Printed Page 2970, Mar. 3
| Printed Page 2990, Mar. 3
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Printed Page 2970, Mar. 3
| Printed Page 2990, Mar. 3
| (a) any such referendum for approval of additional spending may be initiated by the vote of a majority of the governing body authorized by law to levy school tax millage in the school district or by a petition signed by fifteen percent of the qualified electors of the school district;
(b) only one referendum for approval of additional spending may be held within any two year period;
(c) a referendum may also be held on disapproval of any increased spending which has been approved by a two-thirds vote of the governing body authorized by law to levy school tax millage in the school district under this provision which increase has not been approved by referendum upon petition signed by fifteen percent of the qualified electors of the school district;
(d) only one referendum for disapproval of any particular increase in spending may be held within any two year period, and the results thereof, if favorable, shall bind the governing body authorized by law to levy school tax millage in the school district for a period of four years thereafter both as to that particular increase and any subsequent increase, unless the subsequent increase is approved by referendum as provided herein;
(e) any referendum called under the provisions of this section shall be held not less than 30 days and not more than six months after the call therefor, as determined by the governing body authorized by law to levy school tax millage in the school district, and the results of any referendum shall become effective with the first fiscal year beginning after the date of the referendum;
(f) in the case of natural disaster or other similar emergency, the governing body authorized by law to levy school tax millage in the school district may by a two-thirds vote approve a spending increase notwithstanding a referendum disapproving a spending increase within the preceeding four years but such emergency increase may not extend for more than one year and may only be approved after a public hearing advertised at least seven days in advance in a newspaper of general circulation in the affected jurisdiction;
(g) petitions submitted and elections held pursuant to this section shall be governed mutatis mutandis by the provisions applicable to the election
Amend title to conform.
Rep. GONZALES explained the amendment.
The SPEAKER granted Rep. WHITE a leave of absence for the remainder of the day.
Rep. GONZALES continued speaking.
The SPEAKER granted Rep. WILLIAMS a leave of absence for the remainder of the day due to a doctor's appointment.
Rep. BOAN moved to table the amendment.
Rep. GONZALES demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 49 to 31.
Reps. CLYBORNE, HUFF and WILKES proposed the following Amendment No. 29 (Doc Name L:\council\legis\amend\JIC\5648HTC.94), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. The penultimate paragraph of Section 12-37-930 of the 1976 Code is amended to read:
"In no event should the The original cost must not be reduced more than eighty percent for property tax years before 1995. For property tax year 1995 and thereafter, original cost must not be reduced below the amounts provided in the following schedule:
1995 nineteen percent
1996 eighteen percent
1997 seventeen percent
1998 sixteen percent
1999 fifteen percent
2000 fourteen percent
2001 thirteen percent
2002 twelve percent
After 2003 ten 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."/
Renumber sections to conform.
Amend title and totals to conform.
Rep. CLYBORNE was recognized.
Rep. ROBINSON moved to reconsider the vote whereby Amendment No. 16 was rejected and the motion was noted.
Rep. CLYBORNE explained the amendment.
Rep. WILKES spoke in favor of the amendment.
Rep. McABEE raised the Point of Order that Amendment No. 29 was out of order as it was not germane in that there is no section in the Bill now that deals with personal property.
Rep. WILKES argued contra the Point.
Rep. BAKER stated that Section 6 of the Bill gave the department the authority to appraise and assess all other personal property and this would fall under that category as personal property and that would make it germane.
The SPEAKER stated that a previous amendment struck Section 6 from the Bill and he sustained the Point of Order and ruled the amendment out of order.
The motion of Rep. ROBINSON to reconsider the vote whereby Amendment No. 16 was rejected, was taken up.
Rep. WALKER spoke in favor of the motion to reconsider.
Rep. ROGERS moved to table the motion to reconsider.
Rep. WALKER demanded the yeas and nays, which were taken resulting as
follows:
Alexander, M.O. Anderson Askins Bailey, G. Bailey, J. Baker Baxley Boan Breeland Brown, G. Brown, J. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Corning Cromer Delleney Elliott Farr Hallman Harris, J. Harris, P. Hines Holt Huff Hutson Inabinett Jennings Keegan Kennedy Keyserling Kirsh Law Marchbanks Martin Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Riser Robinson Rogers Rudnick Sharpe Sheheen Shissias Smith, R. Snow Spearman Stoddard Stone Trotter Whipper Wilder, D. Wilder, J. Wilkes Witherspoon Worley Wright
Those who voted in the negative are:
Allison Beatty Canty Cooper Davenport Gamble Govan Harrell Harvin Klauber Koon Lanford Littlejohn Meacham Richardson Simrill Smith, D. Stuart Sturkie Thomas Townsend Walker Wells Wofford Young, A.
Rep. HUFF moved to reconsider the vote whereby Amendment No. 13 was adopted.
Rep. HUFF spoke in favor of the motion to reconsider.
Rep. McABEE spoke against the motion to reconsider.
Rep. McABEE moved to table the motion to reconsider.
Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Bailey, J. Baxley Boan Breeland Canty Carnell Chamblee Cobb-Hunter Cromer Delleney Elliott Farr Govan Harris, J. Harris, P. Harvin Hines Hodges Houck Inabinett Jennings Keyserling Kinon Martin Mattos McAbee McCraw McElveen McMahand McTeer Neal Rhoad Rogers Sheheen Snow Spearman Stoddard Thomas Whipper Wilder, J.
Those who voted in the negative are:
Allison Bailey, G. Baker Brown, H. Cato Clyborne Cooper Corning Davenport Fair Felder Gamble Gonzales Hallman Harrell Holt Huff Hutson Keegan Kelley Kirsh Klauber Koon Lanford
Law Littlejohn Marchbanks McKay Meacham Moody-Lawrence Neilson Phillips Quinn Richardson Riser Robinson Rudnick Sharpe Shissias Simrill Smith, D. Smith, R. Stille Stone Stuart Sturkie Townsend Trotter Vaughn Walker Wells Wilder, D. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to table the motion to reconsider.
