Transcript Highlights:

• <00:04:55.640> in made changes to their zoning codes in made changes to their zoning codes
• Um this session, we have tax code.
• for local government aid. for local government aid.
• <00:35:51.600> that that we can have local governments that that we can have local governments
• aids to local governments were slashed. aids to local governments were slashed.

Keywords: 919, house, all

Summary: House File 4845 was presented as a tax modernization and local aid bill that would adjust Minnesota income tax brackets for inflation, add a new top bracket of 10.85% for high earners, and increase local government aid and county program aid beginning in 2026. Representative Hollins said the bill would strengthen local government funding and require the Department of Revenue to recertify aid distributions. The chair noted the bill would be laid over for possible inclusion in the 2026 tax bill. Supporters, including St. Paul Mayor Melvin Carter? no, Mayor Kelly Her of St. Paul, AFSCME Local 34, and Rebuild Minnesota, argued that cities and counties need more stable revenue to cover rising costs, public safety, human services, and property tax pressure. They said the bill would help local governments meet unmet needs and reduce reliance on property taxes. Opponents from the Minnesota Business Partnership and Minnesota Chamber of Commerce argued the new top rate would hurt competitiveness, talent recruitment, and business investment, especially because many businesses pay through the individual income tax code. Some testifiers also opposed directing more aid to cities that they said restrict housing development, while others urged the committee to address unfunded mandates and fraud instead of raising taxes. During member discussion, Representative Joyce opposed creating another bracket and suggested using cannabis tax revenue instead. Representative Wiener said the state has a spending problem and cited fraud concerns, while Representative Roach questioned whether the bill truly helped greater Minnesota and noted the current LGA appropriation is just over $644 million. Representative Hollins responded that the proposal would mostly benefit greater Minnesota by shifting more of the tax burden to high earners in the metro area. No vote was taken; the bill was laid over for possible inclusion in the 2026 tax bill.

Transcript Highlights:

• The bill also allows charter school governing boards to adopt its own school code of conduct, as I discussed
• The bill authorizes the charter governing board to adopt their own code of student conduct, provided
• And a charter school governing board may adopt its own code of student conduct.
• The code of student conduct must meet or exceed the minimum standards set forth in the sponsor's code
• So complaints or appeals related to the charter's code of conduct are handled by the charter's governing

Summary: The Senate convened with a quorum, opened with prayer and the Pledge of Allegiance, and heard several member introductions before taking up the special order calendar. The chamber first postponed CS/SB 80 on state land management, then moved through a series of bills, often substituting House companions when identical or nearly identical. Early actions included unanimous passage of HB 295 on a comprehensive waste reduction and recycling plan, which directs DEP to develop a recycling and waste-diversion roadmap, and passage of CS/CS/SB 492 on land development and mitigation banking after amendments addressing out-of-service credits and former phosphate mine lands; that bill passed 35-3 after debate over possible constitutional concerns. The Senate also passed HB 255 on aggravated animal cruelty, adding a sentencing multiplier and a searchable FDLE database of convicted animal abusers, and HB 711 establishing the Spectrum Alert for missing children with autism, with $190,000 in nonrecurring implementation funds and a July 1, 2026 implementation date. The chamber then approved HB 1089 to add Duchenne muscular dystrophy to newborn screening, and HB 393 revising the My Safe Florida Condominium Pilot Program to expand eligible mitigation projects, lower the approval threshold, and clarify ownership and reimbursement issues. Members discussed funding levels and whether insurance premium credits would be required, but the bill passed unanimously. The Senate also passed HB 1145 on workforce education, HB 827 on a statewide study of automation and workforce impact, and HB 181 on parole guidelines, all without recorded opposition. CS/CS/SB 976 on court-appointed psychologists also passed unanimously, as did HB 1451 on sexual cyber harassment, which broadened protections against non-consensual and digitally forged intimate images. Later, the Senate approved HB 1156 creating the Home Health Aid for Medically Fragile Children Program, after clarifying training requirements and hearing support that the measure would help families keep medically fragile children at home while compensating trained parents. The chamber also passed HB 1091 on substance abuse and mental health care, with an amendment allowing designated facilities to retain stabilized patients who still meet involuntary examination criteria. Throughout the day, senators used questions and debate to probe charter school governance in CS/CS/SB 822, which was substituted with HB 443 and amended to expand charter autonomy over conduct codes, enrollment, reporting, and facility use while maintaining sponsor oversight; that bill was placed on the calendar for third reading rather than voted on in the excerpt. Several other measures, including SB 716, SB 76, and the final SB 1252 item, were postponed or not reached before the transcript ended.

