Printed Page 880, Feb. 21
| Printed Page 900, Feb. 21
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Printed Page 880, Feb. 21
| Printed Page 900, Feb. 21
| Amend the amendment proposed by Representative Harrison, et al, dated February 21, 1996, Document Name P:\AMEND\GJK\22373HTC.96, page 4, beginning on line 11, by striking /of alcoholic beverages, beer, or wine/;
Amend further, page 12, beginning on line 7, by striking /of alcoholic beverages, beer, or wine/.
Amend title to conform.
Rep. FULMER explained the amendment.
The amendment was then adopted.
Rep. ROGERS proposed the following Amendment No. 10 (Doc Name P:\amend\PFM\7994AC.96), which was adopted.
Amend the amendment as proposed by Representative Harrison, et al, as and if amended, dated February 21, 1996, DOC No. P:\AMEND\GJK\22373HTC.96, page 3, Section 4-9-142(B), by adding at the end:
/This subsection does not apply to the vote of a county council in the preparation or adoption of the budget of a school district that is not fiscally autonomous./
Amend title to conform.
Rep. ROGERS explained the amendment.
The amendment was then adopted.
Reps. STILLE and KIRSH proposed the following Amendment No. 11, which was ruled out of order.
Amend by adding appropriately numbered section which reads:
Notwithstanding any other provision of law, the imposition of a new tax or the increase of an existing tax by the General Assembly requires the vote of two-thirds of the membership of each House of the General Assembly.
Rep. STILLE explained the amendment.
Rep. SHEHEEN raised the Point of Order that Amendment No. 11 was out of order as it was not germane in that the Bill dealt with local government.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. HARRISON proposed the following Amendment No. 12, which was adopted.
Amend the amendment proposed by Harrison, Doc. No. 22373HTC.96 on page 13 by striking the last three lines of 2(A); "directly impacting the facilities begun after December 31, 1995."
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5183HTC.96), which was tabled.
Amend the bill, as and if amended, by striking Section 6-1-85, as contained in Section 1, page 1, and inserting:
/Section 6-1-85. Municipalities, counties, or special purpose or public service districts may not impose any taxes, charges, or fees on individuals, corporations, or other business entities except those fees, charges, or taxes enacted before December 31, 1995, or those fees, charges, or taxes expressly authorized by the General Assembly./
Amend title to conform.
Rep. D. SMITH moved to table the amendment, which was agreed to.
Rep. HUTSON proposed the following Amendment No. 3 (Doc Name P:\amend\JIC\5199HTC.96), which was tabled.
Amend the bill, as and if amended, in Section 6-1-85, as contained in Section 1, page 1, by inserting before the quotation marks on line 30:
/However, the provisions of this section do not apply when a user fee is imposed to defray the costs of a service currently provided by the jurisdiction and the jurisdiction's property tax millage is reduced to reflect at least the amount of property tax revenues expended by the jurisdiction in providing the service in the most recently completed fiscal year./
Amend title to conform.
Rep. HUTSON explained the amendment and moved to table the amendment, which was agreed to.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . A. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-85. Municipalities, counties, school districts, or special purpose districts may not impose any fee or tax of any nature or description on the transfer of real property unless the General Assembly has expressly authorized by general law the imposition of the fee or tax."
B. Notwithstanding the provisions of Section 6-1-85 of the 1976 Code as added by this act, the governing body of any municipality, county, school district, or special purpose district which has enacted and collected any fee or tax which is charged on the transfer of real estate may continue to collect the fees or taxes until the earlier of:
(1) the end of the entity's current fiscal year as of the effective date of this section; or
(2) January 1, 1997.
C. This section takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. FELDER explained the amendment.
The amendment was then adopted.
Rep. HARRISON proposed the following Amendment No. 13 (Doc Name P:\amend\PFM\7992HTC.96), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 4-29-67 of the 1976 Code, as last amended by Act 32 of 1995, is further amended by adding an appropriately lettered subsection at the end to read:
"( ) The provisions of Sections 4-9-142 and 5-21-70 do not apply with respect to calculating the fee in lieu of taxes allowed pursuant to this section and Chapter 12 of this title."/
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Add a new section:
/The provisions of this bill do not apply when a uniform service charge is imposed to defray the costs of a service currently provided by the jurisdiction and the jurisdiction's property tax millage is reduced to reflect at least the amount of property tax revenues expended by the jurisdiction in providing the service in the most recently completed fiscal year./
Amend title to conform.
Rep. HUTSON explained the amendment.
Rep. D. SMITH moved to table the amendment.
Rep. HUTSON demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 42 to 6.
Rep. HODGES inquired about the Bill requiring a two-thirds vote in accordance with Sec. 4-9-55.
The SPEAKER stated that the statute required that the General Assembly may not enact, amend or repeal any general law if the anticipated effect of doing so would be to reduce the authority that counties have to raise revenues in the aggregate, unless it is set by two-thirds of the members voting in each House.
Rep. ROGERS proposed the following Amendment No. 15 (Doc Name P:\amend\PFM\7995AC.96), which was adopted.
