€¦  · Web viewDesegregation judge weighs testimony; no ruling date set. AP: Agency ends probe into publication of Harper Lee's new novel. FULL TEXT.

Speaker’s Press ClipsFriday, March 13, 2015

Alex City Outlook: Bills aimed at job creation passed by legislature Al.com: Charter school bill stays on track in Alabama Legislature Montgomery Advertiser: Charter school bill moves closer to passage Decatur Daily: Charter school bill amended Al.com: Alabama House passes contentious marriage bill after four hours of debate Montgomery Advertiser: Ala. House passes bill targeting same-sex marriage Anniston Star: Alabama House passes marriage bill Yellowhammer News: Alabama House: Judges and ministers cannot be forced to marry

same-sex couples Al.com: Bills to preserve alcohol sales in more than 30 Alabama towns pass Legislature;

signed by governor Anniston Star: State bill requires animal shelters file monthly reports Times Daily: Bill would create fund to capture settlement money Yellowhammer News: Hundreds of Alabama’s dumbest laws may soon be getting the

boot Al.com: Helping poor families or hurting poor schools? Lawmakers hear both sides of

Alabama Accountability Act Montgomery Advertiser: Senate committee approves Open Meetings Act changes Al.com: A few weeks into the legislative session, here are the most important issues

facing the Alabama Legislature WSFA: State auditor switches to state email after Clinton controversy WSFA: State officials: Trooper shortage reaches 'critical' stage Montgomery Advertiser: Selma-to-Montgomery marchers prepare to reach Capitol AP: Alabama judge grants divorce to same-sex couple Al.com: Desegregation judge weighs testimony; no ruling date set AP: Agency ends probe into publication of Harper Lee's new novel

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Bills aimed at job creation passed by legislatureAlex City OutlookMarch 12, 2015

On Monday, the Alabama House of Representatives passed almost unanimously three bills that will bring Alabama’s incentive packages to new businesses more up to date and in line with what surrounding states offer.

“Alabama has known for the last five years or so that the incentive packages we’ve offered businesses thinking about locating here were out of date,” said Don McClellan, executive director of the Lake Martin Economic Development Alliance. “We’ve been hearing that from site consultants for some time now. One of the main things we were interested in was seeing the state provide money to these corporations and businesses based on the number of jobs they brought to the state.”

The bills – part of the Made in Alabama jobs incentive package – were: the Alabama Jobs Act, sponsored by Rep. Alan Baker (R-Brewton); the Alabama Veterans and Rural Jobs Act, sponsored by Rep. Elaine Beech (D-Chatom) and the Alabama Reinvestment and Abatements Act, sponsored by Rep. Paul Lee (R-Dothan).

Baker’s and Lee’s bills passed unanimously. Beech’s bill passed with one vote against.

The Alabama Jobs Act provides annual three percent cash rebates for up to 10 years on the previous year’s payroll for new, direct jobs. The rebates are paid as a refund of utility taxes. It also provides for an investment credit of 1.5 percent of qualified capital investment expenses each year for 10 years. Those credits can be used to reduce income taxes, taxes on banks or insurance companies or utility taxes.

The Alabama Veterans and Rural Jobs Act increases the job and investment credits of the Alabama Jobs Act when businesses hire veterans or when businesses develop new projects in rural parts of the state.

The Alabama Reinvestment and Abatements Act provides tax abatements and worker training for existing industries with capital reinvestment projects.

“We think this package will give Alabama the tools to compete with other states in the Southeast as far as recruiting businesses to locate here,” said McClellan.

There are two other bills in the package that have yet to be brought to a vote – the Alabama Early Stages Investment Act, which would provide investment credits for new businesses, and the Alabama Innovations Act, which would provide credits mimicking the federal research & development credit to Alabama businesses.

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Charter school bill stays on track in Alabama LegislatureAl.comMarch 12, 2015Mike Cason

A plan to allow charter schools in Alabama stayed on track today when the Education Policy Committee in the House of Representatives approved it.

Rep. Terri Collins, R-Decatur, said the House would likely vote next week on the bill by Sen. Del Marsh, R-Anniston.

The Senate approved the bill 22-12 on Tuesday, the first bill it approved this year.

The House committee tweaked the bill today, although the overall plan is mostly unchanged.

The new version increases from nine to 11 the number of members who would be on the Alabama Public School Charter Commission.

The commission would have the authority to approve applications for start-up charter schools that are denied by local school boards.

And the commission could approve start-up charters in districts where the local board chooses not to authorize charter schools.

Organizations that are tax-exempt or have applied for tax-exempt status could apply to start charter schools.

Local school boards could also convert existing schools to charter schools.

There would be a maximum of 10 start-up charter schools a year for the first five years.

The cap would expire after the fifth year and the state Department of Education would submit a report to the Legislature on the academic performance of charter schools and recommendations for governance and oversight.

Today's vote on the committee was 8-3, with three Democrats voting against the bill, and one abstention.

Charter schools would be publicly funded but would not have to follow the same regulations as traditional public schools when making decisions about finance, personnel, scheduling, curriculum and procurement.

For example, they would be free to hire teachers from the business world who are not certified teachers.

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Charter school bill moves closer to passageMontgomery AdvertiserMarch 12, 2014

Brian Lyman

A House committee Thursday approved an amended version of the charter school bill passed by the Senate last week, moving the legislation closer to final passage.

The House Education Policy committee voted 8 to 3 to approve a version of the legislation that increases Democratic representation on a statewide commission with the power to overturn local charter school rejections in certain circumstances. Rep. Terri Collins, R-Decatur, said she believed the changes incorproated the best possible charter school language from around the country.

“When we looked at all the bills, we tried to find language where charter schools were successful,” she said. “And we tried to avoid language where there were problems.”

House Speaker Mike Hubbard, R-Auburn, said Thursday he expected the bill to reach the House floor next week. If the House approves the legislation, the Senate will either have to concur in the changes or set up a conference committee. A spokesman for Senate President Pro Tem Del Marsh, R-Anniston, the sponsor of the bill, had no immediate comment on the changes Thursday.

Stanford University's CREDO study, which tracks the nation's charter schools, said in 2013 that minority students in poverty and English language learners "gained a significant learning advantage" in charter schools. However, the report also found that results for other groups of students were either comparable to traditional schools or worse. According to the study, just a quarter of charter schools showed significantly better results for students in reading than traditional public schools, while just 29 percent showed better results in math.

The committee changes kept the heart of the legislation intact. Under the bill, sponsored by Senate President Pro Tem Del Marsh, R-Anniston, a maximum of ten start-up charter schools would be authorized per year, for at least five years. There would be no limits on the number of existing schools that could be converted into charter schools, which would not have to employ teachers with certification.

For-profit firms would not be allowed to establish charter schools. The bill would also create a statewide commission with the power to override local charter school recommendations, a point of contention with a number of critics, who say it could undermine local control of school boards.

