Debate was resumed on Amendment No. 30, which was proposed on Wednesday, March 22, by Reps. CROMER, SHISSIAS and STUART.
Rep. WILKINS explained the amendment and moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Fair Felder Fleming Fulmer Hallman Harrell Harris, J. Harris, P. Harrison Harwell Haskins Herdklotz Huff Keegan Kelley Kinon Kirsh Klauber Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Quinn Rice Richardson Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Tripp Trotter Vaughn Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Worley Young, A. Young, J.
Askins Bailey Baxley Beatty Boan Breeland Brown, G. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Elliott Gamble Govan Hines Hodges Howard Inabinett Kennedy Keyserling Knotts Koon Lloyd Martin McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Riser Rogers Scott Sheheen Shissias Spearman Stoddard Stuart Thomas Tucker Whipper, L. Whipper, S. White Wilkes Williams Wright
So, the amendment was tabled.
Rep. DAVENPORT proposed the following Amendment No. 39 (Doc Name L:\council\legis\amend\PT\1856DW.95), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, SECTION 2, Page 3651-2, Line 9, by striking /12-43-220(c)/ and inserting /12-43-220/.
Amend title to conform.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. WRIGHT proposed the following Amendment No. 42 (Doc Name L:\council\legis\amend\DKA\3835HTC.95), which was tabled.
Amend the report, as and if amended, Section 11-11-330, as contained in
SECTION 1, page 3651-2, by inserting an appropriately lettered subsection
immediately after line 5 to read:
Amend further by striking SECTIONS 4 through 9 and inserting:
/SECTION 4. A. Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) an amount of the fair market value of real property, not including agricultural real property, equal to increases in such value resulting from countywide reassessment programs occurring after the current owner acquired the property. This exemption does not extend to increases in fair market value attributable to permanent improvements, unless such improvements merely restore the status quo ante of a structure damaged or destroyed by mishap or natural disaster. When ownership of real property benefiting from this exemption changes, the fair market value of the property escalates to its then current fair market value. For purposes of this exemption, the acquisition of residential property assessed pursuant to Section 12-43-220(c) by interspousal gift or by a surviving spouse by devise or operation of law is not considered a change of ownership."
B. This section is effective for increases in fair market value occurring as a result of reassessment programs occurring after 1994.
SECTION 5. A. Article 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-60. The governing body of a county, municipality, special
purpose or public service district, and the governing body authorized by law to
levy school taxes may not increase the millage rate it imposes for a tax year
over the millage rate it imposed for the prior tax year by more than the
percentage increase in the consumer price index in the most recently completed
calendar year, without 3/5 vote of the governing body. Any additional increase
requires 2/3 vote of governing body."
Renumber sections to conform.
Amend title to conform.
Rep. WRIGHT explained the amendment and moved to table the amendment, which was agreed to.
Rep. ROGERS proposed the following Amendment No. 44 (Doc Name L:\council\legis\amend\PT\1859DW.95), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, Page 3651-4, SECTION 4, by inserting immediately after Line 21:
/(D) Notwithstanding any provision of law to the contrary, after an action is taken by the governing body which is provided for in this section, the provisions of Article 13, Chapter 9, Title 4, may be utilized to initiate a petition amending or rejecting an ordinance adopted by the governing body./
Amend the Report further, as and if amended, Page 3651-5, SECTION 5, by inserting immediately after Line 8:
/(D) Notwithstanding any provision of law to the contrary, after an action is taken by the governing body which is provided for in this section, the provisions of Article 13, Chapter 9, Title 4, may be utilized to initiate a petition amending or rejecting an ordinance adopted by the governing body./
Amend title to conform.
Rep. ROGERS explained the amendment and moved to table the amendment, which was agreed to.
Rep. ROGERS proposed the following Amendment No. 45 (Doc Name L:\council\legis\amend\PT\1855DW.95), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, in Section 4-9-142 of the 1976 Code as contained in SECTION 4; in Section 5-21-70 as contained in SECTION 5; and in Section 6-1-60 as contained in SECTION 6 by adding a new item (4) immediately following item (3) in subsection (A) of each of these sections to read:
/(4) to raise the revenue necessary to comply with state legislative and administrative mandates as defined in Section 4-9-55./
Renumber sections to conform.
Amend totals and title to conform.
Reps. LANFORD, G. BROWN, ELLIOTT, FELDER and STUART proposed the following Amendment No. 24, which was tabled.
