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| Printed Page 2420, May 7
| Senator McCONNELL explained the amendment.
Senator LEVENTIS objected to further consideration of the Bill.
The following Bills having been read the second time were ordered placed on the third reading Calendar:
H. 4743 -- Reps. Cotty, Sheheen, Riser and Witherspoon: A BILL TO AMEND SECTION 48-11-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION AND ELECTION OF THE GOVERNING BODY OF A WATERSHED CONSERVATION DISTRICT, SO AS TO CHANGE THE METHOD BY WHICH A CANDIDATE FOR WATERSHED DIRECTOR BECOMES QUALIFIED.
On motion of Senator BRYAN, with unanimous consent, S. 876 was ordered to receive a third reading on Wednesday, May 8, 1996.
H. 3203 -- Rep. Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES OR APPOINTED OR ELECTED TO A COUNTY BOARD OF EDUCATION AFTER JULY 1, 1995, WHO PREVIOUSLY HAS NOT SERVED IN SUCH OFFICE, SHALL SUCCESSFULLY COMPLETE AN ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL REIMBURSE LOCAL SCHOOL DISTRICTS AND BOARDS OF EDUCATION FOR THE COST OF THESE ORIENTATIONS UP TO A MAXIMUM AMOUNT PER YEAR.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The Education Committee proposed the following amendment (S-EDUC\3203.1), which was adopted:
Amend the bill, as and if amended, on page 1, line 32 by striking / 1995 / and inserting: /1996/.
Amend the bill further, as and if amended, on page 1, line 42 by striking / 1995 / and inserting: /1996/.
Amend the bill further, as and if amended, on page 2, line 5 by striking / 1995 / and inserting: /1996/.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 930 -- Senators McConnell, Passailaigue, Rose, Mescher and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-11-270 SO AS TO PROVIDE A PROCEDURE BY WHICH THE REGISTERED ELECTORS RESIDING IN A SPECIAL PURPOSE DISTRICT WHOSE GOVERNING BODY IS CHOSEN BY THE LEGISLATIVE DELEGATION OF A COUNTY AND THE GOVERNING BODY OF A MUNICIPALITY MAY DECIDE WHETHER THEY WISH THE GOVERNING BODY OF THE DISTRICT TO BE ELECTED BY THE ELECTORS LIVING IN THE DISTRICT OR APPOINTED BY THE GOVERNING BODY OF THE MUNICIPALITY IN WHICH THE DISTRICT IS LOCATED, AND TO PROVIDE THAT IF THE DISTRICT GOVERNING BODY IS ELECTED, THE PROCEDURE BY WHICH THE MEMBERS OF THE GOVERNING BODY OF THE DISTRICT MUST BE ELECTED, AND TO MAKE THE SECTION APPLICABLE ONLY TO DISTRICTS EXISTING BEFORE MARCH 7, 1973, WHICH DO NOT HAVE ELECTED GOVERNING BODIES WITH AUTHORITY TO LEVY TAXES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD0930.001), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 28, in Section 4-11-270(D), as contained in SECTION 1, by striking item (2) in its entirety and inserting therein the following:
/(2) The governing body of a special purpose district, as referred to in subsection (A), may decide that its members may be elected from the district at large, at large with a district residency requirement, or from single member election districts./.
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator PASSAILAIGUE, with unanimous consent, S. 930 was ordered to receive a third reading on Wednesday, May 8, 1996.
H. 4663 -- Rep. Tucker: A BILL TO AMEND SECTION 18-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRANTING OF BAIL FOR A DEFENDANT APPEALING A CONVICTION, SO AS TO MAKE THE GRANTING OF BAIL DISCRETIONARY FOR DEFENDANTS CONVICTED OF CERTAIN OFFENSES.
On motion of Senator McCONNELL, the Bill was carried over.
At 1:05 P.M., Senator MARTIN assumed the Chair.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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, 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
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MOORE spoke on the Bill.
Due to possible conflicts with my private business, I am refraining from any votes involving approval of transactions relating to MUSC.
