State Sen. Chris Elliott (R-Josephine) has filed two bills requiring a countywide penny tax to be split between all school systems in Baldwin County instead of going only to the Baldwin County Public School system.

The county system receives 100% of the 40% education portion of a one-cent sales tax that the state legislature levied in 2017. Meanwhile, city school systems, Orange Beach and Gulf Shores, do not get any of it.

Senate Bill 135 (SB135) would distribute funds based on student population.

Senate Bill 136 (SB136) would distribute funds based on the tax collected within the municipality.

SEE ALSO: Elliott proposes Baldwin County penny tax amendment to include Gulf Shores, Orange Beach systems

"I'm in favor of doing something and addressing this issue and I have tried to put two compromise positions out there for my colleagues to choose from," Elliott said.

Elliott said he believes the change is important as more of his constituents ask municipalities to consider breaking away from the Baldwin County School system.

"I know that there are active conversations going on certainly in Fairhope, in Daphne as well, and to some extent in Foley about whether or not those communities would benefit and see some of the benefits that Gulf Shores and Orange Beach have seen for having their own school systems," Elliott said.

Fairhope Mayor Sherry Sullivan confirmed there have been talks, but no action has been taken, and no feasibility study has been initiated.

"A group has approached us about splitting and that is all," Sullivan told 1819 News.

With significant improvements in educational facilities in Orange Beach and Gulf Shores, Elliott said it is obvious that people in Baldwin County want to invest in local education, which is the purpose of the tax. He said that's why they deserve to get their money back to reinvest in their own education systems.

"It's already being collected in Gulf Shores in Orange Beach," Elliott said. "This countywide tax is being collected countywide. It should be distributed countywide as well."

Elliott said he wants a change because he is not on board with the logic at play.

"The fact that there is a tax being collected in Orange Beach and Gulf Shores for educating kids that doesn't go to any of the kids in Orange Beach and Gulf Shores and going to what Superintendent [Eddie] Tyler says they are the kids that need it more, that really flew all over me," he said. "I mean, it is this Robinhood approach of, 'We say that these kids need it more, and so we're going to give it to them,' as opposed to, Let the people that are actually paying it keep it."

"With that logic, we ought to just take all the money we raise in Baldwin County and send it to Sumter County because they need it more," he added. "Or send it to Greene County because they need it more than we need it."

Elliott said he is on board with looking at phasing in the new tax structure if one of his bills is passed.

Baldwin County Schools Superintendent Eddie Tyler said he is opposed to any bill that takes away from the system and doesn't believe either bill will have enough support to pass.

"We spent years negotiating the separation between Baldwin County and the beach cities," Tyler said in a statement to 1819 News. "To come back years later, asking to change the terms, and take away money from Baldwin County students is simply not fair."

"The beach communities are wealthy communities, and they made their choice to separate knowing how the money would be divided," he continued. "It's not fair to come back years later and ask Baldwin County students to go without after all we have done."

"We do not think this legislation has support because our elected officials understand the importance of protecting the funding in our Baldwin County Public School System," Tyler added. "We will continue to oppose this effort and encourage the beach communities to raise additional taxes from within their own communities."

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