Transcript Highlights:

• In such districts, citizens depend upon local governments to ensure that shared resources are properly
• The powers of local government and the power of the state.
• and building codes.
• I've never seen a development bulldozed if they don't follow building codes or anything like that.
• And so that's why the involvement of the local government will be central in my mind.

Transcript Highlights:

• Today, notices are hardwired or hard-coded into MAXIS.
• I feel like at this point in time they probably have the security codes are building.
• I feel like at this point in time they probably have the security codes are building.
• We severely restrict the tools that local governments have to raise their own revenue.
• We severely restrict the tools that local governments have to raise their own revenue.

Keywords: 1183, house

Transcript Highlights:

• We passed this law because... ...to amend today, Civil Code Section 1670.9.
• After Civil Code Section 1670.9 became law, we thought these problems had been solved.
• Civil Code Section 1670.9 became law.
• AB 1801 will pick up where California Civil Code Section 1670.9 left off.
• AB 1801 will pick up where California Civil Code Section 1670.9 left off.

Keywords: 987, senate, all

Transcript Highlights:

• respond to criminal code.
• respond to criminal code.
• respond to criminal code.
• respond to criminal code.
• sheriffs are 169 and 609 criminal code. sheriffs are 169 and 609 criminal code.

Bills: HF3874, HF3875, HF3378

Keywords: judicial funding, Chief Justice security, fiscal year 2028, court system, judicial branch, judiciary, court notices, restitution, child protection, publication process, human services, Optum reports, data privacy, transparency, legislative oversight, 1183, house

Summary: The committee approved the March 3 minutes and then heard a presentation from the Minnesota Judicial Branch on House File 3874, which was laid over for possible inclusion in a finance bill. State Court Administrator Jeff Shorba and Chief Judge Michael Fritz testified in support of a supplemental funding request focused on judicial branch safety and security, along with funding to cover the employer share of Minnesota Paid Leave costs. Shorba said the branch is seeking help because it did not receive funding for paid leave in the last session and is having to hold positions open to absorb the cost. The safety and security request included five parts: personal data protection for judges and court administrators, home security, two additional staff positions for threat assessment and coordination, security for the chief justice at public events, and a revived courthouse security grant program for counties. Testimony emphasized rising threats and incidents involving judges and court staff, including examples of doxing, home surveillance, and threats involving litigants, and cited increases in reported incidents, threats, and disturbances. Fritz said the branch’s current response system is stretched and that more law-enforcement-trained staff would improve coordination and response. Members questioned why the judicial branch should receive state funding for paid leave when private employers must absorb the cost, and Shorba responded that the branch was excluded from end-of-session funding decisions and that the mandate should be funded for all branches of government. Members also asked about the threat-response process and whether local law enforcement should be used more directly. Another concern raised was whether State Patrol troopers assigned to judicial security would have the training needed for criminal-code enforcement, and Shorba said the branch is discussing that issue with the State Patrol. No vote on the bill was taken in the portion provided.

Transcript Highlights:

• OK, so VCA code update.
• We had some local government participants.
• And if you want to, there's a QR code.
• And if you want to, there's a QR code.
• That's basically the governing, those are the governing documents and laws for the board.

Keywords: Virginia Commission for the Arts Board Meeting, 976, house, all

Transcript Highlights:

• The new crime fills a hole in our criminal code that currently exists.
• I request unanimous consent to withdraw the Government Organization Committee amendment.
• It also includes a section of code dealing with microgrids and high-impact data centers.
• Engrossed House Bill 5366, relating to rules governing the practice of law.
• Engrossed House Bill 5366 relating to rules governing the practice of law.

Keywords: 994, senate, all

Transcript Highlights:

• And in the government-wide statements... It comes combined.
• There are OMB policies that govern that.
• And the Century Code is structured that way.
• We're dealing with the federal government, and we're dealing with local governments.
• They all have their different sections of code.

