SB 366

Relating to Baldwin County; to require a favorable vote of a majority of the qualified electors of the city at a special election prior to the formation of a city school system in the county and the disbursement and payment of certain properties as a result of a separation from the county board of education.

Section 1

This act shall apply only in Baldwin County.

Section 2

The Legislature finds and declares the following: (1) The magnitude and patterns of the historical and projected increases of population in Baldwin County, Alabama, continue to create significant needs for the acquisition, construction, and capital improvement of the public school facilities of the county board of education. (2) The costs of such public school facilities, including the payment of indebtedness incurred therefor, require significant capital expenditures of the county board of education in each fiscal year. (3) The local sources of funds of the county board of education for public school facilities consist of the proceeds of ad valorem, and privilege license and excise, taxes levied on a county-wide basis in Baldwin County. (4) Given the county-wide tax base of the county board of education, the formation of a city board of education and school system in Baldwin County, the resultant loss of local funding from, and the transfer of the local public school facilities, financed by county taxes, to, the city, can create a material and adverse effect upon the financial position of the county board of education. (5) The formation and operation of a city board of education and school system in Baldwin County requires significant annual revenues from existing and new school taxes in the city which the taxpayers of the city should have the right to approve in advance. (6) It is necessary, desirable, and in the best interests of the taxpayers and citizens of Baldwin County and the taxpayers and citizens of the cities located therein, that, in response to, and to provide for, the unique local needs of public education in Baldwin County, including particularly, the financing and planning of public school facilities, due to constantly changing school feeder patterns and the related establishment of ad valorem tax districts, the formation of a city board of education and school system be made upon the favorable vote therefor of a majority of the qualified electors of the city voting at an election held therefor, and the allocation, assignment, and assumption of the assets and liabilities of the county board of education with respect to the public school facilities in the city.

Section 3

(a) Notwithstanding any provision of law to the contrary, and in addition to any other requirement provided by law, the formation of a city school board by any city in Baldwin County shall be subject to the prior approval of a majority of the qualified electors of the city at a special election held for that purpose pursuant to the requirements of this section. (b) On or after the effective date of this act, any qualified city in Baldwin County that satisfies the definition of a city pursuant to Section 16-11-1, Code of Alabama 1975, may establish a city board of education only upon the additional satisfaction of all of the following: (1) The approval of the formation of the new city school system by resolution of the governing body of the city. The resolution shall include all of the following: a. A call and order for a special election to be held in the city within 90 days after the adoption of the resolution, at the expense of the city, for the submission to the qualified electors of the city, for their determination by ballot, the question of whether an independent city board of education shall be established for the public schools in the city separate from the county board. b. A provision directing the city to give notice of the election to the sheriff, judge of probate, board of registrars, circuit court clerk, and any other necessary county or city officials within 15 days after adoption of the resolution. c. A requirement that the form of ballot for the election shall have printed at the top of the ballot the title: “Establishment of Separate and Independent City Board of Education and City Public School System for the City of ____________, Alabama." d. A provision for notice of the date, time, place, and purpose of the election to be given by the city not less than 30 days in advance of the election by publication not less often than once a week for four consecutive weeks in a newspaper of general circulation in the city and by posting the notice on the homepage of the public website of the city, or by any successor device or service by which the city makes available general information about the city to the public. e. A provision that the election shall be held, conducted, canvassed, and returns of the election made, as provided by law for general and special elections in the city. (2) A vote in favor of the establishment of the city board of education by a majority of the qualified electors of the city voting at the election. (c) A city may not conduct an election for the establishment of a city board of education pursuant to this section within three years after the date on which a previous election for the establishment of a city board of education was held.

Section 4

Notwithstanding any provision of law to the contrary, and in addition to any other requirement provided by law, upon approval of the establishment of a city board of education by the governing body of the city and the qualified electors of the city, as provided in Section 3, the city may establish a city board of education. Not later than the first day of July next succeeding the establishment of a city board of education by a city, the city board of education and the county board of education shall deliver an agreement, with the written approval of the State Superintendent, as provided for by law, to include all of the following: (1) The transfer to the city board of education by the county board of education of the right, title, and interest of the county board in and to the local public school facilities located in the municipal limits of the city, without recourse or warranty, and the acceptance of the local public school facilities by the city board in the existing condition thereof on the date of transfer. (2) The assumption by the city board of education of, and the agreement of the city board of education to timely pay and perform at the sole expense of the city board both of the following: a. The outstanding indebtedness and obligations of the county board of education allocable to the local public school facilities. b. All contractual agreements of the county board with respect to the local public school facilities. (3) The payment to the county board of education by the city board of education, on the date of transfer of the transferred local school facilities, of an amount equal to the value assigned thereto for the purpose of determining the value of the capital assets, net of depreciation, as set forth in the then most recent audited financial statements of the county board of education publicly available.

Section 5

The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.

Section 6

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.