Amend the bill, as and if amended, by adding the following items to be an appropriately numbered section to read:
Section . A. Section 4-9-55(c) of the 1976 Code is amended to read:
"The provisions of this section do not apply to:
(1) laws enacted to require funding of pension benefits existing on the effective date of this section;
(2) laws relating to the Judicial Department;
(3) criminal laws;
(4) election laws;
(5) the general appropriation act;
(6)(2) the Department of Education;
(7) special appropriations acts;
(8)(3) laws reauthorizing but not expanding then-existing statutory authority;
(9)(4) laws having a fiscal impact of less than ten cents per capita on a statewide basis; laws creating, modifying, or repealing noncriminal infractions."
B. Section 4-9-55 of the 1976 Code is further amended by adding an appropriately numbered item to read as follows:
"( ) As used in this chapter, the term `unfunded mandate' means: (1) a requirement imposed upon a county by the state or federal government which require a county to provide certain services, or take certain actions without providing full funding to pay for the services or actions required;
(2) limitations imposed by the state or federal government upon a county's authority to generate own-source revenue to pay for services provided by the county;
(3) exemptions granted by the state or federal government which reduce the county's tax base; or
(4) reductions in funds provided by the state or federal government to a county."
Renumber sections & amend title to conform.
Rep. LANFORD explained the amendment and moved to table the amendment, which was
agreed to.
Rep. SIMRILL moved to reconsider the vote whereby Amendment No. 23 was adopted.
Rep. FELDER moved to table the motion to reconsider and demanded the yeas and
nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cotty Cromer Delleney Elliott Felder Fleming Gamble Govan Harris, J. Harris, P. Hines Howard Inabinett Keegan Kennedy Keyserling Lanford Lloyd Martin McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Shissias Spearman Stille Thomas Townsend Tucker Whipper, L. Whipper, S. White Wilder Wilkes
Those who voted in the negative are:
Allison Brown, H. Cain Cato Chamblee Dantzler Davenport Easterday Fair Fulmer Hallman Harrell Harrison Harwell Haskins Herdklotz Huff Hutson Kelley Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn
Marchbanks Mason McKay Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stuart Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. FELDER demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Fair Fulmer Hallman Harrell Harrison Harwell Haskins Herdklotz Huff Hutson Kelley Kinon Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stuart Tripp Trotter Vaughn Walker Wells Whatley Wilkins
Witherspoon Wofford Worley< Wright Young, A. Young, J.
Those who voted in the negative are:
Askins Baxley Beatty Boan Breeland Brown, G. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Elliott Felder Fleming Gamble Govan Harris, J. Harris, P. Hines Hodges Howard Inabinett Keegan Kennedy Keyserling Lanford Lloyd Martin McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Shissias Spearman Stille Thomas Townsend Tucker Waldrop Whipper, L. Whipper, S. White Wilder Wilkes
So, the motion to reconsider was agreed to.
Reps. FELDER and LANFORD spoke in favor of the amendment.
Reps. VAUGHN, HARRELL and H. BROWN spoke against the amendment.
Rep. HASKINS moved to table the amendment.
Those who voted in the affirmative are:
Allison Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Fair Fulmer Hallman Harrell Harrison Harwell Haskins Herdklotz Huff Hutson Keegan Kelley Kinon Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stuart Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Elliott Felder Fleming Gamble Govan Harris, J. Harris, P. Hines Hodges Howard Inabinett Kennedy Keyserling Lanford Lloyd Martin McAbee
McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Shissias Spearman Stille Stoddard Thomas Townsend Tucker Whipper, L. Whipper, S. White Wilder Wilkes
So, the amendment was tabled.
Rep. HARRELL moved to reconsider the vote whereby Amendment No. 12 was tabled.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Brown, H. Brown, T. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, P. Harrison Harwell Haskins Herdklotz Huff Hutson Keegan Kelley Keyserling Kinon Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw McKay Meacham Moody-Lawrence Neilson Phillips Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R.
Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Bailey Baxley Beatty Boan Breeland Brown, G. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Govan Harris, J. Hines Hodges Howard Inabinett Kennedy Kirsh Klauber Lloyd Martin McAbee McElveen McMahand McTeer Neal Rhoad Rogers Scott Sheheen Spearman Stille Stoddard Stuart Tucker Whipper, L. Whipper, S. White Wilder Wilkes
So, the motion to reconsider was agreed to.