Editor’s Note: This is just the first in a series of articles concerning this new proposed legislation. If it passes, it will go before a vote of specific areas of Autauga County. Many area legislators are just now delving into this proposed bill. Following this article, we will quickly post a video of a meeting from last night that goes into more of the history of how we arrived at this point. Please read that article which will be include highlights, and I also sincerely ask you to view the video, which was made possible by Jerry Cimis. There is excellent information within the video, and the article will just scratch the surface. This is all about the future of education in Autauga County. I think it is worthy of your time to do your own research and come up with your own opinions.
BY SARAH STEPHENS
ELMORE/AUTAUGA NEWS
AL SB138 Presented by Senator Clyde Chambliss; Referred to House of Representatives Committee on Local Legislation as of Feb. 3. The legislative session will reconvene Feb. 8.
Explanation: Autauga County, school district ad valorem tax in Central and Daniel Pratt school zones, use for public school purposes in the district, constitutional amendment.
This proposed legislation has been put forth by Senator Chambliss to replace an earlier plan by the Autauga County School Board and Autauga County Commission that ended due to lack of support from area legislators.
In the initial plan pushed by the Autauga County School Board, the county residents would have voted on whether or not to increase taxes to benefit public schools throughout the county. That effort was not supported by area legislators including Rep. Van Smith (House District 42 – Autauga, Chilton), Rep. Will Dismukes (House District 88 – Autauga, Elmore) or Rep. Kelvin Lawrence (House District 69 – Autauga, Lowndes, Montgomery, Wilcox) and the issue died due to lack of support and their signatures.
Thus, Senator Chambliss has formulated what he hopes will be a replacement with Senate Bill 138.Working with attorneys at Legislative Services, Chambliss crafted a constitutional amendment that if passed would go straight to a vote of the people in the specific tax districts, and not the entire county. If passed, the bill would create a special tax district that consists of the Central and Daniel Pratt School Zones. This area takes in all of Prattville and slightly north and West. All people who live in that area would be able to vote for or against the special tax district.
“I am willing to step out because our area is one of the lowest funded in the nation when it comes to education. We are headed in the wrong direction and quickly. We have already missed the boat in some areas. Pike Road and Auburn are eating our lunch. Elmore County is growing but Autauga County needs a better vision. The Autauga County Board of Education and the Autauga County Commission had a combined vote of 9-1 to increase funding for public schools. My campaign promise was to support and advance any local effort that the governing body was unanimous, or one short of unanimous.”
Chambliss indicated that the input that he has received from citizens is that they overwhelmingly support allowing a vote of the people to determine this issue. “If one part of the County is clamoring for something, another part of the County that doesn’t want it shouldn’t be able to prevent another from deciding what they want to do – especially when it has no negative affect on the area that is opposed” Chambliss stated.
Chambliss continued, “People are clamoring for something to be done but certainly not everyone agrees. That is why we need the people to decide this issue. People in the county sometimes feel that everything is done with a focus on Prattville. I’m a county guy through and through having been employed by the County and on the County Commission, but I don’t agree with that statement. Undeniably, the tax base is in Prattville and as goes Prattville so goes the County. We need the City to continue to prosper. Good schools is one of the keys to success. If Prattville declines due to declining schools – the County will suffer as well. This effort does not hurt, hold back, or decrease funding in the County in any way. In my opinion, it will actually help the County as well as the City.”
First introduced 02/01/2022
Below is the text of the proposed constitutional amendment
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1.
The following amendment to the Constitution of Alabama of 1901, is proposed and shall become valid as a part of the Constitution when all requirements of this act are fulfilled: PROPOSED AMENDMENT SPECIAL PUBLIC SCHOOL DISTRICT AD VALOREM TAX IN THE CENTRAL AND DANIEL PRATT SCHOOL ZONES OF AUTAUGA COUNTY
Section 1.
