Printed Page 1940, Mar. 22
| Printed Page 1960, Mar. 22
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Printed Page 1940, Mar. 22
| Printed Page 1960, Mar. 22
|
Rep. WILKES moved that the House do now adjourn.
Those who voted in the affirmative are:
Anderson Askins Bailey Beatty Boan Brown, G. Byrd Canty Carnell Cave Chamblee Clyburn Cobb-Hunter Davenport Felder Govan Harris, P. Harwell Hines Howard Inabinett Kennedy Keyserling Kinon Klauber Lloyd Martin McAbee McTeer Moody-Lawrence Neal Neilson Rhoad Rogers Scott Sheheen Spearman White Wilder Wilkes Wright
Those who voted in the negative are:
Allison Baxley Brown, H. Cain Cato Cooper Cotty Cromer Dantzler Delleney Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Haskins Herdklotz Huff Hutson Jennings Keegan Kelley Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw Meacham Phillips Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stille Stuart Thomas
Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, S. Wilkins Witherspoon Wofford Worley Young, A. Young, J.
So, the House refused to adjourn.
Rep. HARRELL spoke against the amendment.
Rep. McTEER spoke in favor of the amendment.
Rep. HASKINS spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. McTEER demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Askins Bailey Baxley Beatty Boan Brown, G. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Felder Govan Harris, J. Harwell Hines Hodges Howard Inabinett Kennedy Keyserling Lloyd Martin McAbee McCraw McTeer Moody-Lawrence Neal Neilson Phillips Rogers Scott Sheheen Shissias Spearman Stille Stuart Townsend Tucker Whipper, L. Whipper, S. White Wilder Wilkes
Allison Anderson Brown, H. Cain Cato Cooper Cotty Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harris, P. Harrison Haskins Herdklotz Huff Hutson Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Thomas Tripp Trotter Vaughn Waldrop Walker Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the amendment was rejected.
Rep. LIMBAUGH proposed the following Amendment No. 38 (Doc Name L:\council\legis\amend\GJK\21593SD.95), which was adopted.
Amend the bill, as and if amended, by striking the unnumbered subsection added to Section 59-73-35 of the 1976 Code by the amendment of Representative Limbaugh (doc. no. L:\COUNCIL\LEGIS\AMEND\GJK\21587SD.95) and inserting:
/( ) the provisions of this section do not apply to a school district in which any increase in the ad valorem school tax levy for a particular year must be approved by the qualified electors of the school district in a referendum./
Renumber sections to conform.
Amend totals and title to conform.
The amendment was then adopted.
Reps. HODGES, WILKES and BOAN proposed the following Amendment No. 40 (Doc Name L:\council\legis\amend\JIC\5674HTC.95), which was tabled.
Amend the report, as and if amended, Section 12-37-251(A), as contained in SECTION 2, page 3651-2, by striking lines 26 through 32 and inserting:
/No exemption calculated pursuant to this section may exempt more than 125,000 dollars of fair market value of a property for any one property tax year./
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Brown, T. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Fair Felder Fleming Fulmer Hallman Harrell Harrison Harwell Haskins Herdklotz Huff Hutson Keegan Kelley Kirsh Klauber Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McAbee Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Thomas 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 Baxley Beatty Boan Brown, G. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Gamble Govan Harris, J. Harris, P. Hodges Howard Inabinett Jennings Kennedy Keyserling Kinon Lloyd Martin McCraw McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Shissias Spearman Stille Stuart Tucker Whipper, L. White Wilder Wilkes
So, the amendment was tabled.
Rep. WILKES moved that the House do now adjourn.
Rep. H. BROWN raised the Point of Order that fifteen minutes had not elapsed
since a similar motion was made, which point was not sustained by the Chair.
Those who voted in the affirmative are:
Askins Baxley Beatty Boan Byrd Canty Carnell Cave Chamblee Cobb-Hunter Davenport Harris, J. Harris, P. Harwell Howard Inabinett Kennedy Keyserling Lloyd McAbee Moody-Lawrence Neal Sheheen Spearman Stille Tucker Waldrop Whipper, L. White Wilkes
Those who voted in the negative are:
Allison Bailey Brown, H. Cain Cato Clyburn Cooper Cotty Cromer Dantzler Delleney Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Herdklotz Huff Hutson Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw McTeer Meacham Neilson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Scott Seithel Sharpe Shissias Simrill Smith, R. Stuart Thomas Tripp Trotter Vaughn Walker Wells Whatley Whipper, S. Wilder Wilkins
Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the House refused to adjourn.
