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"(A) The General Assembly may not provide for any general tax increase or enact new general taxes in the permanent provisions of the State General Appropriation Act or acts supplemental thereto, to it. and any such General tax increases or new general taxes must be enacted only by separate act passed by a vote of at least three-fifths of the members of each house."

B. The 1976 Code is amended by adding:

"Section 6-1-60. The various political subdivisions of the State may not increase the millage rate imposed for operating purposes, excluding utilities, for a tax year over the millage rate imposed for such purposes for the prior tax year by more than the percentage increase in the consumer price index in the most recently completed calendar year. As used in this section, `political subdivisions' include counties, municipalities, special purpose, or public service districts, and the governing bodies authorized by law to levy school taxes. An increase, not to exceed the increase allowed to reflect the consumer price index, may be imposed by a three-fifth's vote of the governing body. Any further increase may be imposed only if the increase is approved by a majority of the qualified electors of the political subdivision voting in a referendum called for this purpose."

C. This section takes effect July 1, 1995, except that subsection (B) applies for property tax years beginning after 1995. Any political subdivision which increases its ad valorem millage rates on or after January 1, 1996, in violation of Section 6-1-60 as amended by this section shall have its allocation from Aid to Subdivisions in Part IA, Section 68A of the 1995-96 general appropriations act, and in the applicable part of any future general appropriations act, reduced by the amount of the ad valorem taxes derived from the excess millage. No funds may be expended in any manner after July 1, 1995, or appropriated in any general appropriations act, including the 1995-96 general appropriations act, which are derived from a general tax increase enacted after July 1, 1995, which violates the provisions of Section 11-11-440 as amended by this section./

Renumber sections and amend totals and title to conform.

Senator WILSON argued in favor of the adoption of the amendment.

Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senators LEATHERMAN, WILSON, PASSAILAIGUE and THOMAS spoke on the Point of Order.

The PRESIDENT took the Point of Order under advisement.

Senator GREGORY proposed the following Amendment No. 239A (3362R308.CKG), which was tabled:

Amend the bill, as and if amended, Part II, on page 601, after line 31, by adding a new section to read:

Section 2-1-180 of the 1976 Code is amended to read:

"Section 2-1-180. The regular annual session of the General Assembly shall adjourn sine die each year not later than 5:00 p.m. on the first second Thursday in June May. In any year that the House of Representatives fails to give third reading to the annual General Appropriations Bill by March thirty-first fifteenth, the date of sine die adjournment is extended by one statewide day for each statewide day after March thirty-first fifteenth that the House of Representatives fails to give the bill third reading. The session may also be extended by concurrent resolution adopted by a two-thirds vote of both the Senate and House of Representatives. During the time between 5:00 p.m. on the first second Thursday in June May and the extended sine die adjournment date, as set forth herein, no legislation or other business may be considered except the General Appropriations Bill and any matters approved for consideration by a concurrent resolution adopted by two-thirds vote in both houses."

Amend sections, totals and title to conform.

Senator GREGORY argued in favor of the adoption of the amendment and Senator LEATHERMAN argued contra.

Senator GREGORY moved that the amendment be adopted.

Senator DRUMMOND moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Drummond          Ford             Giese

Glover            Land             Leatherman

Leventis          McConnell        McGill

Moore             O'Dell           Patterson

Reese             Short            Stilwell

Washington

Alexander         Bryan            Cork

Courson           Courtney         Elliott

Gregory           Hayes            Lander

Martin            Matthews         Mescher

Passailaigue      Peeler           Rankin

Richter           Rose             Russell

Ryberg            Setzler          Smith, G.

Thomas            Waldrep          Wilson

Senator LEVENTIS was recognized and argued contra to the adoption of the amendment.

Senator WASHINGTON raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator RYBERG raised a Point of Order that the Point of Order raised by Senator WASHINGTON was out of order inasmuch as it came too late.

The PRESIDENT overruled the Point of Order raised by Senator RYBERG.

Senators McCONNELL, GREGORY and WASHINGTON spoke on the Point of Order raised by Senator WASHINGTON.

The PRESIDENT overruled the Point of Order raised by Senator WASHINGTON.

Senator LEVENTIS argued contra to the adoption of the amendment.

Senator McCONNELL argued contra to the adoption of the amendment.

Senator STILWELL argued contra to the adoption of the amendment.

Senator McCONNELL moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Drummond          Ford             Giese

Glover            Jackson          Land

Lander            Leatherman       Leventis

Martin            Matthews         McConnell

McGill            Mescher          Moore

O'Dell            Passailaigue     Patterson

Reese             Rose             Short

Smith, G.         Smith, J.V.      Stilwell

Washington

Alexander         Bryan            Cork

Courson           Courtney         Elliott

Gregory           Hayes            Peeler

Rankin            Richter          Russell

Ryberg            Setzler          Thomas

Waldrep           Wilson

The amendment was laid on the table.

On motion of Senator SETZLER, with unanimous consent, Amendment No. 245 was taken up for immediate consideration.

Senators MOORE, SETZLER, PASSAILAIGUE and SHORT proposed the following Amendment No. 245 (S-EDUC\030.EMS), which was adopted:

Amend the bill, as and if amended, Part II, Section 83, page 592, line 1, by striking lines 1 through 3.

Amend the bill further, as and if amended, Part II, Section 83, page 592, line 5, by striking /State Board of Education/ and inserting:

/Joint Bond Review Committee which shall recommend to the General Assembly/.

Amend the bill further, as and if amended, Part II, Section 83, page 592, line 9, after /Committee./ by inserting:

/Those appointing the members must ensure that the five members are representative of all geographic areas of the state and that both urban and rural areas are represented./.