For public school purposes, in addition to any taxes now authorized, or that may hereafter be authorized, by the Constitution and laws of the State of Alabama, and notwithstanding any provision of the laws of the State of Alabama or of this Constitution to the contrary, including, without limitation, any restriction or limitation upon the amount, rate, levy, or collection of ad valorem taxes otherwise provided in Section 217, or any successor or other provision, of this Constitution, as at any time amended, there is levied and shall be collected in a special school tax district in Autauga County composed of the Central and Daniel Pratt school zones, a special school district ad valorem tax not exceeding $1.50 on each one hundred dollars ($100) (15 mills) of taxable property in the school tax district as assessed for state taxation.
The amounts payable with respect to any tax levied under the authority of this amendment: (a) shall not be subject to any limitation or restriction upon the amounts of ad valorem taxes payable by any taxpayer under Section 217 or any successor provision or any other provision of this Constitution, as at any time amended, with respect to any class or item of taxable property; (b) shall not be taken into account in determining whether such limitation or restriction shall have been exceeded in any tax year; (c) shall not be subtracted from the total amount of tax due by any taxpayer if the amounts are in excess of the amount of tax otherwise permitted by the limitation or restriction; and (d) shall be payable in full regardless of whether the amounts, or any portion thereof, are in excess of the limitation or restriction.
Section 2.
For purposes of this amendment; the following terms have the following meanings: (1) CENTRAL AND DANIEL PRATT SCHOOL ZONES. The Central and Daniel Pratt school zones as those school zones are geographically defined by the Autauga County Board of Education on January 1, 2022. (2) SPECIAL SCHOOL TAX DISTRICT. A special school tax district for the purpose of this amendment composed of the Central and Daniel Pratt school zones.
Section 3.
If the special school ad valorem tax is approved by a majority of electors in the Central and Daniel Pratt school zones voting on this amendment in the special school tax district at the election on the adoption of this amendment, no further election shall be required and the special school district ad valorem tax shall be levied and collected for the ad valorem tax year commencing on October 1, 2022, and each ad valorem tax year thereafter.
Section 4.
The proceeds of each school district tax levied pursuant to the amendment shall be collected by the Revenue Commissioner of Autauga County in the same manner and under the same requirements and laws as other ad valorem taxes are collected by the Revenue Commissioner and shall be delivered to the Autauga County Board of Education having control and supervision of the public schools in the special school tax district.
Section 5.
The proceeds of the special tax school district tax levied under this amendment shall be used for public school purposes for the exclusive benefit of the special school tax district in which the special school tax district is levied.
Section 6.
The “public school purposes” for which the proceeds of the special school tax district levied under this amendment may be used include the following: (1) Any lawful purpose for which the Autauga County Board of Education in receipt of the proceeds may apply or expend public funds. (2) The dedication, designation, or pledge of all or any part of the proceeds for the benefit or payment of any indebtedness or obligation of any kind or nature of the Autauga County Board of Education.
Section 7.
This amendment shall be self-executing and no enabling legislation shall be necessary. Upon ratification of this constitutional amendment and contingent upon the ratification of the Constitution of Alabama of 2022, the Code Commissioner shall number and place this amendment as appropriate in the constitution based upon a logical sequence and the particular subject or topic of the amendment. In this amendment, the Code Commissioner may change capitalization, spelling, and punctuation for the purpose of style and uniformity; correct manifest grammatical, clerical, and typographical errors; and correct incorrect cross-references. When publishing the Constitution of Alabama of 2022, as amended, the Code Commissioner may omit this instructional paragraph. END OF PROPOSED AMENDMENT
Section 2.
An election upon the proposed amendment shall be held at the general election in 2022 in accordance with Section 284.01 of the Constitution of Alabama of 1901, now appearing as Section 284.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.
Section 4.
The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment: “Relating to Autauga County, proposing an amendment to the Constitution of Alabama of 1901, to authorize the levy and collection of a special public school district ad valorem tax in a special school tax district composed of the Central and Daniel Pratt school zones in the county and to provide for the use of the proceeds for public school purposes in the special school tax district where levied.” “Proposed by Act _________” This description shall be followed by the following language: “Yes ( ) No ( ).”