The substitute expands the statewide commission from nine members to 11. Although appointees from the Governor, the Speaker of the House and the Senate President Pro Tem would still dominate the commission, the substitute also requires one nominee each from the minority parties in the House and the Senate. The substitute also requires the commission to have representation from the eight state school board districts from around the state.

In addition, a rotating chair on the commission would be given to a member of a local community where a charter school was rejected.

Rep. Barbara Drummond, D-Mobile, pushed for an amendment that she said would improve local control over charter school decisions, saying she believed the bill as written gave too much power to the commission, and that the local representative was just “one (vote) out of 11.” Drummond also said the state’s public schools were doing the best with what they had.

“They want resources, more control (and) money, and we’re turning the corner in Mobile,” she said. “What you’re wanting to do with bill, we’re doing.”

The commitee tabled amendments Drummond brought to the bill, including one that would require charter schools to participate in a school performance grading system expected to be rolled out by the Alabama State Department of Education some time next year. Collins said the language in the bill reflected that public charters would be required to participate in the grading system.

If approved, the first charter school s in the state could open as early the fall of 2016.

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Charter school bill amendedDecatur DailyMarch 12, 2015Mary Sell

MONTGOMERY — A bill to create charter schools in Alabama was amended Thursday in the House Education Committee to expand membership on a statewide charter school commission from nine to 11 and give lawmakers the option of continuing to cap “start-up” charters at 10 a year.

As originally written, Senate Bill 45 allows for 10 start-up charter schools per year for the first five years and then does away with the cap. The bill allows for unlimited conversion schools, where public systems convert existing schools into charter schools.

Charter schools are publicly funded but operate outside of traditional rules and regulations. Under the legislation, charter school teachers don’t have to be certified, and schools don’t have to offer them tenure.

Alabama is one of eight states that don’t allow charter schools. Proponents said they’ll add more educational choice in the state. To create a start-up charter school, a group would first apply to the local board of education. If denied there, it could appeal to a statewide commission.

“We want to give our charters every opportunity to be successful,” said Rep. Terri Collins, R-Decatur. She’s the House sponsor of the legislation and the chair of the House Education committee. She said that in months of working on the legislation, crafters of the bill have taken the best parts of other states’ legislation.

The bill was approved in committee on a vote of 8-3, with the committee’s three Democrats voting against it. There was one abstention.

Rep. Jim Patterson, R-Madison, said he wouldn’t vote because in his district, there are concerns about what charter schools might do to federal desegregation orders.

Collins said those concerns are addressed in the bill, which copied language used in Arkansas.

“These recommendations have already been successful in the courts in Arkansas, so we used their language,” Collins said.

The bill is now different than what was passed by the Senate earlier this week.

If it passes the full House — a vote is expected next week — it will return to the Senate.

Charter schools are a priority for GOP leadership. In the Senate on Tuesday night, three Republicans, including two from north Alabama, voted against the legislation.

Sen. Arthur Orr, R-Decatur, said he understands the premise of charter schools, particularly in school districts with limited educational alternatives.

“But when you have systems that are good public school systems, to me it creates an uneven playing field,” Orr said.

He said traditional public schools will still be bound by rules and regulations and legacy costs that the new start-up schools won’t.

“I would much prefer to remove the rules and regulation in our current system if that’s what we need to do to improve education,” Orr said.

He also has concerns about who will be able to attend the new charter schools. The legislation states they must accept students who apply and if there are too many applicants, a lottery system will be used. But the legislation doesn’t require the new schools to provide transportation.

“That tells me that a lot of children who don’t have their own transportation, a mom or dad or guardian who will take them to school, that tells me they won’t be able to attend the charter school,” Orr said.

Similarly, the charters won’t have the same requirements to provide services to students with disabilities or special needs.

Orr said he formulated his opinions based in part on concerns from Huntsville City Schools Superintendent Casey Wardynski. Wardynski previously worked in Colorado, which has charter schools.

Sen. Paul Sanford, R-Huntsville, said he voted against the bill after conversations with local educators. He was especially troubled by the requirement that public schools partner with a non-profit to set up a conversion charter school.

“I think my local school system should have an equal playing field with charter schools,” he said. “The key behind charter schools being successful, ask any of the proponents, is the amount of flexibility they’re given from state statute and the ability to use money where they see fit, that sort of thing. My local systems are not afforded that same opportunity. I’ve spoken with both the superintendents in the city and the county; (they said), if you can give us that same flexibility, we could prove that we can do great things as well.”

Collins said the requirement that current schools partner with 501(c)3s provides opportunities for public/private partnerships.

The nonprofits could be set up by community colleges or local civic groups. Decatur City Schools could work with the chamber of commerce on a charter school.

“Depending on what the need is, the local system can work with whatever group it wants to fill its need,” she said.

Collins said when people approach her with concerns about charter schools, they have been misinformed.

“When I hear from people who don’t want a charter, it’s usually misconceptions about what they are,” she said.

Blake Harris, state director of Students First Alabama, spoke in favor of the legislation after Thursday’s meeting.

“This bill will expand the number of high-quality public school options available to students all over Alabama,” he said. “We are excited about the progress of the bill, and very much appreciate of Representative Collins’ leadership on this important issue.”

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Alabama House passes contentious marriage bill after four hours of debateAl.comMarch 12, 2015Erin Edgemon

After nearly four hours of debate, the Alabama House on Thursday passed a bill that gives judges, ministers and other officiants the right to refuse to perform marriage ceremonies.

Many Democrat lawmakers called the bill discriminatory, unnecessary and a waste of taxpayer money.

Rep. Jim Hill, R-Moody, said he sponsored the bill after receiving phone calls from judges and ministers concerned they would be required to perform marriages ceremonies they didn't want to perform.

House Bill 56, the Freedom of Religion in Marriage Protection Act, passed 69-25. The bill now moves on to the Senate for consideration.

In session today, Rep. A.J. McCampbell, D-Livingston, asked Hill: "Why all of a sudden has this become an issue?"

Hill replied: "I can't answer that, sir."

Tears came to the eyes of Rep. Patricia Todd, D-Birmingham, as she spoke against the bill on the House floor. Todd, the only openly gay legislator in the state, said the bill was drafted to discriminate against gay couples who want to marry.

"This is very hurtful to me as an openly gay person," she said.

Todd asked Hill, a former district and circuit judge, if he was ever forced to marry someone he didn't want to. Hill replied no.

Rep. Mike Ball, R-Madison, was the only lawmaker to speak in support of Hill's bill.

"I understand this is a hot-button issue," he said. "I think a lot of the debate winds up being about something that isn't in this bill."

Opponents of the marriage bill outside the legislature are concerned the bill's reach will prevent access for gay couples at religiously affiliated hospitals, schools and other social organizations.

The ACLU of Alabama, the Human Rights Campaign of Alabama, Equality Alabama and other groups have spoken out against HB56.

