Rep. H. BROWN 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 Baxley Boan Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Fair Felder Fulmer Hallman Harrell Harrison Haskins Herdklotz Huff Keegan Kelley Kirsh Klauber Law Limbaugh Limehouse Marchbanks Mason McAbee Meacham Neilson Quinn Rhoad Rice Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stille Tripp Trotter Vaughn Walker Wells Wilkins Witherspoon Wofford Worley Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Bailey Beatty Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Delleney Elliott Fleming Gamble Govan Harris, J. Harris, P. Hines Hodges Howard Hutson Inabinett Jennings Kennedy
Keyserling Kinon Knotts Koon Lanford Littlejohn Lloyd Martin McCraw McTeer Moody-Lawrence Neal Phillips Richardson Riser Rogers Scott Sheheen Shissias Stoddard Stuart Thomas Townsend Tucker Whatley Whipper, L. Whipper, S. White Wilder Wilkes Williams Wright
So, the House refused to table the amendment.
Reps. H. BROWN and WALKER spoke against the amendment.
Rep. KENNEDY spoke in favor of the amendment.
Rep. KENNEDY continued speaking.
Rep. SCOTT spoke in favor of the amendment.
Rep. BOAN spoke against the amendment.
Rep. LANFORD moved to adjourn debate upon the amendment, which was adopted.
The SPEAKER granted Rep. WELLS a temporary leave of absence due to illness.
Reps. WRIGHT, KNOTTS and VAUGHN proposed the following Amendment No. 25 (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:
/( ) Effective beginning with appropriations for the fiscal year beginning in the first property tax year after the tax exemption allowed
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. An additional increase, not to exceed the increase allowed to
reflect one-half 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."
Renumber sections to conform.
Amend title to conform.
Rep. WRIGHT explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. WRIGHT demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Anderson Baxley Boan Breeland Brown, H. Brown, T. Byrd Cain Canty Carnell Cave Clyburn Cobb-Hunter Dantzler Delleney Fleming Fulmer Govan Hallman Harrell Harris, P. Harwell Herdklotz Howard Huff Inabinett Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Law Limbaugh Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McTeer Meacham Moody-Lawrence Neal Rhoad Richardson Robinson Sandifer Scott Seithel Sheheen Simrill Smith, D. Smith, R. Stille Thomas Townsend Tucker Walker Whatley Whipper, L. Whipper, S. White Wilkins Witherspoon Wofford Worley Young, A. Young, J.
Askins Brown, G. Cato Chamblee Cooper Cotty Davenport Easterday Fair Felder Gamble Harris, J. Harrison Haskins Hutson Jennings Knotts Koon Lanford Limehouse Neilson Phillips Quinn Rice Riser Sharpe Shissias Spearman Stoddard Stuart Tripp Trotter Vaughn Waldrop Wilder Wilkes Williams Wright
So, the amendment was tabled.
Reps. WILKINS, ROBINSON, D. SMITH, LIMBAUGH, FULMER, LAW, WHATLEY, KELLEY, WRIGHT, A. YOUNG, KLAUBER, KIRSH, TRIPP, HASKINS, SEITHEL, TROTTER, SIMRILL, KOON, HUFF, LIMEHOUSE, CATO, HALLMAN, RICHARDSON, MEACHAM and VAUGHN proposed the following Amendment No. 26 (Doc Name L:\council\legis\amend\JIC\5679HTC.95), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 11-11-440(A) of the 1976 Code is amended to read:
"(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, and any such general tax increases or new general taxes must be enacted only by separate act passed by a vote of at least two-thirds of the members of each house."/
Renumber sections to conform.
Amend title to conform.
Rep. ROBINSON explained the amendment.
The question then recurred to the adoption of the amendment.
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Carnell Cato Cave Chamblee Clyburn Cooper Cotty Cromer Dantzler Delleney Easterday Fair Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Haskins Herdklotz Hines Huff Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Whatley Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon
Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Kennedy
So, the amendment was adopted.