Amend the amendment proposed by Representative Harrison, et al, dated February 21, 1996, Document Name P:\AMEND\GJK\22373HTC.96, as and if amended, by deleting Section 4-9-142(B) and inserting:
/(B) Existing tax and uniform service charge rates may be further increased only upon a two-thirds vote of the governing body of the county. However, if the governing body has fewer than six members or more than twelve members, a three-fifths vote is required. Additionally, no supermajority is required to further increase the rate of the charges specifically authorized by this subsection if, in a referendum held for this purpose, a majority of the qualified electors of the county voting in the referendum approve the imposition of the increased rate of the existing charge. The referendum must be held only in that portion of the county where the rates of such charges are to be raised./
Amend title to conform.
The amendment was then adopted.
Rep. CAVE proposed the following Amendment No. 16 (Doc Name P:\amend\PFM\7995AC.96), which was tabled.
Amend the amendment proposed by Representative Harrison, et al, dated February 21, 1996, Document Name P:\AMEND\GJK\22373HTC.96, as and if amended, by deleting Section 4-9-142(B) and inserting:
/(B) Existing tax and uniform service charge rates may be further increased only upon a two-thirds vote of the governing body of the county. However, if the governing body has fewer than six members or more than twelve members, a three-fifths vote is required. Additionally, no supermajority is required to further increase the rate of the charges specifically authorized by this subsection if, in a referendum held for this purpose, a majority of the qualified electors of the county voting in the referendum approve the imposition of the increased rate of the existing charge. The referendum must be held only in that portion of the county where the rates of such charges are to be raised. The State must pay the costs of holding this referendum./
Amend title to conform.
Rep. CAVE explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. CAVE 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 Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Hutson Keegan Kelley Keyserling Kirsh Klauber Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason
McAbee Meacham Quinn Rice Richardson Riser Robinson Rogers Sandifer Seithel Simrill Smith, D. Smith, R. Spearman Stille Stuart Thomas Townsend Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Askins Baxley Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cromer Delleney Govan Harris, J. Harvin Herdklotz Hines, J. Hines, M. Hodges Howard Inabinett Jaskwhich Jennings Lee Lloyd Martin McMahand McTeer Moody-Lawrence Neilson Phillips Rhoad Scott Sheheen Shissias Stoddard Whipper, L. Whipper, S. White Wilder Wilkes
So, the amendment was tabled.
Rep. STILLE proposed the following Amendment No. 17, which was ruled out of order.
Add appropriate section:
Notwithstanding any other provision of law, the State must reimburse counties and municipalities for all previous unfunded mandates.
Rep. HARRISON raised the Point of Order that Amendment No. 17 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Reps. G. BROWN, McELVEEN and SCOTT spoke against the Bill.
Rep. HODGES moved to continue the Bill.
Rep. McTEER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey Baxley Breeland Brown, G. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Govan Harris, J. Harvin Hines, J. Hines, M. Hodges Howard Inabinett Jennings Keyserling Kinon Lee Lloyd Martin McCraw McElveen McMahand McTeer Moody-Lawrence Neilson Phillips Rhoad Rogers Scott Sheheen Stoddard Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams
Those who voted in the negative are:
Allison Brown, H. Brown, J. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Hallman
Harrell Harrison Haskins Herdklotz Hutson Jaskwhich Keegan Kelley Kirsh Klauber Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McAbee Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
So, the House refused to continue the Bill.
Rep. D. SMITH moved immediate cloture on the entire matter and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Brown, H. Brown, J. Cain Cato Chamblee Cotty Dantzler Davenport Delleney Easterday Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Herdklotz Hutson Keegan Kelley Kirsh Klauber Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason Meacham Neilson Quinn Rice Riser Robinson Sandifer
Seithel Simrill Smith, D. Smith, R. Spearman Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Baxley Breeland Brown, G. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cooper Cromer Felder Govan Harris, J. Harvin Hines, J. Hines, M. Hodges Howard Inabinett Jennings Keyserling Lee Lloyd Martin McCraw McElveen McMahand McTeer Moody-Lawrence Phillips Rhoad Richardson Rogers Scott Sheheen Shissias Stoddard Whipper, L. Whipper, S. White Wilder Wilkes Williams
So, immediate cloture was ordered.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Brown, J. Cain Cato Chamblee
Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Hutson Keegan Kelley Kirsh Klauber Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McAbee Meacham Quinn Rice Riser Robinson Sandifer Seithel Shissias Simrill Smith, D. Smith, R. Spearman Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Askins Bailey Baxley Breeland Brown, G. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Govan Harris, J. Harvin Herdklotz Hines, J. Hines, M. Hodges Howard Inabinett Jennings Keyserling Kinon Lee Lloyd Martin McCraw McElveen McMahand McTeer Moody-Lawrence Neilson Phillips Rhoad Richardson Rogers Scott Sheheen Stoddard Tucker Whipper, L.
Whipper, S. White Wilder Wilkes Williams
So, the Bill, as amended, was read the second time and ordered to third reading.
Printed Page 880, Feb. 21
| Printed Page 900, Feb. 21
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