Rep. Chris England, D-Tuscaloosa, also spoke to those same concerns on the House floor and proposed an amendment to remove the word "recognition" from the entire piece of legislation. England argued removing that word would limit the legislation to solemnizing marriages.

The amendment was tabled and didn't go to a vote.

Todd also proposed an amendment that would require ministers and judges who don't want to perform same-sex marriages to put a sign on their door indicating they will not perform such ceremonies. The amendment was tabled.

Rep. Craig Ford, D-Gadsden, who serves as House minority leader, said it is a "travesty to justice" that lawmakers continue to bring morality bills before getting to bills that will address the state's $700 million budget hole.

Several Democrat lawmakers questioned the need for the bill since judges and ministers already have the right to refuse to perform wedding ceremonies.

Hill repeatedly provided the same answer to the lawmaker questions. He said his bill is simply to clarify existing law that judges and ministers can't be compelled to perform marriage ceremonies they don't want to perform.

Democrats argued the bill is unnecessary and a waste of taxpayer money.

"This piece of legislation does nothing to change current law now," said Rep. Merika Coleman-Evans, D-Birmingham, said. "We are wasting time and wasting taxpayers' money."

Rep. Napoleon Bracy, D-Prichard, said the bill is discriminatory.

"We know this legislation is going to be struck down in federal court," he said.

Rep. Darrio Melton, D-Selma, a minister, said he has performed several marriage ceremonies over the years, and he has never been forced to perform any ceremonies.

He also agreed with other lawmakers that Hill's bill is discriminatory.

"I am tired of being first in everything that is bad and last in everything that is right," Melton, chair of the House Democratic Caucus, said.

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Ala. House passes bill targeting same-sex marriageMontgomery AdvertiserMarch 12, 2015Brian Lyman

The Alabama House of Representatives Thursday passed legislation that would prevent those empowered to officiate weddings from being forced to conduct ceremonies to which they have religious objections, or to be sued over their refusal.

The 69 to 25 vote fell down party lines, with Republicans voting for it and most Democrats voting against it. In the local delegation, Democratic Reps. Alvin Holmes, John Knight and Thad McClammy, all of Montgomery, voted against the bill. Rep. Reed Ingram, R-Montgomery, voted for it.

Although the bill does not directly address same-sex marriage, opponents said the legislation targeted gay and lesbian couples and could allow religiously-affiliated organizations, such as hospitals, to deny benefits and services to same-sex couples.

"We're here because we want to condemn a population we don't understand and we don't like," said Rep. Patricia Todd, D-Birmingham, the only openly gay member of the Alabama

Legislature. "It doesn't change anything, but it will help (lawmakers) in districts show they will stand up against same sex-sex marriage."

The bill's sponsor, Rep. Jim Hill, R-Odenville, said the legislation -- introduced amid a statewide controversy over the legality of same-sex marriage -- was not about same-sex marriage.

"I received several phone calls from constituents in St. Clair County, primarily ministers and judges who asked me whether the mere fact an individual is authorized to perform a marriage ceremony (means) are they compelled to perform a marriage ceremony," he said in introducing the bill.

The legislation says "no church, synagogue, society or religious organization" can be sued over a refusal to provide accommodations or services "related to the recognitions, solemnization or celebration of a marriage."

Both Hill and critics said that current law does not force ministers to conduct marriages they oppose. But language surrounding recognition and accommodation, say opponents, could allow religiously-affiliated organizations like hospitals to deny services to same-sex couples, like visitation rights.

Rep. Christopher England, D-Tuscaloosa, said the religious organization definition could extend to employees of that organization and lead to a host of denials. During the debate, England offered an asked Hill if he would accept an amendment aimed focusing specifically on religious beliefs.

"If this bill focuses on a person's right to say no due to religious beliefs, then how come we can't amend out 'religious organizations' and 'recognition?'" he asked.

Hill said "I don't want to do that," but declined to elaborate his reasons.

Opponents also hammered the need for the bill, noting repeatedly that no minister or judge had been forced to officiate a wedding they objected to.

"We're down here legislating morality, and we have a $700 million gap in the General Fund budget," said House Minority Leader Craig Ford, D-Gadsden.

As has been the case early in the 2015 session, supporters of the House legislation said very little. Rep. Mike Ball, R-Huntsville, said he believed the debate was making "a mountain out of a molehill" and that the bill would not be disruptive.

"There's been a lot of confusion and more confusion to come," House Speaker Mike Hubbard, R-Auburn, said after the vote. "This simply clarifies that if you are a judge or a religious official, you can not be compelled to conduct a ceremony against your religious beliefs."

Todd said the bill would lead to lawsuits, and said she would continue to fight it. The representative added that she was confident that a U.S. Supreme Court ruling expected later this

year would clearly establish the constitutionality of same-sex marriage in Alabama and throughout the nation.

"I know you're going to go back home and say, 'Look what we did to those gay people,'" she said. "Well, you didn't do anything."

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Alabama House passes marriage billAnniston StarMarch 12, 2015Tim Lockette

MONTGOMERY — The Alabama House of Representatives voted 69-25 Thursday in favor of a bill to allow judges and ministers to refuse to perform marriages.

Opponents of the bill say it's a reaction to a federal judge's order allowing same-sex marriage in the state — but the bill's supporters repeatedly denied the measure had anything to do with gay marriage.

"The whole purpose of this bill is to clarify the statute and to grant the officials the same rights to decline the ceremony that the couple themselves have," said Rep. Jim Hill, R-Moody. Hill would repeat that statement, with slight variations, dozens of times during nearly four hours of debate on the bill.

Hill's bill states that "no one authorized or permitted to solemnize marriages ... is required to solemnize a marriage for any person or persons." Alabama law allows ministers and active or retired judges to perform wedding ceremonies.

For years, the marriage powers of judges were the subject of little public debate — but when a federal judge in January ruled that the state must recognize same-sex marriage, probate judges began scrambling to figure out their duties under the law. Many judges refused to perform any weddings.

Rep. Patricia Todd, the state's only openly gay lawmaker, said the bill was clearly filed in response to same-sex marriage.

"We don't need to lead the nation in discriminatory practices again," said Todd, a Birmingham Democrat. "Let's remember Selma."

On the floor of the House on Thursday, Hill repeatedly said the bill had nothing to do with gay marriage. He said the parties in weddings have a right to consent to or refuse marriage.

"It clarifies that the individual that is performing the ceremony has the right to do that," Hill said.

Critics of the bill, all of them Democrats, asked Hill if anyone had ever faced a lawsuit or other repercussions for refusing to perform a wedding. Hill said he didn't know of any.

"Why, all of a sudden, has this become an issue?" asked Rep. Artis J. McCampbell, D-Linden.

"I can't answer that, sir." Hill said.

McCampbell asked how many calls Hill had taken from constituents on the issue.

"I didn't keep a count," Hill said.

Some critics of the bill said it would authorize judges to refuse marriage ceremonies to interracial couples, interfaith couples or even couples whose political beliefs the judge doesn't like. Others said the bill wouldn't affect the outcomes of ministers, who already often refuse to marry some couples on religious grounds.