Keywords: 908, all

Transcript Highlights:

• And I mentioned earlier in local governments, or our local government partners, for whom the tools could
• inside the LLM, but the code inside the government code that we're going to need to be writing to fix
• LLM, but the code inside the government code that we're going to need to be writing to fix us.
• So as far as the split between types of local governments or even types of local government programmatic
• So as far as the split between types of local governments or even types of local government programmatic

Keywords: 987, senate, all

Transcript Highlights:

• sales to Federal and local governments sales to Federal and local governments are<00:51:44.079><
• those issues for you um the governing those issues for you um the governing board<00:52:53.280><
• <01:04:40.200> government<01:04:40.760> marijuana<01:04:41.760> wouldn't government
• government marijuana wouldn't government government marijuana wouldn't compete<01:04:42.359> to
• 50th uh out of 50 states in tax code 50th uh out of 50 states in tax code progressivity<01:19:15.280

Keywords: 1183, house

Summary: The House Tax Committee met for an organizational and orientation session. Members and staff introduced themselves, with several lawmakers noting their districts, business backgrounds, and interest in tax policy. Chair Greg Davids then opened the committee’s first substantive item: a presentation from House Research and House Fiscal staff on how the committee works and on basic tax concepts. House Research staff Sean Williams and Chris Clayman explained their roles in drafting bills and amendments, writing bill summaries, answering legal and policy questions, and modeling tax proposals. They also described the committee’s key documents, including partisan and nonpartisan bill summaries, revenue estimates, fiscal notes, and supporting materials. Their presentation covered core tax concepts such as tax bases, rates, deductions, exemptions, credits, tax revenues, and tax expenditures, emphasizing that tax expenditures function like spending through the tax code and are reviewed by a legislative commission. The staff then reviewed Minnesota’s major taxes, focusing on the individual income tax and business taxation. They explained that Minnesota’s individual income tax starts with federal adjusted gross income, then applies state additions, deductions, subtractions, and credits, and that the state’s income tax brackets and rates are set separately from federal law. They also outlined the difference between corporate franchise taxes for C corporations and individual income tax treatment for pass-through entities, and discussed how the federal SALT cap led Minnesota and other states to adopt pass-through entity taxes so businesses could preserve federal deductibility of state taxes. Members asked questions about a duplicate “marriage penalty” entry on a slide, the purpose of Minnesota’s marriage penalty credit, comparisons with other states, and the timing and effect of the pass-through entity tax; staff answered that the duplicate was a mistake, the credit offsets bracket-related marriage penalties, and the pass-through entity tax was adopted in response to the federal SALT cap.

Transcript Highlights:

• The Property Code Chapter 51 governs liens on real property and authorizes trustees and subtrustees to
• the Texas Code Construction Act.
• documentation would govern the consequences of such invalidity.
• OK, for one more time, let me repeat uh the the chair codes. Zigella. OK.
• code as required for districts and authorities of this type.

Bills: HB74, HB175

Keywords: environmental project, public money, political subdivision, greenhouse gas emissions, federal law compliance, renewable energy, water conservation, retroactive child support, child conception, paternity, family law, health care expenses

Transcript Highlights:

• So today, statewide mutual aid is in place under Chapter 418 of the Government Code.
• And that’s based on the government code, I think 2001.054, I believe is the provision.
• The government code addresses one issue, but House Bill 1 and SB 2 create another format and another
• House Bill 1 and SB 1 are both specific and more recent than Government Code 2001.
• It never triggers the Government Code 2001.054B's protection.

Keywords: 1184, house, all

Transcript Highlights:

• A government cloud is...
• A government cloud is usually commercial, but it is specific to government agencies, a little more restrictive
• Part of the Azure Government Cloud would contain those stipulations, as well as being in the government
• We're still, that code is written in COBOL, correctly.
• My job is to enforce the election code.