Rep. McABEE spoke against the motion to reconsider.
Rep. CLYBORNE spoke in favor of the motion to reconsider.
The SPEAKER granted Rep. STODDARD a leave of absence for the remainder of the day due to illness.
Reps. FELDER and WILKES spoke in favor of the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to by a division vote of 61 to 41.
Rep. McTEER moved to adjourn debate upon the amendment, which was adopted.
Reps. VAUGHN, WELLS, G. BAILEY, WITHERSPOON, WALKER, LITTLEJOHN, RISER, A. YOUNG, KENNEDY, WILKINS, TROTTER, DAVENPORT, HASKINS, CLYBORNE, ALLISON, HUTSON and FULMER proposed the following Amendment No. 32 (Doc Name L:\council\legis\amend\JIC\5603HTC.94), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. The provisions of Section 12-37-257 of the 1976 Code and of Sections 2, 3, 4, and 5 of this act must not be amended or repealed
Renumber sections to conform.
Amend title to conform.
Rep. VAUGHN explained the amendment.
Rep. BOAN moved to table the amendment.
Rep. VAUGHN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Bailey, G. Bailey, J. Baxley Boan Breeland Brown, G. Brown, J. Carnell Chamblee Cobb-Hunter Cromer Delleney Elliott Farr Felder Govan Harris, J. Harris, P. Harvin Hines Hodges Holt Inabinett Jennings Keegan Keyserling Kinon Law Martin Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Neilson Phillips Rhoad Rogers Rudnick Sheheen Smith, R. Snow Stone Stuart Waldrop Whipper Wilder, D. Wilder, J. Wilkes
Those who voted in the negative are:
Allison Baker Brown, H. Cato Clyborne Cooper
Corning Davenport Fair Gamble Gonzales Harrell Haskins Hutson Jaskwhich Kirsh Klauber Koon Littlejohn Marchbanks Meacham Moody-Lawrence Quinn Richardson Riser Robinson Sharpe Shissias Simrill Smith, D. Stille Sturkie Townsend Trotter Vaughn Walker Wells Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the amendment was tabled.
The SPEAKER granted Rep. NEILSON a temporary leave of absence.
Rep. BOAN proposed the following Amendment No. 34 (Doc Name L:\council\legis\amend\JIC\5652HTC.94), which was adopted.
Amend the Report of the Committee on Ways and Means, as and if amended, page 4633-3, lines 13 and 40, by striking /1994-95/ and inserting /1995-96/.
Amend further, page 4633-4, line 25, by striking /1994-95/ and inserting /1995-96/.
Amend further, page 4633-5, line 8, by striking /1994-95/ and inserting /1995-96/.
Amend title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Reps. HUFF, ALLISON, FULMER, QUINN, CATO, KLAUBER, CORNING, LANFORD, H. BROWN, STURKIE, SHARPE, KELLEY, KEEGAN, WALKER, STONE, HASKINS, WILKINS, LAW, MEACHAM, WELLS, HUTSON, CLYBORNE, HALLMAN, WITHERSPOON, WRIGHT, SIMRILL, D. SMITH, A. YOUNG, R. SMITH, WOFFORD, KOON, RICHARDSON, COOPER,
Amend the Report of the Committee on Ways and Means, as and if amended, page 4633-2, by striking lines 9 through 20 and inserting:
/(C)(1) Beginning with appropriations for fiscal year 1995-96, all growth in general fund revenues available for appropriation must first be applied for the annual reimbursement to school districts required pursuant to this section. If annual revenue growth is insufficient, then any surplus general fund revenues available must be used for the reimbursement and, to the extent necessary, these surplus revenues may not be appropriated for any other purpose. If the amount appropriated to reimburse school districts is insufficient to offset the revenue loss, then the State Budget and Control Board shall order midyear budget reductions in an amount sufficient to provide the full reimbursement. If a reduction is necessary, the board shall order agencies to identify spending priorities in agency budgets and the reduction ordered by the board shall apply first to these lower priorities. The board may exempt agencies or programs within agencies from these reductions./
Amend title to conform.
Rep. HUFF explained the amendment.
Rep. BOAN spoke against the amendment and moved to table the amendment.
Rep. R. YOUNG 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. Boan Breeland Brown, G. Canty Carnell Cobb-Hunter Cromer Delleney Elliott Farr Felder Govan Harris, J. Hines Hodges Holt Houck Inabinett Jennings Kennedy Keyserling Kinon Kirsh Marchbanks Martin Mattos McAbee McCraw McElveen
McLeod McMahand McTeer Moody-Lawrence Neal Phillips Rhoad Robinson Rogers Rudnick Sheheen Snow Trotter Waldrop Whipper Wilder, D. Wilder, J. Wilkes Worley
Those who voted in the negative are:
Allison Bailey, G. Baker Baxley Brown, H. Brown, J. Cato Chamblee Clyborne Cooper Corning Davenport Fair Fulmer Gamble Gonzales Hallman Harrell Haskins Huff Hutson Jaskwhich Keegan Kelley Klauber Koon Lanford Law Littlejohn McKay Meacham Quinn Richardson Riser Sharpe Shissias Simrill Smith, D. Smith, R. Stille Stone Stuart Sturkie Thomas Townsend Vaughn Walker Wells Wilkins Witherspoon Wofford Wright Young, A. Young, R.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. WALKER demanded the yeas and nays, which were taken resulting as follows:
Printed Page 2970, Mar. 3
| Printed Page 2990, Mar. 3
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