Amend the bill further, as and if amended, Part II, Section 83, page 592, line 9, after /years/ by inserting:

/only; however, of the initial appointments, the Governor's appointee shall serve a three year term, the appointees of the Senate and House Education Committee chairmen shall serve three year terms and the appointees of the House Ways and Means and Senate Finance Committee chairmen shall serve two year terms/.

Amend the bill further, as and if amended, Part II, Section 83, page 592, line 10 by striking:

/All members shall serve until their successors are appointed and qualify./.

/Section 59-144-65. The Joint Bond Review Committee shall annually recommend to the Senate Finance Committee and the House Ways and Means Committee, public school facility projects to be authorized and funded on a priority basis using the criteria developed pursuant to this chapter. The General Assembly shall annually provide for public school facility project authorizations from the Public Facilities Assistance Program funds and such authorizations must be established by a joint resolution originating in either the House of Representatives or the Senate.

Amend the bill further, as and if amended, Part II, Section 83, page 592, line 23 after /school facilities,/ by inserting:

/after authorization by the General Assembly/.

Amend the bill further, as and if amended, Part II, Section 83, page 593, line 1 by deleting line 1 and inserting:

/Section 59-144-120. The applications for projects which are eligible for state grants shall be ranked by/.

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator RANKIN proposed the following Amendment No. 240 (JIC\5967HTC.95), which was ruled out of order:

Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

The Department of Revenue and Taxation shall conduct a study of the laws of the fifty states to determine the fairest, most cost effective, and simplest to administer method of providing property tax relief to homeowners giving special regard to providing such relief to senior citizens living on fixed incomes and the disabled. The study should also

Amend sections, totals and title to conform.

Senator RANKIN argued in favor of the adoption of the amendment.

Senator RANKIN moved that the amendment be adopted.

Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senators RANKIN and LEATHERMAN spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Senator GREG SMITH proposed the following Amendment No. 243A (3362R310.GS), which was ruled out of order:

Amend the bill, as and if amended, Part II, on page 601, after line 31, by adding a new section to read:

A. Chapter 5, Title 61 of the 1976 Code is amended by adding:
"Section 61-5-185. (A) Permits authorized by Section 61-5-180 may be issued to bona fide nonprofit organizations and businesses established and licensed under Section 61-5-50, upon application and payment of the filing and permit fees, as authorized in subsection (B).

(1) the applicant is an organization or business that is located east of the intracoastal waterway in an area of the county that adjoins a county that has passed a referendum authorizing the issuance of permits pursuant to Section 61-5-180 and has annual accommodations tax collections in excess of six million dollars;

(2) the annual accommodation tax collections in the county where the applicant is located exceeds five hundred thousand dollars; and

(3) a majority of the qualified electors of the area vote in a referendum in favor of the issuance of the permits. The petition must clearly identify the area of the county for which the referendum is sought. The county election commission shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the area for which the authorization to issue permits is sought. The county election commission shall review and certify that the requisite number of signatures has been obtained within a reasonable period of time after receipt not to exceed thirty days and the referendum must be held not less than thirty nor more than forty days after such certification. The election commission shall cause a notice to be published in a newspaper circulated in the area of the county for which authorization to issue a permit is sought at least seven days before the referendum. The state election laws shall apply to the referendum mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the Department of Revenue. The question on the ballot shall read substantially as follows:

`Shall the Department of Revenue be authorized to issue temporary permits in the (portion of the unincorporated area of the county) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?'

A referendum for this purpose for a given county area may not be held more often than once in forty-eight months. However, nothing in this section shall be construed to affect a referendum held pursuant to Section 61-5-180.

The expenses of any such referendum must be paid by the county or municipality conducting the referendum."/

Amend sections, totals and title to conform.

Senator GREG SMITH explained the amendment.

Senator THOMAS raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senators THOMAS and GREG SMITH spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Senator GREGORY proposed the following Amendment No. 224 (PFM\7471BDW.95), which was tabled:

Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

A. The 1976 Code is amended by adding:

"Section 2-1-175. The regular annual session of the General Assembly shall convene on the second Tuesday in January and stand in recess until the second Tuesday in February. During the recess the committees of the Senate and House of Representatives may meet. The members of the General Assembly shall receive per diem during the recess when they are working in their Columbia office on statewide legislative days and when they attend committee meetings."

B. This section takes effect July 1, 1995./

Amend sections, totals and title to conform.

Senator GREGORY argued in favor of the adoption of the amendment.

Senator GREGORY moved that the amendment be adopted.

Senator MOORE moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Drummond          Ford             Giese

Glover            Jackson          Land

Lander            Leatherman       Martin

Matthews          McConnell        McGill

Mescher           Moore            O'Dell

Passailaigue      Patterson        Rankin

Reese             ShortSmith, G.

Smith, J.V.       Washington

Alexander         Bryan            Cork

Courson           Courtney         Elliott

Gregory           Hayes            Leventis

Peeler            Richter          Rose

Russell           Ryberg           Setzler

Stilwell          Thomas           Waldrep

Wilson

The amendment was laid on the table.

The PRESIDENT took up the Point of Order raised by Senator LEATHERMAN that Amendment No. 235 (GJK\21966SK.95) proposed by Senators WILSON, THOMAS, RUSSELL, COURSON, GREGORY and MARTIN was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT overruled the Point of Order.

The Senate proceeded to a consideration of Amendment No. 235.

Senator LANDER argued contra to the adoption of the amendment.

Senator LEATHERMAN requested under Rule 18 to divide the question.

Senator MARTIN spoke on the motion.

Senator SALEEBY spoke on the motion.

Senator LANDER moved to lay the amendment on the table.

Senator SETZLER raised a Point of Order that the motion to table was out of order inasmuch as the motion to divide the question was before the body.

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