Summary: The subcommittee first heard a panel on state cloud modernization efforts after canceling an LBR on the Department of Corrections’ OBIS project because the presentation materials were not submitted on time. Florida Digital Service, the Northwest Regional Data Center, and several agencies described how the state is assessing and migrating applications to cloud environments under the cloud-first policy. Northwest explained its 2023 cloud readiness assessment of 890 applications from 24 agencies, the criteria used to rate readiness and risk, and its recommendation to tackle lower-risk applications first. Agency updates covered the Department of Corrections’ modernization of 98 legacy applications tied to OBIS and cloud-native infrastructure, the Department of Elder Affairs’ Microsoft Power Platform modernization, the Department of Health’s health management and child protection systems, and FDOT’s large cloud program for transportation systems. Members repeatedly asked about costs, data ownership, disaster recovery, single sign-on, security tools, and whether cloud migration actually saves money; presenters generally said the focus is more on modernization, resilience, and efficiency than immediate savings, and that cost analyses are often application-specific rather than enterprise-wide. The discussion also covered governance and architecture questions. Florida Digital Service said agencies remain responsible for their own databases and cloud tenants, while FLDS provides advice and an enterprise architecture framework; it does not have statutory oversight over most projects, except for OBIS project oversight due to its size. Northwest said it is acting as a cloud broker for some agencies and is consolidating Azure and AWS payer tenants to seek better pricing, but agencies still make system-by-system decisions based on business needs, risk, latency, and total cost of ownership. Members raised concerns about fragmented data structures, the lack of a complete statewide application inventory, and the need for better interoperability and enterprise standards. Several agencies said disaster recovery is built into their cloud plans, and FDOT and Corrections described ongoing efforts to keep systems current through core platforms, training, and ongoing support. In the second half of the meeting, the Department of State presented two new technology requests. Secretary Byrd described the SunBiz corporate registry system as a 34-year-old platform supporting more than 3.5 million business entities and generating over $575 million in annual general revenue. He said the department had already virtualized the legacy hardware after earlier modernization efforts failed and is now seeking $800,000 recurring for password protection and $5 million nonrecurring to continue procurement for a replacement system. The department also presented the Florida Voter Registration System modernization request, noting that the current system is outdated and requires manual workarounds for some statutory changes. The department requested $2.4948 million nonrecurring and $44,000 recurring to procure a modernized FVRS solution, and staff said the feasibility study recommended a hybrid approach. Members asked about the study’s findings and about creating a database for voter eligibility information for returning citizens; the department said that would require data sharing with all 67 clerks of court and other entities such as DOC.

Transcript Highlights:

• The amendment is coded A2.
• The amendment is coded A5.
• There were major changes made to the Internal Revenue Code last year by the federal government, and we
• um last year by the federal Code um last year by the federal government<00:43:18.960> and<00:
• an act relating to state government an act relating to state government modifying<01:44:45.040><

Keywords: 919, house, all

Summary: The House took up House File 719, the capital investment/bonding bill, and members spent much of the debate praising committee staff and describing the bill as a bipartisan product shaped by statewide bonding tours and negotiations. Supporters highlighted major infrastructure and public facility projects, including water and sewer work, transportation projects, housing, natural resources, and specific local needs such as Grand Marais, the Manomomen County hospital/nursing home, and airport tower funding. Several members emphasized that the bill was a “Team House” effort and argued that infrastructure funding should not be treated as partisan. During debate, members also focused on the bill’s water infrastructure investments and the need for broader, dedicated funding to address lead pipes, PFAS contamination, and rising wastewater costs. Representative Lee noted that more than $400 million in the package went to water infrastructure, while other speakers pointed to transportation funding and a one-time reduction in tab fees as important elements of the bill. Representative Franson and others urged support, saying the package reflected statewide needs and was a down payment on larger asset-preservation needs. The House adopted three technical amendments to House File 719, then gave the bill its third reading. After floor discussion, Representative Niska moved to lay House File 719 on the table, and the motion prevailed, tabling the bill. The chamber then moved on to House File 2484, the cash portion of the infrastructure package, where members again described the measure as a small but important funding bill and discussed a Lower Sioux Indian Community Dakota language item and the limited size of each caucus’s cash allocation.

Transcript Highlights:

• So by zip code again, you can see some zip codes have quite high numbers, 800s and thousands by zip code
• It actually is a government agency.
• It actually is a government right?
• also the once we have a a government also the once we have a a government industry<01:46:09.360>
• federal government. federal government. >> Yes. >> Yes. >> Yes.

