Video & Transcript : 'declaratory judgment' :

Page 56 of 215
OK

Oklahoma 2026 Regular Session

Agriculture and Wildlife Apr 13th, 2026 at 10:00 am

Agriculture and Wildlife

AZ

Arizona 2026 Regular Session

03/05/2026 - Senate Floor Session

Arizona Senate Floor Meeting

Transcript Highlights:
  • the ability of a judge to impose a lesser prison sentence or suspend the sentence using their best judgment
  • H.H. 22, 42, 44, eviction, satisfaction to judgments. Public safety. Property tax.
ID

Idaho 2026 Regular Session

Mar 4th, 2026

Health and Welfare

Transcript Highlights:
  • by the court to influence the determination or ruling of the court, perhaps, and the professional judgment—again
  • report is just simply a statement of findings and not the personal opinions or the professional judgments
NM
Transcript Highlights:
  • So ultimately, that judgment may go in their favor and the municipality or the rural community may be
  • fight it out to make sure that this is attributed to their workplace exposure so ultimately that judgment
Summary: The House Labor, Veterans and Military Affairs Committee met and first announced that House Bill 132 would be rolled at the sponsor’s request because amendment language was still being worked on. The committee then proceeded without full quorum for part of the meeting and moved to House Bill 285, which concerns New Mexico’s disabled veterans property tax exemption. The sponsor and administration explained that the amended bill is a technical cleanup intended to clarify that the exemption applies to a veteran’s primary residence, address multiple-owner situations, and remove duplicative statutory language. Support came from New Mexico counties, the Tax and Revenue Department, and the Department of Veterans Services, all saying the bill would improve uniform administration without changing the substance of the exemption. Members also discussed broader concerns about veteran housing and homelessness, though the sponsor noted those issues were outside the bill’s scope. After quorum was established, the committee formally adopted the amendment to HB 285 and then passed the bill as amended on a do pass motion. Members asked about protest timelines and how the clarification would help veterans who are waiting on certification; the sponsor explained that the bill preserves the ability to protest within existing timeframes and gives veterans additional time to secure certification. The committee then took up House Bill 128, which updates New Mexico’s occupational disease and disablement law for firefighters by expanding presumptive cancer coverage and aligning the state list with newer research and federal changes. Testimony in support came from firefighters, labor groups, workers’ compensation officials, and medical experts, who described occupational cancer as a major cause of firefighter deaths and said the bill would reduce the burden on sick firefighters by presuming coverage rather than forcing them to prove causation. Members also raised questions about women firefighters, the five-year employment baseline, and fiscal impact, and the bill sponsor and Dr. Wu explained that the five-year standard reflects federal compromise and current data limitations. The committee then approved HB 128 on a do pass motion and adjourned.
WA

Washington 2025-2026 Regular Session

Senate Law & Justice Feb 3rd, 2026 at 08:30 am

Law & Justice

Transcript Highlights:
  • And I just want to make sure that we leave a path for an officer exercising their professional judgment
  • to take into account... ...an officer exercising their professional judgment to take into account what
WA

Washington 2025-2026 Regular Session

Senate Law & Justice Feb 3rd, 2026

Transcript Highlights:
  • And I just want to make sure that we leave a path for an officer exercising their professional judgment
  • when they come into somebody's home for this purpose. ...an officer exercising their professional judgment
Summary: The Law and Justice Committee met on February 3rd to take executive action on several bills and gubernatorial appointments. The committee first considered Senate Bill 5925, which would expand Attorney General investigative authority through civil investigative demands. Members debated amendments to limit the bill’s reach, including protections for small businesses, exclusions for law enforcement use-of-force matters, and changes to appeal deadlines. Amendment Charlie was adopted, Amendment Delta failed, Amendment Alpha failed, and Amendment Echo was withdrawn. The bill then received a due pass recommendation to the Rules Committee. The committee next worked through Senate Bill 6086 on judicial officer safety and threat assessments. A proposed substitute retained threat-assessment provisions while removing some personal-information and consultant-related sections. Amendment Foxtrot 1, which would have removed security consultant authority, was not adopted, and the proposed substitute was approved and sent to the Rules Committee. Senate Bill 6074, concerning reinstituting parole, was narrowed in a proposed substitute to create a parole reinstitution work group with legislative appointment authority and a 2027 reporting deadline; an amendment adding victim advocate members was adopted, and the bill advanced to the Rules Committee. The committee also considered Senate Bill 6296 on involuntary treatment. The proposed substitute made multiple changes to enforcement, prosecutor representation, peace officer duties, intimate partner definitions, and firearms-related provisions. Amendments to remove firearm-related changes and to clarify officer liability and home-entry authority were debated; Kilo-2 and Kilo-3 were not adopted, and the proposed substitute ultimately passed and was sent to the Ways and Means Committee. The committee then confirmed several gubernatorial appointments, including Kristen Ferrer, Lisa Mannion, Kate Ben Ward, and Rochelle Cleland, and concluded by thanking staff and adjourning at the house-of-origin policy cutoff.
ID

