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Elliott sees statewide stakes in Baldwin County school tax fight

BIRMINGHAM, Ala. – A local dispute over how to distribute a Baldwin County education sales tax has escalated into a broader political fight, with one state lawmaker pushing for a statewide solution after local officials couldn’t reach an agreement. The outcome could shape how other cities approach breaking away from county school systems.

Sen. Chris Elliott, R-Josephine, said he’s not sure the bill will reach the Senate floor this session. But if it doesn’t, he plans to bring it back.

At the center of the debate is a countywide education sales tax that Elliott believes should be shared with Gulf Shores and Orange Beach City Schools. The Baldwin County school system argues the tax is pledged to repay debt for capital projects and can’t be redistributed.

Elliott filed Senate Bills 135 and 136—two versions of how to split the tax – for consideration by the local legislative delegation, but neither advanced.

“Heck, I’ve got delegation members that won’t even show up to delegation meetings to discuss local legislation,” he told Alabama Daily News on Monday.

Frustrated, Elliott moved the issue to the Senate County and Municipal Government Committee, which he chairs.

He backed Senate Bill 270, sponsored by Sen. April Weaver, R-Alabaster. The bill would require that education sales tax proceeds only be collected within the boundaries of the school system that receives the money. The committee advanced the bill last week – despite more “no” votes than “ayes” in a voice vote.

“It was not ideal,” Elliott told Alabama Daily News about overriding the committee vote. “But the other side’s game has been to obfuscate and delay. Frankly, options were limited.”

According to estimates shared in committee, the tax is worth between $3 million and $6 million annually. Gulf Shores and Orange Beach split from the county school system in recent years but don’t receive any of that tax revenue, even though a significant portion is collected in those beach cities.

“It’s fundamentally unfair,” said Elliott, whose district includes both city school systems and part of Baldwin County’s.

Sen. Greg Albritton, R-Atmore, who represents much of Baldwin County, said Elliott’s proposal is what’s unfair. He and other officials argue that when the cities formed their own districts, leaders agreed Baldwin County could continue using the tax to pay off debt-while leaving open the possibility of revisiting the issue later.

Elliott says it’s been six years since Gulf Shores left, and it’s time to make the change. Albritton disagrees.

“This is a matter that we’re shifting funds… from the Baldwin County education system to the two cities’ systems. And those resources shifting that way is patently unfair,” Albritton told Alabama Daily News. He also said northern parts of Baldwin County need the funding more than the coastal cities.

Elliott counters that the county system has more than enough money. This year’s budgets, which include all sources of funding, reflect the disparity in total amounts of expenditures: 

  • Baldwin County –  $455 million, 31,300 students
  • Gulf Shores – $37 million, 2,700 students
  • Orange Beach – $23 million, 1,200 students

Tensions surfaced during the April 2 committee meeting when Senate Bill 270 was introduced.  Albritton accused Elliott and Weaver of using the bill as an “end run” around a local dispute.

“You’re jumping right in the middle of a Baldwin County civil war,” he told Weaver.

The bill was carried over after Vice Chair Clyde Chambliss, R-Prattville, took the gavel during the exchange. Elliott returned it to the agenda the following week and pushed it through, overriding the voice vote. 

Albritton has threatened to filibuster the bill if it reaches the Senate floor. With just nine legislative days remaining, Senate leaders may be reluctant to wade into the fight.

Elliott says he’s committed to seeing it through – not only to resolve the current dispute but to provide a clear framework for other communities considering similar school system splits.

“We ought to settle this once and for all,” he said. “So that others don’t end up in this situation – because it’s gonna happen again.”

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