Keywords: 910, house, all

Summary: The joint informational briefing from the House Committee on Agriculture and Food Systems and the Senate Committee on Agriculture and Environment focused on the Department of Agriculture and Biosecurity’s update on Hawaii’s biosecurity framework, especially implementation of Act 231 (2024) and Act 236 (2025). Chairs Corey Chun and Mike Gabbard opened the meeting by framing the briefing as an update on investments to fight invasive species and improve statewide evaluation and coordination. Department leaders Sharon Her and Richard Kim described historic legislative and executive investments that have allowed the department to rebuild and modernize biosecurity infrastructure to better prevent, detect, control, and eradicate invasive species. The presentation emphasized the importance of biosecurity to Hawaii’s agriculture, economy, environment, and public well-being, citing threats such as rapid ohia death, little fire ant, coconut rhinoceros beetle, brown tree snake, and red imported fire ant. Staff explained the state’s layered approach—pre-border, border, and post-border—and compared it to New Zealand’s model, stressing that Hawaii must act as a “net, not a wall” and that prevention before entry is far more cost-effective than response after establishment. They also outlined agency roles across the system, including agriculture, natural resources, health, transportation, enforcement, and university partners, and noted that Act 231 strengthened authority over high-risk imports, offshore treatment, compliance agreements, and pest management plans, while Act 236 renamed the department and clarified statewide biosecurity coordination. Jonathan Ho then walked through specific program areas and progress. He said pre-border risk analysis is being supported by Act 231 funding and a university contract, while offshore compliance and treatment efforts have improved substantially, including Christmas tree inspections from Oregon and Washington and airline declaration systems that provide advance passenger information. For border work, he highlighted inspections, surveillance, detector dogs, and port monitoring. For post-border response and readiness, he discussed the invasive pest hotline and dashboard, trace-forward/trace-back and diagnostics, preparedness for future threats, and the need to build stronger internal capacity. He also described a developing transitional facilities program authorized by Act 236, modeled on New Zealand’s certified facilities system, and said the department has already begun outreach to industry groups such as the Hawaii Floriculture and Nursery Association. No votes or formal actions were taken; the meeting was informational only.

Transcript Highlights:

• Building codes are a necessary and overdue step.
• should include a stretch resilience code.
• A stretch code is a type of building code.
• A stretch code is a type of building code that a city or town can choose to adopt to exceed the requirements
• of statewide code.

Keywords: 995, all

Summary: The hearing focused on the Healey-Driscoll administration’s Mass Ready Act, a $3 billion environmental bond bill. Administration officials said the bill would fund climate resilience, clean water, land conservation, parks, PFAS remediation, food security infrastructure, and coastal and inland flood protection, while also streamlining permitting for housing, restoration, and other resilience projects. They emphasized that the bond authorizes spending but does not itself obligate it, and said the proposal includes deauthorizations as housekeeping. Committee members asked about the new Resilience Revolving Fund, flood and drought management, MVP funding, land acquisition, Chapter 61 right-of-first-refusal changes, salt marsh carbon sequestration, and how the bill would help smaller municipalities and offset expected federal funding losses. Officials said the revolving fund would be managed through EEA and the Clean Water Trust, with criteria aimed at directing aid to communities most in need, and noted that drought issues would continue to be handled through existing DEP and drought commission tools. Several committee members and witnesses discussed specific policy provisions, including flood disclosure requirements for homebuyers and renters, expanded authority for regional planning and small-town access to grants, and permitting reforms that would exempt or expedite certain environmental restoration and priority housing projects from more time-consuming review processes. Administration witnesses defended the reforms as a way to achieve the same environmental outcomes faster and with more certainty, while some advocates argued the bill should go further, especially on Chapter 91 and restoration permitting. The administration also described investments in DCR facilities, water and wastewater systems, open space, agricultural easements, and a new focus on blue carbon and salt marsh restoration. Public testimony largely supported the bill. Mass Audubon, the Trustees of Reservations, the Environmental League of Massachusetts, The Nature Conservancy, MAPC, the Massachusetts Municipal Association, municipal officials, and others praised the bill’s resilience, conservation, and water infrastructure investments. Some witnesses urged additional funding for land protection, coastal resilience, buyouts, and restoration, and several called for stronger or simpler permitting reforms. Municipal witnesses from Boston, Beckett, Beverly, Conway, and regional planning organizations stressed the need for flexible financing, especially for small and rural communities facing costly infrastructure and climate adaptation projects. No votes were taken during the portion of the hearing provided; the committee heard testimony and asked questions before moving on to additional panels.

Transcript Highlights:

• It's in the code, so I think that's saying. Oh, they put it back in?
• Madam Chair, I think it's throughout code is what's happening.
• And so when they draft this, you have to draft with current code language.
• Throughout code as a bill.
• The federal government still uses the term child pornography.