Rep. Merika Coleman-Evans, D-Birmingham, said the bill accomplished nothing. She said lawmakers should instead be discussing the gap in the General Fund budget, which has been projected at anywhere between $265 million and $700 million in 2016.

"We need to be discussing how in the world we're going to pay for essential services to the people of Alabama," she said.

The House did indeed vote to put aside the budget discussion. To get to a vote on the bill, lawmakers had to pass a "budget isolation resolution," or BIR, a procedural vote required any time the House considers a bill before the budget is passed.

After Thursday's BIR vote, Speaker Mike Hubbard, R-Auburn, warned that anyone voting on a voting machine not their own would be ejected from the chamber. Hubbard said two members not present Thursday were recorded as casting votes.

"I want to make sure that no one in this chamber who is not a member touches a machine," Hubbard said.

Hill's bill, dubbed the "Freedom of Religion in Marriage Act," is part of the House Republican caucus agenda for 2015, though few Republicans rose to help Hill defend the measure Thursday.

"A lot of this debate winds up being about something other than what the purpose of this bill is," said Rep. Mike Ball, R-Madison. Ball said gay rights supporters were "making a mountain out of a molehill" in their opposition to the bill.

Todd said that in her years in office, she'd rarely seen a bill so directly aimed at restricting her rights as a lesbian.

"My ability to marry the person I love has absolutely zero impact on anybody else's marriage," she said.

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Alabama House: Judges and ministers cannot be forced to marry same-sex couplesYellowhammer NewsMarch 12, 2015Elizabeth Beshears

MONTGOMERY, Ala. — The Alabama House of Representatives passed a bill after four hours of debate Thursday that would protect judges and ministers from being forced to perform any marriage ceremony that violates their religious beliefs.

“With the recent federal court ruling related to the Sanctity of Marriage Amendment and the confusion that resulted, the need to clarify the duties of probate judges and ministers became increasingly apparent,” the bill’s sponsor Representative Jim Hill (R-Odenville) said. “As a former judge, I would not want to be forced into a situation that violates my fundamental religious and moral beliefs.”

HB56, the “Freedom of Religion in Marriage Protection Act,” would allow any judge, minister, church, or other person authorized to solemnize a wedding to refuse to marry any couple for any reason.

Any person who refused to perform a marriage ceremony would be protected from civil suit under the law.

The bill is part of the “Alabama First” agenda put forth by the Alabama House GOP shortly before the legislative session began this month.

The bill passed overwhelmingly, but 25 Democrats opposed.

During the four hours of debate on the bill, Rep. Patricia Todd, the only openly gay member of the State Legislature, became visibly upset. Rep. Todd said she believed the bill was drafted to be discriminatory, adding it was “hurtful.”

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Bills to preserve alcohol sales in more than 30 Alabama towns pass Legislature; signed by governorAl.comMarch 12, 2015Mike Cason State lawmakers today gave final passage to legislation intended to allow more than 30 cities and towns in dry counties to continue to sell alcoholic beverages.

Gov. Robert Bentley signed the bills into law today, according to his press office.

The affected communities approved referendums allowing alcohol sales, but the state Supreme Court on Feb. 27 ruled the law authorizing those ballot measures was unconstitutional.

A bill to say the referendums were valid and a second bill to fix the disputed law passed the Senate today before going to the governor.

Rep. Jim Martin, R-Clanton, sponsor of the bills, said Jemison and Thorsby in his district are two of the affected towns. They are in Chilton County, which is dry, but voted to approve alcohol sales.

"The most important thing is the revenue that these small towns depend on," Martin said.

Sen. Paul Sanford, R-Huntsville, handled the bills in the Senate.

The state Supreme Court had ruled that the law authorizing the referendums was unconstitutional because it excluded municipalities in Blount, Clay and Randolph counties.

The court ruled exclusion of the three counties violated the Equal Protection Clause.

The case stemmed from a move by the Legislature six years ago to give smaller towns in dry counties a chance to allow alcohol sales.

Lawmakers approved a bill to allow towns and cities with 1,000 to 7,000 people to hold votes on whether to allow alcohol sales within their borders.

That amended a 1984 law that had allowed such votes in cities of 7,000 or more in dry counties.

The Legislature excluded cities in Blount, Clay and Randolph counties from that 2009 law. Randolph County has since voted to go wet.

In 2012, Blount County voters rejected a wet referendum but voters in Oneonta supported it, and the city prepared to have its own referendum despite the exclusion in the 2009 law.

A resident filed a lawsuit to block the city from spending money on the election.

The city filed a counterclaim and asked the law to be declared unconstitutional.

In November 2013, Blount County Circuit Judge Steven King struck down the part of the 2009 law that exempted the three counties, saying that the exemptions violated equal protections under the state and U.S. constitutions.

Oneonta and several other Blount County municipalities then held referendums and voted to go wet.

Two Blount County pastors appealed King's ruling to the state Supreme Court.

Eric Johnston, attorney for the pastors, told the justices that the entire law, not just the exemption of the three counties, should be struck down.

That's what the court did in February, prompting the need for the Legislature to rewrite the law.

Johnston said today that it appears the Legislature has fixed the law.

He said the state Supreme Court ruling set a precedent that judges can't fix some unconstitutional laws passed by the Legislature by striking out only the offending part of the law.

The Supreme Court opinion in the case says that the court can strike specific portions of laws in some cases, but not in a case such as the 2009 law, when the Legislature's clear intent was to treat residents of three counties differently.

Read the Supreme Court decision in the Oneonta case.pdf

As of November, 35 cities with populations from 1,000 to 7,000 had voted to go wet under the 2009 law, according to a lawyer for the city of Oneonta.

List of wet cities in dry counties.

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State bill requires animal shelters file monthly reportsAnniston StarMarch 12, 2015Patrick McCreless

A local legislator wants all animal shelters in the state to provide monthly reports on their activities upon request from the public.

Rep. K.L. Brown, R-Jacksonville introduced the bill, saying it’s needed to track instances of euthanasia in the state. At least one local shelter sees no problem with the bill. Another shelter, though, says the requirements would demand too much paperwork from understaffed facilities.

Brown's bill had its second reading in the House on Thursday. Meanwhile, Sen. William Beasley, D-Clayton, has a companion bill pending in committee. Attempts to reach Beasley for comment Thursday were unsuccessful.

Brown's bill would require animal shelters to compile monthly reports on how many animals enter and leave their facilities and detail how those pets arrived and left. It would also require shelters to report how many animals were euthanized each month and for what reasons.

All shelters would have to provide this information to the public upon request. The bill exempts any people providing temporary foster care to animals in their homes and animal rescue groups and sanctuaries sheltering animals on an individual's property.

Brown said he decided to introduce the bill after a discussion with an animal rights activist in Birmingham.