Rep. COTTY proposed the following Amendment No. 27 (Doc Name L:\council\legis\amend\DKA\3836HTC.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 adding at the end of line 11 /The exemption allowed by this section does not extend to any millage for operating purposes levied pursuant to a referendum./
Amend further, page 3651-4, by adding beginning on line 15 /Notwithstanding the provisions of this subsection, no millage rate increase or fee rate increase imposed pursuant to this subsection may exceed an amount equal to the Consumer Price Index adjustment allowed pursuant to subsection (A) unless the additional increase is approved by referendum./
Amend further, page 3651-4, by striking beginning on line 17 /or payments for real property purchased using a lease-purchase agreement/.
Amend further, page 3651-5, by adding beginning on line 2 /Notwithstanding the provisions of this subsection, no millage rate increase or fee rate increase imposed pursuant to this subsection may exceed an amount equal to the Consumer Price Index adjustment allowed pursuant to subsection (A) unless the additional increase is approved by referendum./
Amend further, page 3651-5, by striking beginning on line 4 /or payments for real property purchased using a lease-purchase agreement/.
Amend further, page 3651-5, by adding beginning on line 36 /Notwithstanding the provisions of this subsection, no millage rate increase imposed pursuant to this subsection may exceed an amount equal to the Consumer Price Index adjustment allowed pursuant to subsection (A) unless the additional increase is approved by referendum./
Amend further, page 3651-5, by striking beginning on line 38 /or payments for
real property purchased using a lease-purchase agreement/.
Amend further, page 3651-6, by striking beginning on line 33 /or payments for real property purchased using a lease-purchase agreement/.
Amend title to conform.
Rep. COTTY explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. COTTY demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 70 to 15.
Rep. McTEER moved delayed cloture on the entire matter.
Rep. HASKINS moved immediate cloture on the entire matter.
Rep. McTEER raised the Point of Order that the motion to invoke immediate cloture was out of order as his motion was the first motion and had to be disposed of first.
The SPEAKER stated that Rule 8.5 did not specify whether delayed or immediate cloture took precedence. He further stated that it clearly stated that a tabling motion was a higher motion than the previous question, so you could move to table the previous question and that there was no distinction between delayed cloture or cloture as far as one being higher than the other.
Rep. SHEHEEN stated that on timed motions which are allowed by specified times that the House had never allowed tabling motions. He further stated that cloture was a timed motion.
The SPEAKER sustained the Point of Order.
The question then recurred to the motion to invoke delayed cloture, which was rejected.
Reps. HODGES and BOAN proposed the following Amendment No. 28 (Doc Name L:\council\legis\amend\JIC\5688AC.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 on line 28 /percentage/
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. MARTIN spoke in favor of the amendment.
Rep. ROBINSON moved to table the amendment.
Rep. MARTIN 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 Easterday Fair Fleming Fulmer Hallman Harrell Harrison Harwell Haskins Herdklotz Huff Hutson Keegan Kelley Kinon Kirsh Klauber Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McAbee Meacham Quinn Rice Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell
Cave Clyburn Cobb-Hunter Cromer Delleney Felder Gamble Govan Harris, J. Harris, P. Hines Hodges Howard Inabinett Jennings Kennedy Keyserling Knotts Lloyd Martin McCraw McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Rogers Scott Sheheen Spearman Stille Stuart Townsend Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams Worley
So, the amendment was tabled.
Rep. SIMRILL proposed the following Amendment No. 29 (Doc Name L:\council\legis\amend\DKA\3837HTC.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 14 through 18 and inserting /the homestead that is exempt from such millage is one-half of the fair market value capped at fifty-seven thousand dollars. In/.
Amend further, page 3651-2, by inserting before /must/ on line 22 /is one-half of the fair market value capped at an amount that/.
Amend title to conform.
Rep. SIMRILL explained the amendment.
Rep. KENNEDY moved to table the amendment.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, H.
Brown, T. Byrd Cain Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harwell Herdklotz Hines Howard Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Law Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw Moody-Lawrence Neal Neilson Phillips Rhoad Rice Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Smith, R. Spearman Stille Thomas Townsend Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Fair Fleming Haskins Hutson Limbaugh Limehouse Meacham Richardson Simrill Smith, D. Stuart Tripp