Bills: HCR3028

Keywords: human trafficking, victim services, re-entry programs, legislative study, public safety, mental health, law enforcement, 908, all

Summary: The Judiciary Committee heard and acted on several measures related to human trafficking, criminal procedure, and child protection. It first took up House Concurrent Resolution 3028, which would direct a legislative study of human trafficking victim services and re-entry programs. The sponsor and supporters emphasized helping victims rebuild basic life and workforce skills and better understanding existing services; YouthWorks and the North Dakota Catholic Conference described current programs and the trauma victims face. The committee discussed overlap with other interim studies, then voted unanimously to give the resolution a due pass, with Senator Braunberger designated to carry it. The committee then considered House Bill 1263, concerning sealing criminal records, and moved it forward without changing the House version after members noted the House had removed presumption language and reduced the waiting period. That bill also received a due pass recommendation. Next, House Bill 1226, which revises the state’s mask law for public places, drew testimony from the sponsor and an expert witness who argued that masking to conceal identity during group criminal conduct undermines public safety and law enforcement. Members debated the House-added requirement that law enforcement request unmasking; the committee adopted an amendment to remove that language, then passed the bill as amended, with Senator Luick to carry it. Finally, the committee heard House Bill 1410, a study resolution on criminal conduct against children, including child sexual abuse, physical abuse, neglect, and the use of artificial intelligence in exploitation crimes. Supporters from the Child Sexual Assault Prevention Task Force, YouthWorks, and the Children’s Advocacy Centers of North Dakota said the study would help update outdated terminology, review AI-related issues, and improve investigation and prosecution tools. The committee approved the resolution with a due pass recommendation, and Senator Cory was assigned to carry it. The committee also received a brief report that, in a quick review, there were 82 active studies introduced, including 10 shall studies and 35 shall-consider studies, with limited overlap identified beyond the trafficking-related measures.

Transcript Highlights:

• of Revenue show that local governments of Revenue show that local governments across<00:15:03.160
• And I'm not trying to blame local governments here.
• And I'm not trying to blame local governments here.
• The shifting of costs of government The shifting of costs of government provided<00:25:01.400>
• <00:25:14.160> are it is our local units of government are it is our local units of government

Keywords: 1187, senate, all

Transcript Highlights:

• I'm talking about violations of the code of ethics.
• I'm talking about violations of the code of ethics.
• <00:29:49.679> Council the code of ethics. That's it. Council the code of ethics.
• That's again under the code of ethics.
• I don't again under the code of ethics.

Keywords: 958, all

Summary: The Kentucky Legislative Ethics Commission met on November 18, 2025, approved the October 14 minutes, and then took up five motions in ethics matters 24LEC3 and 24LEC6. Those motions included a renewed motion to dismiss and motion to quash by Representative Daniel Gberg, a renewed motion to compel/sanctions and continuance request by Mr. Jenkins, and competing motions in limine concerning evidence and redaction of deposition transcripts. Vice Chair Mike Schaw was appointed hearing officer for the motion practice, and the commission agreed to hear the motions one at a time in open session. Representative Chris Lily joined later by Zoom. Counsel for Representative Gberg argued the remaining allegations were minor, that the commission lacked key exculpatory materials such as an alleged LRC report, policies, procedures, and training materials, and that the record did not support the ethics charges. She also argued the case had been broadened by extraneous allegations and that the respondent had been unfairly prejudiced. Enforcement counsel responded that he had produced all materials in his possession, that any LRC materials were not in the commission’s custody, and that the commission’s probable-cause findings were based on sworn testimony and affidavits already in the record. He argued the motions to dismiss and for summary judgment should be denied because genuine issues of material fact remained and the commission had already found probable cause on three ethics violations. Commission members questioned both sides about the alleged LRC report and whether it was part of the commission’s record. The chair stated the commission had not relied on any LRC report and had not withheld anything, while another member emphasized that the proceeding concerned alleged violations of the ethics code, not LRC sexual-harassment policy. A commissioner also noted the unusual structure of the proceeding and questioned whether the complaints, taken as true, stated a basis for dismissal. The transcript ends during continued discussion of the standard for dismissal and summary judgment, with no final ruling on the motions captured in the excerpt.