"We have no way in the state of tracking animals being euthanized or how many are being taken out and adopted," Brown said. "I think it's worth them putting those statistics together."

Angie Persch, director of the Calhoun County Animal Control Center, said her staff keeps periodic statistics of their activities.

"In fact, we upgraded our program to track all that," Persch said.

Persch said Tuesday that she would not release the latest figures until she received approval from her board.

Jane Cunningham, chairwoman of the Cheaha Regional Humane Society board, which contracts with the county to oversee the animal control center, said Thursday she had no problem releasing their statistics. She said, however, that she could not provide them numbers Thursday because the center was closed that day.

Ken Joiner, county administrator, said Thursday that the animal control statistics were public record but that he did not have a recent report readily available.

"They do provide us with reports, but it's periodic," Joiner said. "I don't know when we got the last report."

Cunningham said she thought the bill would place too much of a burden on shelters.

"I feel like it would be adding another bureaucratic piece of paperwork," Cunningham said. "I don't understand the need for it being on a monthly basis ... we're already understaffed as it is."

Persch said she's the center's only full-time employee. The center also has six part-time workers, she said.

Kara Smith, president of the League for Animal Welfare in Anniston, a nonprofit shelter that doesn’t euthanize animals, said she didn't see the bill as an issue.

"I don't see why we would have a problem with that," Smith said. "We have monthly board meetings and keep up with the cats and dogs coming in and out."

Smith said that in February, the League received five cats and adopted out 14 cats. Also, 14 dogs were received and 14 were adopted last month, she said.

"Shelters try to do their best," Smith said. “It's almost an epidemic of strays here because people don't spay or neuter."

Brown said he understands that many shelters work with limited staff, but doesn't see the bill adding much extra bureaucracy. Brown said the statistics required in the bill could be easily compiled in minutes on a computer spreadsheet.

"I would even offer my folks to put the spreadsheet together and email it out and then the shelters would just have to plug in the numbers," Brown said.

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Bill would create fund to capture settlement moneyTimes DailyMarch 12, 2015Mary Sell

MONTGOMERY — Some lawmakers are suggesting any future legal settlement dollars obtained by Alabama be placed in a fund to pay off money the state has borrowed from its trust fund, and then support the General Fund.

Senate Bill 231 would create the Alabama Legacy Trust Fund. The bill is sponsored by Gerald Allen, R-Tuscaloosa, and would require a constitutional amendment approved by voters in 2016.

“This bill is important not only to me, but the about 4.8 million Alabamians,” Allen said Thursday. “They want us to be good stewards of each and every dollar that comes into the state, whether it’s tax dollars or fees or settlements. We’ve been charged as policymakers to put in place good, sound fiscal policy that will help the state.”

Now, as settlement money comes in, it is spent, Allen said.

“When you have one-time funds and spend that money, it’s gone,” he said. “But if you invest it and keep growing the corpus, that trust fund will continue to grow.”

Allen’s bill says settlement money under $2 million will go directly to the General Fund, which pays for functions of state government; any settlement over $2 million would go to the Legacy Fund.

Allen filed the legislation Thursday. Now in his sixth term in the Statehouse, he said he’s been working on this bill for about 2½ years.

Settlement proceeds would first be used to repay the $161.5 million transferred from the Alabama Trust Fund rainy day account to the General Fund in 2010 and the $437 million used in 2013, 2014 and 2015 to prop up the General Fund.

From there, distribution of the investment income would be divided among the General Fund, receiving 80 percent; the Alabama Capital Improvement Fund, which helps pay for economic incentives offered to new companies locating in the state, 10 percent; and the remaining 10 percent cycling back into the legacy fund.

Sen. Arthur Orr, R-Decatur, is a co-sponsor on the bill.

“If the state does receive large settlements, rather than using one-time money as a means of patching budget shortfalls, it would be better to pay off the debts we have in the General Fund and then put the money in a trust fund and use the earnings to fund the budget,” said Orr, chairman of the Senate General Fund committee.

He said the state gets about $10 million to $15 million a year in settlements. He said once the fund became large enough, its income would be a predictable revenue source for the state.

Lawmakers are looking for ways to fix a General Fund shortfall in 2016 estimated at a minimum of about $260 million. Gov. Robert Bentley is proposing about $541 million in tax and revenue increases.

Allen has been working with Bentley on the legislation; the governor supports it, his office said Thursday.

Orr has said the 2013 tobacco settlement worth $48 million is an example of the kind of money that could be captured in the fund.

The legislation doesn’t talk about specific potential settlements, but the state Attorney General’s Office is working on the state’s case against BP for damages in the 2010 Deepwater Horizon oil spill.

“Alabama’s economic damages trial could begin either in late 2015 or early 2016,” Joy Patterson, a spokeswoman for the Attorney General’s Office, said this week. “We cannot speculate on the amount of economic damages Alabama could potentially collect because the case is in litigation.”

Speaker of House Mike Hubbard, R-Auburn, is reviewing the legislation but is supportive of the concept, said Rachel Adams, his spokeswoman.

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Hundreds of Alabama’s dumbest laws may soon be getting the bootYellowhammer NewsMarch 12, 2015Elizabeth Beshears

Did you know it is illegal to run a marathon in the state of Alabama?

To purchase a domesticated animal or bird after the sun goes down?

To attend a bear wrestling match?

A bill passed the Alabama House Wednesday with near-unanimity might just take Alabama off those “Dumbest State Laws” lists that float around social media.

“We went to all the departments and agencies and said ‘have your lawyers go through the code and find any section of the code that pertains to your agency or department and is no longer needed,” the legislation’s sponsor Representative Chris Pringle told Yellowhammer in a phone interview Thursday.

The agencies came back with a list of more than 350 examples. This bill will take care of over 300 of those.

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Helping poor families or hurting poor schools? Lawmakers hear both sides of Alabama Accountability ActAl.comMarch 12, 2015Mike Cason

For one side, it's about students from families with modest means who got a chance to move to private schools and flourished.

For the other, it's about public schools that can't even buy textbooks and certainly can't afford to lose more revenue.

Two years after it first caused a political uproar, the Alabama Accountability Act remains divisive.

Sen. Del Marsh, who sprung the Accountability Act on the education establishment and outnumbered Democrats in 2013, wants to fine-tune and expand the law that helps students attend private schools with tax credit programs.

The Senate Finance and Taxation Education Committee held a public hearing Wednesday, allowing six proponents and six opponents to speak.

Even opponents support some changes Marsh proposes, like more narrowly targeting scholarships for low-income families.

But they still don't like the law and urged legislators not to support Marsh's plan to expand the scholarship program and divert $10 million more from public schools.

Daniel Boyd, superintendent of Lowndes County schools, said students there have to share textbooks. Reduced state funding since 2008 has left the small Black Belt district strapped for books, buses, library enhancements, technology upgrades and professional development, he said.

