page 4117 . . . . . Thursday, May 23, 1996

Whatley              Witherspoon          Wofford
Young-Brickell       

Total--34

So, the amendment was adopted.

LEAVES OF ABSENCE

The SPEAKER granted Rep. GOVAN a leave of absence for the remainder of the day.

The SPEAKER granted Rep. KEEGAN a leave of absence for the remainder of the day due to medical reasons.

AMENDMENT NO. 28A

MOTION TO RECONSIDER REJECTED

Rep. QUINN moved to reconsider the vote whereby Amendment No. 28A was adopted.

Rep. FELDER moved to adjourn debate upon the motion to reconsider.

Rep. RICHARDSON moved to table the motion to adjourn debate.

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

Yeas 62; Nays 39

Those who voted in the affirmative are:

Allison              Anderson             Breeland
Brown, J.            Brown, T.            Byrd
Cain                 Canty                Cave
Chamblee             Clyburn              Cobb-Hunter
Davenport            Easterday            Fleming
Gamble               Hallman              Harris, J.
Hines, J.            Hines, M.            Howard
Hutson               Inabinett            Jennings
Keyserling           Kinon                Kirsh
Lanford              Lee                  Limehouse
Littlejohn           Lloyd                Loftis
Marchbanks           Mason                McCraw
McElveen             McMahand             Meacham
Moody-Lawrence       Neal                 Phillips
Quinn                Richardson           Sandifer

Printed Page 4118 . . . . . Thursday, May 23, 1996

Scott                Seithel              Shissias
Simrill              Townsend             Tripp
Trotter              Vaughn               Waldrop
Walker               Whipper, L.          Whipper, S.
White                Wilder               Williams
Wright               Young

Total--62

Those who voted in the negative are:

Boan                 Brown, H.            Carnell
Cato                 Cooper               Cotty
Dantzler             Felder               Fulmer
Harrell              Harvin               Herdklotz
Jaskwhich            Kelley               Klauber
Knotts               Koon                 Law
Limbaugh             Martin               McAbee
McKay                Rhoad                Rice
Riser                Robinson             Sharpe
Smith, D.            Smith, R.            Stille
Stuart               Tucker               Wells
Whatley              Wilkes               Wilkins
Witherspoon          Wofford              Young-Brickell

Total--39

So, the motion to adjourn debate on the motion to reconsider was tabled.

The question then recurred to the motion to reconsider the vote whereby Amendment No. 28A was adopted.

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

Yeas 40; Nays 58

Those who voted in the affirmative are:

Boan                 Brown, H.            Brown, T.
Carnell              Cato                 Cooper
Cotty                Cromer               Dantzler
Felder               Fulmer               Harrell

Printed Page 4119 . . . . . Thursday, May 23, 1996

Harvin               Herdklotz            Jaskwhich
Kelley               Klauber              Knotts
Koon                 Law                  Limbaugh
McAbee               McKay                Rhoad
Rice                 Riser                Robinson
Sharpe               Smith, D.            Smith, R.
Stuart               Townsend             Tucker
Wells                Whatley              Wilkes
Wilkins              Witherspoon          Young
Young-Brickell

Total--40

Those who voted in the negative are:

Allison              Anderson             Breeland
Brown, G.            Brown, J.            Byrd
Cain                 Canty                Cave
Chamblee             Clyburn              Cobb-Hunter
Davenport            Easterday            Fleming
Gamble               Hallman              Harris, J.
Hines, J.            Hines, M.            Howard
Hutson               Inabinett            Jennings
Keyserling           Kinon                Kirsh
Lanford              Lee                  Limehouse
Littlejohn           Lloyd                Loftis
Marchbanks           Mason                McCraw
McElveen             McMahand             Meacham
Moody-Lawrence       Neal                 Phillips
Quinn                Richardson           Sandifer
Scott                Seithel              Shissias
Simrill              Stille               Trotter
Vaughn               Waldrop              Whipper, L.
Whipper, S.          White                Wilder
Wright               

Total--58

So, the motion to reconsider was rejected.


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