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Printed Page 2930, Mar. 2
| Printed Page 2950, Mar. 2
| Baxley Breeland Brown, G. Canty Cobb-Hunter Harvin Hines Hodges McAbee Rhoad Rudnick Scott Sheheen Stille Whipper White Wilkes
So, the motion to reconsider was tabled.
Reps. CLYBORNE, HARRISON, HARRELL, LAW, TOWNSEND, BARBER, COOPER, KEEGAN, CROMER, KELLEY, KOON, VAUGHN, BAKER, R. SMITH, RISER, D. SMITH, RICHARDSON, WILKINS, A. YOUNG, KLAUBER, HUFF, MEACHAM, GAMBLE, HUTSON, CATO, G. BAILEY, WOFFORD, LITTLEJOHN, WITHERSPOON, STONE, WALKER and STUART proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\JIC\5548HTC.94), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. A. Chapter 1, Title 11 of the 1976 Code is amended by adding:
"Section 11-1-95. In addition to any other limits on the revenue raising power, the governing body of a county, municipality, school district, or special purpose or public service district may not raise an existing tax or fee or impose an additional tax or fee or remove existing exemptions except upon a three-fourth's vote of the governing body."
B. This section takes effect July 1, 1994./
Renumber sections to conform.
Amend title to conform.
Rep. CLYBORNE explained the amendment.
Rep. HODGES raised the Point of Order that Amendment No. 4 was out of order as it was not germane in that the Bill amended Title 12 and the amendment amended Title 11.
Rep. CLYBORNE argued contra the Point.
Rep. HODGES argued that the Bill dealt with a two-thirds vote to exceed the cap and the amendment dealt with a three-fourths vote.
Rep. CLYBORNE continued to argue contra the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. CLYBORNE proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\JIC\5546HC.94), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, in SECTION 2, page 4633-3, by striking item (7) beginning on line 37 and inserting:
/(7) spending approved by the qualified electors of the county voting in a referendum held for this purpose./
Amend further, SECTION 3, page 4633-4, by striking item (7) beginning on line 22 and inserting:
/(7) spending approved by the qualified electors of the municipality voting in a referendum held for this purpose./
Amend further, SECTION 4, page 4633-5, by striking item (7) beginning on line 5 and inserting:
/(7) spending approved by the qualified electors of the special purpose or public service district voting in a referendum held for this purpose./
Amend further, SECTION 5, page 4633-5, by striking item (4) beginning on line 23 and inserting:
/(4) revenues of additional ad valorem taxes approved by the qualified electors of the school district voting in a referendum held for this purpose./
Amend title to conform.
Rep. CLYBORNE explained the amendment.
Rep. GONZALES spoke against the amendment.
Rep. BOAN moved to table the amendment.
Rep. CLYBORNE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Bailey, J. Baxley Boan
Breeland Brown, G. Canty Carnell Cobb-Hunter Cromer Delleney Elliott Gonzales Govan Harrelson Harris, J. Harvin Harwell Hines Hodges Holt Houck Huff Inabinett Jaskwhich Jennings Kennedy Keyserling Kinon Kirsh Marchbanks Martin Mattos McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neilson Phillips Rhoad Richardson Robinson Rogers Rudnick Scott Sheheen Snow Spearman Stille Stoddard Stuart Thomas Trotter Tucker Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Worley
Those who voted in the negative are:
Allison Bailey, G. Baker Brown, H. Cato Chamblee Clyborne Cooper Davenport Fair Fulmer Gamble Hallman Harrell Harrison Haskins Hutson Keegan Kelley Klauber Koon Lanford Law Littlejohn McKay Meacham Quinn Riser Sharpe Shissias Simrill Smith, D. Smith, R. Stone Townsend Vaughn Waldrop Walker Wells Witherspoon Wofford Wright Young, A.