Reps. LANFORD, KOON, KNOTTS, BAILEY, ASKINS, WRIGHT and KENNEDY proposed the following Amendment No. 41 (Doc Name L:\council\legis\amend\JIC\5691HTC.95), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The State Election Commission shall conduct a statewide referendum on May 16, 1995, on the question of raising the sales tax in order to provide property tax relief. The state election laws apply to this referendum, mutatis mutandis. The commission shall canvass the results of the referendum and certify the results to the director of the Department of Revenue and Taxation and the Code Commissioner. The referendum question must read substantially as follows:
"Do you favor raising the statewide sales, use, and casual excise tax rate from five to seven percent to exempt food from the sales tax, to grant owner-occupied residential property an exemption from all property taxes, and to repeal the local option sales and use tax?
[] Yes
[] No
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."
SECTION 2. Chapter 36, Title 12 of the 1976 Code is amended by adding:
Section 12-36-1110. An additional sales, use, and casual excise tax equal to two percent of gross proceeds of sales or sales price is imposed pursuant to this chapter. Of the total revenue of the tax imposed by this article, an amount equal to 24.6 percent must be credited to the general fund of the State and 6.1 percent must be credited to the Education Improvement Act Fund. The remaining revenues must be credited to the State Property Tax Relief Fund in the State Treasury, a fund separate and distinct from the general fund of the State, and the revenue in this fund must be used to reimburse property taxing governmental entities for the
SECTION 3. Section 12-36-940 of the 1976 Code is amended to read:
"Section 12-36-940. Every retailer may add to the sales price:
(1) no amount on sales of ten cents or less;
(2) one cent on sales of eleven cents and over, but not in excess of twenty cents;
(3) two cents on sales of twenty-one cents and over, but not in excess of forty cents;
(4) three cents on sales of forty-one cents and over, but not in excess of sixty cents;
(5) four cents on sales of sixty-one cents and over, but not in excess of eighty cents;
(6) five cents on sales of eighty-one cents and over, but not in excess of one dollar;
(7) one cent additional for each twenty cents or major fraction thereon in excess of one dollar.
The inability, impracticability, refusal, or failure to add these amounts to the sales price and collect from the purchaser does not relieve the taxpayer from the tax levied by this article.
A retailer may add the amount of the tax to the sales price and the department shall prescribe tables providing the amount to be added to the sales price consistent with the total rate of the tax."
SECTION 4. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) food items eligible for purchase with United States Department of Agriculture food coupons, not including restaurant meals."
SECTION 5. Chapter 10, Title 4 of the 1976 Code is repealed.
SECTION 6. Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-251. Beginning for property tax year 1995, there is exempt from property tax one hundred percent of the fair market value of property assessed for ad valorem taxes pursuant to Section 12-43-220(c)."
SECTION 7. A. The gross proceeds of sales of tangible personal property delivered after June 30, 1995, in this State, either under the
B. Notwithstanding the date of general imposition of the tax imposed pursuant to Section 12-36-1110 of the 1976 Code, with respect to services that are regularly billed on a monthly basis, the tax is imposed beginning on the first day of the billing period beginning on or after July 1, 1995.
SECTION 8. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-75. In addition to any other limit imposed on the revenue raising power of municipalities, counties, and school districts, the governing body of a municipality or county, and the governing body authorized by law to levy school taxes may not impose for any property tax year millage in excess of the millage it imposed for the preceding tax year except upon a three-fifths majority vote of the governing body."
SECTION 9. Section 1 of this act takes effect upon approval by the Governor. The remaining provisions take effect July 1, 1995, but only if a majority "yes" vote is certified by the State Election Commission pursuant to Section 1 of this act./
Amend title to conform.
Rep. LANFORD explained the amendment.
Rep. MARCHBANKS moved to table the amendment.
Rep. LANFORD demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Anderson Boan Brown, H. Cain Cato Chamblee Clyburn Cooper Cotty Dantzler Delleney Easterday Fair Felder Fulmer Hallman Harrell Harris, J. Harrison Harwell Haskins Herdklotz Huff Jennings Keegan Kelley
Kinon Kirsh Klauber Law Limbaugh Littlejohn Marchbanks Martin Mason Meacham Neilson Rice Robinson Seithel Sharpe Simrill Smith, D. Smith, R. Tripp Trotter Vaughn Waldrop Walker Wells Wilkins Witherspoon Wofford Young, A. Young, J.
Those who voted in the negative are:
Askins Bailey Beatty Breeland Brown, G. Brown, T. Byrd Canty Carnell Cave Cobb-Hunter Cromer Davenport Fleming Gamble Govan Hodges Howard Hutson Inabinett Kennedy Keyserling Knotts Koon Lanford Limehouse Lloyd McAbee McCraw McTeer Moody-Lawrence Neal Phillips Quinn Rhoad Richardson Riser Rogers Sandifer Scott Sheheen Shissias Spearman Stille Stuart Thomas Townsend Tucker Whipper, L. White Wilder Wilkes Wright
So, the amendment was tabled.
Printed Page 1940, Mar. 22
| Printed Page 1960, Mar. 22
|