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| "Section 6-1-70. If a county or municipality imposes a tax or fee on the transfer of real estate which is not specifically authorized by general law, the revenues of the fee or tax must be remitted to the State Treasurer for deposit to the credit of the general fund of the State."
B. Section 4-9-30(12) of the 1976 Code, as last amended by Act 495 of 1988, is further amended to read:
"(12) to levy uniform license taxes upon persons and businesses engaged in or intending to engage in a business, occupation, or profession, in whole or in part, within the county but outside the corporate limits of a municipality except those persons who are engaged in the profession of teaching or who are ministers of the gospel and rabbis, except persons and businesses acting in the capacity of telephone, telegraph, gas and electric utilities, suppliers, or other utility regulated by the Public Service Commission and except an entity which is exempt from license tax under another law or a subsidiary or affiliate of any such exempt entity. If a county levies a business license tax or fee on an insurance company, the revenues of the fee or tax must be remitted to the State Treasurer for deposit to the credit of the general fund of the State. The license tax must be graduated according to the gross income of the person or business taxed. A business engaged in making loans secured by real estate is subject to the license tax only if it has premises located in the county but outside the corporate limits of a municipality. If the person or business taxed pays a license tax to another county or to a municipality, the gross income for the purpose of computing the tax must be reduced by the amount of gross income taxed in the other county or municipality;"
C. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. GONZALES raised the Point of Order that Amendment No. 337 was out of order as it was not germane. He further stated that it said in effect that if a local government imposed a certain type of fee or tax that the money would be sent back to the State to be deposited in the general
Rep. BOAN stated on page 3 in the new language the revenues would be deposited and remitted to the State Treasurer for the proper deposit to the credit of the general fund. He further stated that this was affecting a line in Section 128, the revenue section in much the same way the video poker machine amendment by Rep. RICHARDSON did earlier.
Rep. GONZALES stated that the money that was attempting to be placed back in the bill in Part I had not been placed there.
SPEAKER Pro Tempore WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. TOWNSEND proposed the following Amendment No. 340 (Doc Name L:\council\legis\amend\GJK\20627SD.94), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately
numbered SECTION to read:
"Section 59-20-20(3) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(3) `Index of taxpaying ability' means an index of a local district's relative fiscal capacity in relation to that of all other districts of the State based on the full market value of all taxable property of the district assessed on the basis of property classification assessment ratios set forth in Article 3, Chapter 43 of Title 12 for the second most recent completed
The index of taxpaying ability of a district also must be adjusted to reflect the true market value for a manufacturing facility that is closing, or has closed, in the current year if that facility represented more than two percent of the total local revenue for that district.
The index must be determined annually by the Department of Revenue and Taxation on the basis of the most current sales ratio data available based on studies made pursuant to Section 12-43-250 for assessed property within a school district. The sales ratio data utilized must be based on annual ratio studies made within the previous two calendar years. The Department of Revenue and Taxation shall provide the index not later than March first to the State Department of Education and to the auditor of each county who shall provide the index to any governmental entity responsible for approving or levying of millages for school purposes. Changes and corrections may be made to the index before March first but no change is allowed after that date. When the assessment of property is under appeal and the appeal extends beyond the year in which the assessment made pursuant to Section 12-43-305 is applied, the Department of Revenue and Taxation shall adjust the index of taxpaying ability in the year in which the appeal is resolved by the amount of any difference between the assessments. Any school district is entitled to a hearing before the Department of Revenue and Taxation to review its designated index of taxpaying ability within thirty days of filing a request for the hearing. The data gathered by the Department of Revenue and Taxation
Renumber sections & amend totals/title to conform.
Rep. STILLE explained the amendment.
The amendment was then adopted.
Reps. CROMER, CLYBORNE, ALLISON, MARCHBANKS, GONZALES, HARRELL, HASKINS, LITTLEJOHN, MEACHAM, CATO, KLAUBER, COOPER, SHARPE, WOFFORD, GAMBLE, BAKER, WILKINS, DAVENPORT, WALKER, WELLS, HUTSON, H. BROWN, HALLMAN, TROTTER and A. YOUNG proposed the following Amendment No. 341 (Doc Name L:\council\legis\amend\CYY\15880AC.94), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately
numbered section to read:
A. Notwithstanding any other provision of law, no family may receive Aid to Families with Dependent Children benefits for more than thirty-six months unless the head of the household is incapable of employment because of a permanent and total disability or because of a disability that extends beyond the end of the thirty-six month period.
B. The Department of Social Services shall apply for a waiver to implement the provisions of subsection A.
C. Annually the Budget and Control Board shall determine the savings in state funds that will be realized by limiting Aid to Families with Dependent Children benefits to thirty-six months, as provided for in subsection A., and shall appropriate these funds to the Department of Social Services to expand and enhance its work support program.
D. This section takes effect July 1, 1994, and applies to families who apply for Aid to Families with Dependent Children benefits after June 30, 1994, and upon recertification of families receiving or who have been determined eligible to receive Aid to Families with Dependent Children as of July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. CROMER explained the amendment.