Boyd, a plaintiff in a lawsuit that challenged the constitutionality of the Accountability Act, said school systems in poor, rural areas like his are already underfunded and would be crippled by the loss of more revenue.

Marsh said he was listening to the concerns raised Wednesday. The committee took no vote on the bill, at his request.

His bill would raise from $25 million to $35 million the annual cap on total tax credits for donors to tax-exempt scholarship granting organizations created under the Accountability Act.

The law says SGOs can give scholarships to students in families earning up to about $65,000, 150 percent of the state's median household income.

Marsh proposes changing that to twice the federal poverty limit, which would be about $48,000 for a family of four.

Under current law, scholarships can go only to students zoned for failing public schools until Sept. 15 each year. Marsh proposes moving that date to May 15.

His bill would require SGOs to file quarterly reports with the Department of Revenue that would be posted on the department's website.

Allison Perkins of Montgomery told the committee that her two children had benefited from Accountability Act scholarships.

She said her son has thrived at Churchill Academy because it has accommodated his unique needs.

Churchill Academy Director Lisa Schroeder said it caters to children with special learning needs.

Schroeder told lawmakers that meeting parents who want to enroll their children but can't afford it has been one of her frustrations since founding the school in 1996.

Bry Shields, president of McGill-Toolen Catholic High School in Mobile, said 76 students there received Accountability Act scholarships.

Shields told the committee that more could do so if the date to allow scholarships to go to students not zoned for failing schools was moved from Sept. 15 to May 15, as Marsh has proposed.

Chris Caldwell, a junior at Ellwood Christian Academy in Selma, told the committee that he was a C student at Selma High School but makes straight A's at Ellwood.

He said he benefits from smaller class sizes and attention to his individual needs.

Kimble Forrister, executive director of Alabama Arise, a coalition of congregations and other groups that advocates for low-income families, opposed adding $10 million to the scholarship program.

Forrister suggested lowering the income eligibility for scholarship recipients even more than Marsh proposed, to 185 percent of the federal poverty limit.

He said the law should require private schools that accept scholarships to give the same standardized tests as public schools. And he said the law should require independent audits of the scholarship groups.

Susan Kennedy of the Alabama Education Association, which has opposed the Accountability Act from the outset, told the committee that the law essentially prohibits the state from auditing SGOs because it says the state must have evidence before an audit.

Kennedy said AEA would support changing the law to require a certain share, perhaps 80 or 90 percent, of all scholarships to go to students zoned for failing schools.

Larry Lee, a Montgomery retiree who writes opinion articles about education and frequently criticizes the Accountability Act, spoke to the committee and noted that Marsh's bill "would clarify" that the intent of the law is "educational choice."

Lee contrasted that with the original stated intent of the bill, which was to help children stuck in failing public schools.

"Two years later, we're trying to unring the bell and publicly acknowledge what some of us have known all along," Lee said.

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Senate committee approves Open Meetings Act changesMontgomery AdvertiserMarch 12, 2015Brian Lyman

The Senate Judiciary Committee Tuesday approved changes to the state's Open Meetings Act, aimed at addressing recent Alabama Supreme Court rulings that the bill's sponsor said "gutted" the law.

"There's a lot of uncertainty as to who that act applies to," said Sen. Cam Ward, R-Alabaster, who also chairs the committee.

The legislation was introduced last year and passed the Senate, but died on the last day of the 2014 Regular Session amid a fight between Gov. Robert Bentley and legislative leaders over the state's budgets. The legislation is effectively the same as last year's bill.

The three Supreme Court decisions were handed down in 2012 and 2013. In 2012, the Alabama Supreme Court ruled that the Montgomery County Board of Education did not violate the Open Meetings Act when it had two or three board members at a time meet with then-Superintendent Barbara Thompson to hear her plans and goals without being in a public meeting.

The high court ruled that "meeting" only referred to gatherings where a majority of board members were present. The court also ruled that back-to-back serial meetings that were not public and ultimately involved a majority of the board members — but no more than three at a time — did not violate the act, due to the lack of language on that front.

In 2013, two former Alabama Public Television executives claimed APT's governing commission purposefully met in secret to fire them. The state's high court ruled that the executives did not have standing to bring the lawsuit, even if they could prove their claims, because fines assessed for violations would be paid to the state, not the plaintiffs.

That same year, dealing with ongoing fights over the Alabama Accountability Act, the Supreme Court ruled 8 to 0 that the "Alabama Constitution does not require the Legislature to conduct its meetings in public," despite Section 57 of the Constitution which requires the doors of both chambers to be kept open.

Ward's bill would prohibit serial meetings; clarify the definition of meeting; specifically apply Section 57 of the Constitution to the Legislature and give citizens standing to apply and set a minimum penalty of $1 for violations of the act.

The bill now moves on to the full Senate.

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A few weeks into the legislative session, here are the most important issues facing the Alabama LegislatureAl.comMarch 12, 2015Cameron Smith

With the Alabama legislature in full swing, both the Senate and House have released their respective agendas. Those agendas usually reflect priorities that legislators are relatively confident they will be able to achieve. Unfortunately, the issues facing the state are rarely that convenient.

While only a few of these items made the formal list of platform legislation for the Alabama House and Senate majorities, here are several of the most important issues facing the state:

State Budgets - Financial issues have plagued the state of Alabama for years, particularly since the last financial recession. Uncertainty over state prison issues, Medicaid expenses that invariably grow every year, and heavily earmarked revenue streams make the task of enacting balanced budgets rather difficult. Governor Bentley's net tax increase has met a cool reception in the legislature. Many legislators remain reluctant to the idea of combining the state's budgets to put Alabama on the same footing as the vast majority of states around the nation, but doing so while removing revenue earmarks would give the state significantly more budgetary flexibility.

Charter Schools - Public Charter Schools seem likely to pass in Alabama this session. The current language has received high remarks for accountability, transparency, and local control. Even opponents of the bill are highlighting some of its positive attributes. Perhaps the greatest challenge with charter schools, should they become a reality in Alabama, is avoiding the feeling that the work is done on improving public education in Alabama. School choice is important, but the students who do not use the new available education lifelines still deserve and need the attention of Alabama's political leaders.

State Prison Capacity - Alabama's prisons are over capacity to the point where failure to address those issues will possibly result in federal intervention. The problem is that the state's General Fund is facing a deficit, and most voters do not want to see their resources used to improve conditions for prisoners over other priorities. Senator Cam Ward (R-Alabaster) has worked tirelessly to draft a bill that could possibly garner enough votes to begin to address the problem. His measure would send parole violators immediately to a local jail for several days rather than sending them to prison for months in the future. It also creates a class D felony category that would remove some nonviolent offenses from the state's habitual offender act. Moving legislation on prisons may not be politically easy, but failing to act is not an viable option for the state.