Idaho 2026 Regular Session

Jan 29th, 2026

Education

Transcript Highlights:
  • We place a strong emphasis on ethics, data privacy, bias, and professional judgment.
  • And we place a strong emphasis on ethics, data privacy, bias, and professional judgment.
Committee: Senate Education
MO

Missouri 2026 Regular Session

Judiciary Jan 21st, 2026 at 12:00 pm

Judiciary

Transcript Highlights:
  • It said the entry of a judgment of adoption terminates all relationships between the judgment of adoption
Summary: The Judiciary Committee met and first heard House Bill 2086, which would make Missouri’s elimination-of-bias continuing legal education hour optional rather than mandatory for attorneys. Sponsor Rep. Ben Keathley argued the requirement is relatively new, can be politically driven, and takes away flexibility from lawyers who need CLE hours more relevant to their practice. Several members strongly opposed the bill, saying implicit-bias and cultural-competency training is important for the legal profession, helps attorneys better serve diverse clients, and should remain required. Testimony in favor emphasized attorney autonomy, while opposition from the NAACP and others stressed that such training addresses real-world issues in law practice. No vote was taken; the public hearing was closed. The committee then heard House Bill 2164, sponsored by Rep. David Dolan, which clarifies Missouri wrongful-death law so that a claim may proceed even if a deceased person’s biological parent had parental rights terminated. Dolan said the bill was prompted by a judge’s question and research into other states’ approaches, and he sought to make Missouri law more certain in cases involving adoption and terminated parental rights. Members expressed support, noting similar treatment in other states. There was no opposition testimony, and the hearing concluded without a vote. Finally, the committee heard House Bill 2167, also sponsored by Rep. Dolan, which cleans up statutory language to refer to the female Attorney General and would allow the Attorney General’s office to commission its own investigators rather than relying on commissions from county sheriffs. Supporters from the Attorney General’s office said the change would reduce bureaucratic hurdles, avoid conflicts of interest, and preserve POST-certified standards for investigators who already assist in complex statewide cases. Some members and an opponent raised concerns about giving the office arrest authority and about potential political misuse of that power. The Attorney General’s office said it does not typically make arrests but that the authority could help protect investigators in the field. The hearing ended with no vote, and the committee adjourned for the day.
FL

Florida 2026 5th Special Session

Transportation Jan 20th, 2026

Transcript Highlights:
  • So I think that, you know, you're going to have to use best judgment when it comes to that, because,
  • is, you know, the folks that have those provisions to get around are acting in and having better judgment
Summary: The Transportation Committee met with a quorum and first took up SB 654 on traffic infraction enforcement, a comprehensive bill addressing red light, school zone speed, and school bus camera programs. The sponsor said the measure was intended to improve consistency, transparency, privacy protections, and due process, including virtual hearings, record-retention rules, limits on remote surveillance and data use, school zone flashing-light requirements, clerk fee retention, and school board approval and reporting for school bus camera systems. An amendment clarifying reporting periods and liability-transfer affidavits was adopted without objection, and after questions about information sharing, facial recognition, school zone warnings, and school bus stop safety, the committee reported the bill favorably as a committee substitute. The committee then adopted a delete-all amendment to SB 1080 on transportation, which required FDOT rules on direct payments to first-tier subcontractors and certain takeover agreement terms involving sureties and replacement contractors. With no opposition, the amended bill was reported favorably. The committee also unanimously recommended confirmation of a slate of appointments in tabs 1 through 6 after taking a single roll call vote. Next, the committee considered SB 382 on electric bicycles and scooters. A strike-all amendment shifted the bill away from immediate enforcement changes toward data collection and study, while retaining rules requiring riders to yield to pedestrians, provide an audible signal before passing, and limit speed near pedestrians, and creating a task force to study e-bike safety and recommend future policy. Members raised concerns about enforceability, shared-use paths, access barriers for users who rely on e-bikes, and whether data would be shared with local governments; supporters from law enforcement and advocacy groups appeared in support. The amended bill was reported favorably. Finally, the committee reported favorably on SB 684, which allows electronic signatures in connection with total-loss vehicles and vessels, and SB 880, which creates a Miami Northwestern Alumni Association specialty license plate. The meeting ended after all items were approved and the committee rose without objection.
WA