Rep. HODGES raised the Point of Order that Amendment No. 341 was out of order as it was not germane in that the State would have to seek a waiver in order to impact the state funds and it would not affect Part I and that had not been done so this did not relate to Part I.
Rep. CLYBORNE argued contra the Point in stating that the savings from this would be appropriated to the Department of Social Services for its work support program and that was tied in to the line in Part I that dealt with the job program in the local counties.
Rep. COBB-HUNTER stated that it was not germane as what it related to and what it actually said were different.
SPEAKER Pro Tempore WILKINS sustained the Point of Order and ruled the
amendment out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately
numbered SECTION to read:
State-supported colleges and universities, including technical colleges, shall not increase the tuition and fees charged to in-state undergraduate students until the institutions recapture and maintain one hundred percent of the total education and general cost for out-of-state undergraduate students. Beginning July 1, 1994, the Commission on Higher Education shall reduce the subsidy for out-of-state undergraduate students by five percent each year until the state subsidy is at twenty-five percent of the total education and general cost. At the end of these periods, the state subsidy for such undergraduate students shall be twenty-five percent of the total education and general cost.
Should there be any in-state undergraduate tuition increase in violation of this section, the appropriations in this act to that institution shall be reduced by the amount generated by that increase."/
Renumber sections & amend totals/title to conform.
Rep. McTEER explained the amendment.
The amendment was then adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a
new SECTION, appropriately numbered, to read:
A. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-80. If a county or municipality imposes a tax or fee not specifically authorized by general law on any transaction subject to a state imposed tax or fee including, but not limited to, sales of real property; retail sales; beer, wine, and alcoholic beverage licensing and permitting; and furnishing accommodations, the revenues of the county or municipal tax or fee must be remitted to the State Treasurer line 8, Section 10, General Appropriations Act for 1994-1995, for deposit to the credit of the General Fund of the State."
B. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. GONZALES raised the Point of Order that Amendment No. 344 was out of order as it was not germane as it did not relate to money in Part I.
Rep. KELLEY argued contra the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. COBB-HUNTER moved to reconsider the vote whereby Amendment No. 145 was adopted.
Rep. GOVAN moved to table the motion to reconsider.
Those who voted in the affirmative are:
Anderson Askins Bailey, G. Bailey, J. Boan Breeland Brown, H. Brown, J. Byrd Canty Carnell Chamblee Cobb-Hunter Cooper Farr Felder Govan Harrelson Harris, P. Harvin Harwell Hines Holt Houck Huff Inabinett Kennedy Keyserling Kinon McAbee McTeer Neal Phillips Rhoad Richardson Riser Scott Spearman Stoddard Trotter Whipper White Wilder, D. Wilder, J. Williams Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Baker Barber Baxley Cato Clyborne Cromer Davenport Delleney Elliott Fair Fulmer Gamble Gonzales Graham Hallman Harrell Harris, J. Harrison Haskins Hodges Hutson Keegan Kelley Kirsh Klauber Koon Littlejohn Marchbanks Martin Mattos McCraw McElveen Neilson Quinn Robinson Rogers Rudnick Sheheen Shissias Simrill Smith, D. Smith, R. Snow Stille Stone
Stuart Sturkie Thomas Vaughn Waites Waldrop Walker Wells Wilkes Wilkins Witherspoon Worley Wright Young, A.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. FAIR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Baker Barber Baxley Cato Clyborne Cromer Davenport Delleney Elliott Fair Farr Fulmer Gonzales Graham Hallman Harrell Harrison Haskins Hodges Houck Hutson Jaskwhich Keegan Kelley Keyserling Kirsh Klauber Koon Marchbanks Mattos McCraw McElveen Neilson Robinson Rogers Rudnick Sheheen Shissias Simrill Smith, D. Smith, R. Snow Stille Stone Sturkie Thomas Vaughn Waites Waldrop Walker Wilkes Wilkins Wofford Worley Wright Young, A.
Anderson Askins Bailey, G. Bailey, J. Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Canty Carnell Chamblee Cobb-Hunter Cooper Corning Felder Gamble Govan Harrelson Harris, J. Harris, P. Harvin Harwell Hines Holt Inabinett Kennedy Kinon Littlejohn Martin McAbee McTeer Phillips Rhoad Richardson Riser Scott Spearman Stoddard Stuart Trotter Whipper White Wilder, D. Wilder, J. Williams Witherspoon
So, the motion to reconsider was agreed to.
Rep. SCOTT spoke in favor of the amendment.
Rep. HASKINS raised the Point of Order that Amendment No. 145 was out of order as it was not germane in that it did not have an impact on the budget under consideration.
Rep. SCOTT argued contra the Point in stating that there were previous amendments that were germane.
The SPEAKER stated that he had ruled the previous amendment germane because the line item in Part I was the same as what was referred to Part II and this did not relate to anything in Part I and he sustained the Point of Order and ruled the amendment out of order.
Rep. MARTIN proposed the following Amendment No. 347 (Doc Name L:\council\legis\amend\DKA\3318AC.94), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
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