State Employee Pension Reform - State employee pensions are about as fun to talk about as watching paint dry. While benefits that are earned must be protected, the state's defined benefit plans are out of step with the retirement benefits offered to the majority of the state's workforce. Future employees should be moved to a cash balance plan or some type of hybrid plan that takes the burden of guaranteeing retirement income off the Alabama taxpayers who likely do not enjoy those type of plans themselves. The move could save the state significant financial resources in the future that could be redeployed to increasing fiscal obligations like Medicaid. Innovator Liability - In 2013, the Alabama Supreme Court created a radical new tort theory called "innovator liability," which it used to hold a brand-name pharmaceutical company responsible for injuries caused by the use of its competitor's generic medicine. The court aligned Alabama's tort law with lower courts in California and Vermont. The decision even raised eyebrows nationally. For instance, The Wall Street Journal criticized the decision, noting that "the court's judgment contradicts decades of Alabama tort and product liability precedent." Holding a company liable for products that they never produced or sold is far from the business friendly climate Alabama's legislators have vowed to create.

The Alabama legislature only has thirty legislative days in the regular session to take on such a wide range of issues. What priorities do you think are more important than these five? What would you like to see the legislature address?

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State auditor switches to state email after Clinton controversyWSFAMarch 12, 2015Morgan Carlson

MONTGOMERY, AL (WSFA) -Alabama State Auditor Jim Zeigler is officially using a state email address as of Thursday.

According to a statement on his Facebook page, Zeigler had been using his personal email for state business during the seven weeks he's been in office.

Zeigler said he declined state devices like a laptop, wifi, and cell phone and reportedly didn't think he could access state email on his personal devices. However, with some assistance, he was able to set up the accounts.

The state auditor said he decided to make the change after the recent controversy over Hillary Clinton using a personal email server for official business while she was secretary of state.

Zeigler said his emails don't contain confidential information, so there was no problem that caused him to change.

The auditor, who calls himself "The Waste Cutter," said he is looking for ways to save money in the government and therefore also declined a state car, gasoline card and state insurance.

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State officials: Trooper shortage reaches 'critical' stageWSFAMarch 12, 2015Lindsey Rogers

MONTGOMERY, AL (WSFA) - Alabama's highways are in desperate need of more troopers.

The troopers are working with a skeleton crew and they have been doing everything they can to operate with limited resources and an extremely tight budget. But they have less than half the number of officers they need and agency heads say something needs to be done.

The shortage has been in the news before, but officials are now revealing more about the true toll it's taking on our state and how thinly stretched the agency has become.

Sgt. Steve Jarrett has been a trooper for 18 years and knows the impact a lack of manpower can have on the roads.

“With fewer state troopers out here, the motoring public, when they don't see a trooper on a regular basis, speeds tend to increase, those people that are irresponsible and choose to violate the laws, drinking and driving and speeding, reckless driving, aggressive driving, there's nobody out there to keep them in check,” he said. “We all use these highways and if there's no law and order out here, it's going to be a very unsafe environment.”

Local agencies rely on the troopers for assistance and additional resources. They also support federal agencies

A recent study by the University of Alabama's Center for Advanced Public Safety, which is independent of the Alabama Law Enforcement Agency (ALEA) and the former Alabama Department of Public Safety, found that the state should have a minimum of 1,016 troopers patrolling Alabama's highways. Currently, there are only 431 troopers assigned to Highway Patrol.

“It's not an issue of shortage of applicants. We have people calling us every day wanting to become a trooper. It's a prestigious job, it's a good job and it's a great career. We just do not have the funding to hire,” Jarrett said.

Last month, a federal grant helped troopers graduate their first class in five years but the severe shortage remains.

Currently, there's one county without a trooper, four counties with just one trooper and a dozen Alabama counties with only two troopers.

To compare, the Montgomery Police Department, when its latest group of officers graduates from the academy next week, will be operating with 453 officers. That's puts 22 more officers in the capital city alone than the troopers have working in the entire state.

The numbers are alarming to drivers.

“When your family is out there traveling and you only have but a few troopers working out there, it's scary,” said Randy Armstrong. “When you have one state trooper in a 50 to 100 mile range, accidents happen and crimes happen and there's a big stretch of the interstate with no one to protect you.”

Every effort is being made to get uniformed troopers on the roads to increase visibility. First line supervisors now have their offices in their patrol cars. They're doing their regular duties and they are also on the highways to boost presence. Some of the administrative duties have been shifted up the chain of command, doubling the duties of the sergeants and lieutenants.

Troopers hope that by shedding light on the problem, it will help increase support across the state for more funding.

“We definitely need some additional funding to hire some troopers. We're at a critical manpower shortage and it needs to be addressed,” Sgt. Jarrett said. “It wears down the road troopers because they're working long hours and rarely get home after their eight hour shift and then they're put on call to help cover shifts.”

As a result of the funding shortage, troopers have also had to cut back on public service announcements, saturation details and highway safety campaigns.

“Right now, our funding has been cut so severely, we haven't been able to purchase vehicles as we need to. We have patrol cars out there with over 200,000 miles on them and we haven't been able to hire troopers. Our budget is extremely, extremely tight. And one of the most significant impacts the public will see resulting from that is the lack of trooper manpower,” Jarrett added.

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Selma-to-Montgomery marchers prepare to reach CapitolMontgomery AdvertiserMarch 13, 2014Kelsey Davis

The marchers making their way from Selma to Montgomery will depart for the Capitol at 11 a.m.today.

Their departure is preceded by a rally in front of Calhoun Super Foods across the street from St. Jude Hospital. The rally is scheduled to begin at 10 a.m.

The group began its march on Monday.

Many of the marchers came from all over the United States. Some marched for voters' rights. Some marched to stop the violence. Some, such as a group of Buddhist Monks that are taking part in the march, simply wanted to promote peace.

Once they make it to the Capitol, several speakers will give speeches. The Southern Christian Leadership Conference, which organized the march, also arranged for the speakers.

Charles Steele, president of the SCLC, said Gov. Robert Bentley will be one of the speakers.

On Thursday night, the SCLC will put on a gospel concert at 7 p.m. at Macedonia Baptist Church in Montgomery. The Wardlaw Brothers out of Georgia will be the keynote performers, with other local gospel artists following.

The concert is open to the public. "That's the way they did it 50 years ago. Fifty years ago they had Harry Belafonte, Sammy Davis Jr., all of them." said Steele.

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Alabama judge grants divorce to same-sex coupleThe Associated PressMarch 13, 2015

HUNTSVILLE, Ala. (AP) — A judge in Alabama granted a divorce to a same-sex couple a year after denying the same request.

Local media report Madison County Circuit Judge Karen Hall on Thursday certified the divorce of Shrie Michelle Richmond and Kirsten Allysse Richmond.

The pair married in Iowa in 2012 and filed for a divorce last March. Hall had ruled at the time that she didn't have the power to grant the divorce because Alabama's laws didn't recognize same-sex marriage.

Court records show the couple again filed for divorce Feb. 9, the day a federal judge's ruling striking down the state's ban on gay marriage took effect.

The Alabama Supreme Court last week halted same-sex marriages again.