Rep. CLYBORNE proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\JIC\5557HC.94), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Notwithstanding any other provision of law, no law enacted after June 30, 1994, by the General Assembly requiring a county, municipality, school district, special purpose or public service district to spend funds or to take an action requiring the expenditure of funds is binding on these entities unless the General Assembly provides funding to these entities sufficient to offset the costs incurred./
Renumber sections to conform.
Amend title to conform.
Rep. CLYBORNE explained the amendment.
Rep. McABEE raised the Point of Order that Amendment No. 6 was out of order as it was not germane.
Rep. QUINN stated that there are several sections of law in Section 2 that do not amend any title but are temporary provisions.
The SPEAKER stated that they are law now since a previous amendment was adopted.
Rep. HASKINS stated that the amendment did amend Title 12.
The SPEAKER stated that one dealt with funding mandates for the General Assembly and the other dealt with spending limits on local governments and they are not related and he sustained the Point of Order and ruled the amendment out of order.
Reps. CLYBORNE, CROMER, STONE, H. BROWN, LAW, P. HARRIS, HARRISON, TOWNSEND, RHOAD, BARBER, COOPER, HARRELL, WITHERSPOON, KELLEY, VAUGHN, BAKER, LITTLEJOHN, HUTSON, D. SMITH, A. YOUNG, G. BAILEY, RISER, WOFFORD, KOON, R. SMITH, RICHARDSON, KLAUBER, HUFF, MEACHAM, CATO and KEEGAN proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\JIC\5551HC.94).
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
"In no event should the The original cost must not be reduced more than eighty ninety percent. In the year of acquisition, depreciation shall be is allowed as if the property were owned for the full year. The term `original cost' shall mean means gross capitalized cost as shown by the taxpayer's records for income tax purposes."
B. This section applies for property tax years after 1993./
Renumber sections to conform.
Amend title to conform.
Rep. CLYBORNE explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 7 was out of order as it was not germane.
The SPEAKER stated that the Bill did not deal with evaluations of personal assessment of personal property taxes or manufactured machinery or equipment or adjustments in those allowances.
Rep. CLYBORNE argued contra the Point.
Rep. BAKER stated that Section 6 dealt with manufacturer's property.
Rep. McABEE stated that personal property was boats and cars.
The SPEAKER stated that 12-4-540 dealt with the assessment of transfers and gives the Department of Revenue the authority to assess the property which is covered under 12-37-930 and that it was germane and he overruled the Point of Order.
Rep. McABEE moved to table the amendment.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Baxley Boan Breeland Canty Carnell Cobb-Hunter Cromer Delleney Elliott Govan Harrelson Harris, J. Harvin Harwell Hines Hodges Houck Inabinett Kennedy Kinon
Kirsh McAbee McCraw McTeer Moody-Lawrence Neal Phillips Rhoad Scott Sheheen Spearman Stille Stuart Tucker Whipper White Wilder, J. Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, J. Baker Brown, H. Cato Chamblee Clyborne Cooper Corning Davenport Fair Felder Fulmer Gamble Gonzales Graham Hallman Harrell Harris, P. Harrison Haskins Holt Huff Hutson Jaskwhich Keegan Kelley Keyserling Klauber Koon Law Littlejohn Marchbanks Mattos McElveen McKay Meacham Quinn Richardson Riser Robinson Rudnick Sharpe Shissias Simrill Smith, D. Smith, R. Snow Stone Thomas Townsend Trotter Vaughn Waldrop Walker Wells Wilder, D. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to table the amendment.
Rep. CLYBORNE spoke in favor of the amendment.
Rep. McELVEEN spoke against the amendment.
Rep. BAKER spoke in favor of the amendment.
Rep. J. BAILEY spoke against the amendment.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Beatty Elliott Hines Inabinett Kennedy McAbee Riser Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Askins Baker Baxley Boan Breeland Brown, G. Brown, H. Cato Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Fair Felder Fulmer Gamble Gonzales Govan Graham Hallman Harrelson Harris, J. Harris, P. Harwell Haskins Hodges Holt Houck Huff Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks McCraw McElveen McKay McTeer Meacham Neilson Phillips Quinn Richardson Robinson Rogers Rudnick Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Sturkie Thomas Townsend Trotter Tucker Vaughn Waldrop Walker
Wells White Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to adjourn.