Senators WASHINGTON and FORD proposed the following Amendment No. P-2 (3915R008.MW), which was adopted:
Amend the committee report, as and if amended, by adding at the end an appropriately numbered new SECTION to read:
/SECTION . Upon approval of the proposed sale or lease of MUSC's facilities and assets to HCA, HCA shall take the steps necessary to create an employee grievance committee for the review of all employee disciplinary actions and terminations by HCA. The grievance procedure must provide that the final decision in any grievance involving a former MUSC employee rests with the board of directors of MUSC and that the final decision in grievances involving HCA employees rests with the official designated by HCA./.
Renumber sections to conform.
Amend title to conform.
Senator MOORE spoke on the amendment.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The amendment was adopted.
Senator McCONNELL proposed the following Amendment No. P-3 (3915R026.GFM), which was adopted:
Amend the committee report, as and if amended, page 3915-2, line 27, by adding after / Hospital / but before the / . / the following:
/and its clinical programs/.
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Senator McCONNELL proposed the following Amendment No. P-4 (3915R024.GFM), which was adopted:
Amend the committee report, as and if amended, page 3915-3, by striking lines 14 through 16 and inserting in lieu thereof the following:
/(9) Access for any person or group to use the services of the Medical University Hospital and clinical services shall not be limited, restricted, denied, or allowed in a discriminatory manner that is prohibited by law;
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
At 1:35 P.M., Senator SALEEBY requested a leave of absence until 3:15 P.M.
Senator McCONNELL proposed the following Amendment No. P-5 (3915R023.GFM), which was tabled:
Amend the committee report, as and if amended, page 3915-2, by striking lines 38 through 42 and continuing on to page 3915-3 and striking lines 1 through 2, and inserting in lieu thereof the following:
/(6) The name and logo of the Medical University of South Carolina and its affiliates shall not be used by any private operator to market and promote health care services in such a manner as to bring disrepute to the State of South Carolina, the Medical University of South Carolina or its affiliates, and may not be used except in a manner expressly approved in writing by the Medical University of South Carolina. However, the name of the State of South Carolina nor the Medical University of South Carolina shall be used in such a way in advertising as to endorse one private provider over another or as endorsing one provider over another or as endorsing a private provider./.
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN spoke on the amendment.
Senator MOORE moved to lay the amendment on the table.
The amendment was laid on the table.
Senators THOMAS, McCONNELL, REESE and FORD desired to be recorded as voting against the motion to table the amendment.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Senator THOMAS proposed the following Amendment No. P-6A (3915R034.DLT), which was tabled:
Amend the committee amendment, as and if amended, 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 purchasing or leasing Company shall make available to all of the citizens of South Carolina at the same cost, use of the following services:
(a) burn center services;
(b) pediatric intensive care;
(c) organ transplants, including bone marrow transplants;
(d) neo-natal intensive care; and
(e) the Level I trauma center.
Renumber sections to conform.
Amend title to conform.
Senator THOMAS argued in favor of the adoption of the amendment and Senator LEATHERMAN argued contra.
Senator LEATHERMAN moved to lay the amendment on the table.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Senator THOMAS proposed the following Amendment No. P-7 (3915R035.DLT), which was tabled:
Amend the committee report, as and if amended, 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, 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.
Senator THOMAS argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator MOORE moved to lay the amendment on the table.
The amendment was laid on the table.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Senators LEATHERMAN and J. VERNE SMITH proposed the following Amendment No. P-8A (GJK\22826SD.96):
Amend the Report of the Committee on Medical Affairs, as and if amended, in Section 44-7-3110 of the 1976 Code, as contained in SECTION 1, by striking the sentence which begins on line 39, page 3915-3, and inserting:
/The Consolidated Procurement Code for the master agreement, lease agreement, academic affiliation agreement, shared services agreement, licensing agreement, option termination agreement, and guaranty agreement authorized hereunder is waived./
Senator LEATHERMAN explained the amendment.
On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by recess, with Senator LEATHERMAN retaining the floor.
At 2:00 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 3:30 P.M.
The Senate reassembled at 3:35 P.M. and was called to order by the PRESIDENT.
Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
At 3:37 P.M., Senator LEATHERMAN moved that a call of the Senate be made. The following Senators answered the call:
Alexander Boan Bryan Cork Courtney Drummond Elliott Fair Giese Hutto Lander Leatherman Leventis Martin Matthews Mescher Moore O'Dell Passailaigue Patterson Peeler Richter Ryberg Setzler
Smith, G. Smith, J.V. Waldrep WashingtonA quorum being present, the Senate resumed.
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