The U.S. Supreme Court is expected to rule on the legality of same-sex marriages in June.

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Desegregation judge weighs testimony; no ruling date setAl.comMarch 12, 2015Paul Huggins

Huntsville has waited 45 years to end a federal desegregation order, and it will have to wait a bit longer to know if its plan to bring closure to the lawsuit has the U.S. District Court's approval.

After two full days of testimony and public comments, Judge Madline Haikala has begun deliberating on whether or not to approve the proposed consent order presented jointly by Huntsville City Schools and the U.S. Justice Department. She concluded action Thursday after 5 p.m., with no projections for when she will return with a verdict.

J.R. Brooks, attorney for the school district, said he wouldn't want to try to pick a date for when Judge Haikala will deliver her decision and only felt safe in saying he was pretty sure it wouldn't be Friday.

If approved and the plan works as well as intended, Superintendent Casey Wardynski said Huntsville could see unitary status in as early as three years, with some parts even earlier.

I think this decree is going to produce great results in this community." - Desegregation expert"It's certainly not months, it's not even year or two years," he said.

But beyond two years, there should be enough elements in place that demonstrate the district has the ability to sustain desegregation for the long term, the superintendent said. The court will look for a process that works and transparency in reporting on results, and once that's established, the court could award unitary status. It won't have to wait on something such as test results being equal at all high schools, he said.

"I don't imagine that would be all of it or even most of it, but some part of it," Wardynski said. "There's a part of it right now that both parties are agreed that they would re-approach the court about, which is transportation, and that could happen fairly near-term."

Wardynski was the first of two witnesses who took the stand Thursday at the federal courthouse in Downtown Huntsville. The other was Carlos Gonzalez, the court's expert on school systems that have successfully gained unitary status to end a federal desegregation order. Both were interviewed before lunch.

In the afternoon, Judge Haikala listened to public comments from more than 33 citizens, including parents, one student, five school board members, three council members, one former board member, a county commissioner, an NAACP representative and a few regular community activists.

After Wardynski testified under questioning by Brooks, Judge Haikala began questing Wardynski about "inconsistencies" with how his testimony this week didn't match up with testimony last June. For example, she asked about why he was against sending students from Hereford Elementary to Huntsville High last year but favors it now.

Wardynski said last year he was concerned about lack of federal funding for support services that wouldn't follow the Herford students to Huntsville, but then Haikala stopped him and read his testimony from June where he said Huntsville High is not accustomed to dealing with students behind their grade level.

The judge did accept the superintendent's explanation that both he and the justice department have learned a lot more about how to solve the desegregation challenges than they did last year.

Gonzalez testified that he thought the proposed consent order is a good, comprehensive plan and it is evident there is collaboration between school district and justice department to gain unitary status. He added it resembles successful desegregation plans he has reviewed previously.

"I think this decree is going to produce great results in this community," he said, but did make a couple of recommendations:

There needs to be oversight and transparency in the reporting process, with strong public involvement and a readily updated website. He also said the Desegregation Advisory Committee is a good idea for information, but "it is not, in any real sense, an oversight committee."

The other recommendation was for give it necessary funding, and make sure it's guaranteed early in the process to help the public maintain faith in the project. Similarly, the public needs to know how much the project is costing at all times, he said.

"No one should be under the illusion that this is an inexpensive decree. It is a very expensive proposition that the district is engaged in," Gonzalez said, but added that the price is worth it for improving educational output for all students.

There was common confusion by many in the attendance to why the justice department and school district were so deliberate in presenting the many facets of the proposed consent order when it was evident the two sides were in agreement. Why not just let the judge ask questions, which she did with some witnesses.

Wardynski said it was an effective way to bring more clarity to what the document contained and what the implications would be for students, parents and educators.

"A big chunk of this is community buy-in and community support," he said. "You can do anything for a little while. This is about doing it forever. Now everybody's getting a good education."

School Board President Laurie McCaulley said the two days in court was a "wonderful experience" for the school board because it got to hear more citizen comments and also give members a chance to show their commitment to the success of their plan.

One thing that stuck with her from the comments, she said, was there is a lot of misinformation because many things people asked for are in the plan. The board will need to be active in the community the next few weeks making clarifications, she said.

While Judge Haikala deliberates, she has the authority to make changes to the proposed consent order. That is something many of the parents were seeking in their comments, such as expanded grandfather clauses on protecting more rezoned students to as low as eighth grade and changing rezoned boundaries to reduce traffic hazards.

Wardynski said if the judge makes significant changes, he would be required to bring the document back to the board for its approval.

Before calling an end to the proceedings, Judge Haikala said she recognizes that some people are suffering by being kept in limbo and she will "endeavor" to reach a fair ruling as soon as possible. She also thanked the courtroom, including school officials, justice department attorneys and citizens, for the serious concern for which they have shown toward their school system.

"You can't fail when you care that deeply," she said.

The judge also recognized the hard work and long hours the school district and justice department spent to reach a compromise.

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Agency ends probe into publication of Harper Lee's new novelThe Associated PressMarch 13, 2015Kim Chandler

MONTGOMERY, Ala. (AP) — Alabama investigators looked into whether the recent deal to publish Harper Lee's "To Kill A Mockingbird" sequel involved financial fraud, but they have closed the inquiry, a state official said Thursday.

Alabama Securities Commission Director Joseph Borg said his agency sent an investigator to speak with Lee at the request of the Alabama Department of Human Resources. Borg said the department, which handles complaints of elder abuse, asked his investigators to look into the situation because of their expertise in financial matters.

"We closed the file. Let's just say that she was able to answer questions we asked to our satisfaction from our point of view," Borg said.

The surprise news that the 88-year-old author would publish a second book prompted speculation over whether she is capable of giving consent to the publication.

Borg said Lee seemed aware of what was happening with her book so his office closed its part of the probe. "We don't make competency determinations. We're not doctors," Borg said. "But unless someone tells us to go back in, our file is closed on it."

A high-ranking state official said the Department of Human Resources began an investigation into Lee's treatment following news that her second novel would be released. The official wasn't authorized to release the information publicly and spoke only on condition of anonymity.

While the Securities Commission has closed its file, the status of the larger investigation by the Department of Human Resources is unclear.

Barry Spear, a spokesman for the department, declined comment.

Lee lives in an assisted-living facility in her south Alabama hometown of Monroeville, the inspiration for "Mockingbird."

An arm of HarperCollins Publishers announced last month that a new Lee novel, "Go Set a Watchman," will be released in July. The publisher said Lee's attorney, Tonja Carter, who practiced in Lee's sister's local firm, found an unpublished manuscript of the book that was an early version of the story that would become "To Kill a Mockingbird." A call to Carter was not immediately returned.

"To Kill a Mockingbird" is among the most beloved novels in history, with worldwide sales topping 40 million copies. It was released on July 11, 1960, won the Pulitzer Prize and was adapted into a 1962 movie of the same name.