Rep. CLYBORNE moved to adjourn debate upon the amendment, which was adopted.
Reps. McABEE, CARNELL and STONE proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\GJK\20414SD.94), which was adopted.
Amend the Report of the Committee on Ways and Means, as and if amended, by striking SECTIONS 6, 7, 8, 9, 10, 11, and 14 in their entirety.
Amend the report further, by striking SECTION 15 and inserting:
/SECTION 15. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend and title to conform.
Rep. McABEE explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. JENNINGS spoke in favor of the amendment.
The amendment was adopted.
Rep. HUTSON proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\JIC\5587HTC.94), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 2-7-60 of the 1976 Code is amended by adding at the end:
"The State Budget and Control Board and the General Assembly including its appropriate committees shall use a `zero-base' budget process in the preparation of the annual state general appropriations act beginning in 1995."/
Renumber sections to conform.
Amend title to conform.
The SPEAKER granted Rep. HARRISON a leave of absence for the remainder of the day.
Rep. BOAN raised the Point of Order that Amendment No. 14 was out of order as it was not germane.
Rep. HUTSON argued contra the Point.
The SPEAKER stated that it was not germane and he sustained the Point of Order and ruled the amendment out of order.
Reps. WILKINS, A. YOUNG, MEACHAM, ROGERS, MARCHBANKS, CLYBORNE, BAKER, HUFF, WELLS and FAIR proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\JIC\5589HTC.94), which was adopted.
Amend the Report of the Committee on Ways and Means, as and if amended, SECTION 2, page 4633-3, by striking beginning on line 13 /and ending with county government spending for fiscal years after 1997-98/.
Amend further, SECTION 2, page 4633-3, by inserting an appropriately numbered item immediately after line 35 to read:
/( ) spending necessary to comply with federal or state legislative, administrative, or judicial mandates requiring the expenditure of funds or the use of county personnel, facilities, or equipment;/
Amend further, SECTION 3, page 4633-4, by inserting an appropriately numbered item immediately after line 20 to read:
/( ) spending necessary to comply with federal or state legislative, administrative, or judicial mandates requiring the expenditure of funds or the use of municipal personnel, facilities, or equipment;/
Amend further, SECTION 4, page 4633-5, by inserting an appropriately numbered item immediately after line 3 to read:
/( ) spending necessary to comply with federal or state legislative, administrative, or judicial mandates requiring the expenditure of funds or the use of special purpose or public service district personnel, facilities, or equipment;/
Amend further, SECTION 5, page 4633-5, by inserting an appropriately numbered item immediately after line 21 to read:
/( ) Ad valorem tax revenues necessary to comply with federal or state legislative, administrative, or judicial mandates requiring the expenditure
Renumber sections and items to conform.
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. WALKER proposed the following Amendment No. 16 (Doc Name L:\council\legis\amend\CYY\15749HC.94), which was rejected.
Amend the Report of the Committee on Ways and Means, as and if amended, in Section 12-37-257, as contained in Section 1, page 4633-3, by adding an appropriately lettered subsection after line 8 to read:
/( ) For purposes of this section, full funding of the Education Finance Act for the current year is defined as the base student cost for fiscal year 1989-90 adjusted by the cumulative inflation rate for years since 1989-90 as determined by the Division of Research and Statistical Services of the State Budget and Control Board./
Renumber subsections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
Rep. BOAN moved to table the amendment.
Rep. LITTLEJOHN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Askins Bailey, G. Bailey, J. Baxley Boan Brown, J. Byrd Cobb-Hunter Cromer Delleney Felder Harrelson Harris, J. Haskins Hodges Holt Houck Huff Jennings Keegan Kinon Kirsh Martin Mattos McAbee McCraw McKay McMahand McTeer Neal Rogers Scott Sheheen Spearman
Stoddard Stone Tucker Vaughn Waldrop Wilder, J. Williams Worley
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