Washington 2025-2026 Regular Session

Statute Law Committee Dec 10th, 2025

Statute Law Committee

Transcript Highlights:
  • We make those judgment calls every session.
  • We make those judgment calls every session.
Summary: The Statute Law Committee met on December 10, 2025, approved the June 10, 2025 minutes, and received a publications update noting that the 2025 RCW volumes and session laws are available, with sales continuing a gradual decline but generally tracking prior years. The committee also heard that the office remains fully staffed and financially stable, with projected year-end funds remaining and a healthy publications fund balance. A major discussion centered on a proposal from retired Judge Ann Levinson to make the code more reader-friendly when chapters are repealed and recodified, especially after the civil protection orders reform in E2 SHB 1320, which consolidated multiple protection order laws into new chapter 7.105 RCW. Levinson argued that current disposition-table language such as “repealed by” can be confusing to the public and may appear to signal legislative disapproval, and suggested adding a simple pointer to the new chapter. Code revisers explained their current practice, the limits of their editorial discretion, and the technical and policy concerns involved, while expressing support for some form of “see also” guidance and noting that hyperlinking session-law citations in disposition tables may also help readers find the new law. The committee also discussed office operations, including a planned move from the modular offices back into the rebuilt Pritchard building, expected in late 2026, with improved space, storage, and enclosed offices. Staff proposed changing regular Monday-through-Thursday office hours from 8 a.m.–8 p.m. to 8 a.m.–7 p.m., with exceptions for active work, client requests, and floor action; the proposal was supported by a chart showing that many evenings have no work after 7 p.m., though late nights would still occur during busy periods. The meeting ended with acknowledgments of retiring staff, including editor Barb Sage after 37 years of service, and a farewell to Vice Chair Sam Thompson, whose successor had just been selected.
FL

Florida 2025 Regular Session

November 18, 2025 - 03:30 PM

Transcript Highlights:
  • Adams said they were not fit to be trusted by the public because of their lack of judgment. And...
  • Adams said they were not fit to be trusted by the public because of their lack of judgment.
Summary: The committee first took up HB 133, which would lower the minimum age to purchase a long gun from 21 to 18. The sponsor and supporters argued the bill restores the rights of adults 18 and older, emphasizing constitutional rights, military service, voting, jury duty, and parental responsibility. Opponents, including gun violence prevention advocates and several members, cited Parkland and the recent FSU shooting, argued that people under 21 are still developing and more impulsive, and said the current law helps protect public safety. After extensive debate and public testimony on both sides, the committee voted 11-5 to report HB 133 favorably. The committee then considered PCS for HB 35, which adds driving without a valid license to the offenses that can lead to habitual traffic offender designation and is named Isaiah’s Law in memory of a child killed by an unlicensed driver. Supporters said it addresses repeat dangerous conduct and should help prevent similar tragedies. One member questioned whether it was a knee-jerk response, while others said it was a reasonable accountability measure. The PCS passed unanimously, 16-0, and was reported favorably. Finally, the committee heard HB 245, which updates Florida law to use more accurate terminology for child sexual abuse material rather than “child pornography,” and includes related technical corrections. The sponsor said the change better reflects the seriousness of the crime and asked whether the bill also covered AI-generated material; the sponsor said the statute already addresses such references. After a technical amendment was adopted, the bill passed unanimously, 16-0, and was reported favorably. The chair also reminded members to maintain respect toward public witnesses and each other before adjourning the meeting.
TX
Transcript Highlights:
  • Business and Commerce Code, specify that the bill does not apply to home loans or the collection of a judgment
  • Business and Commerce Code specify that the bill does not apply to home loans for the collection of a judgment
Summary: The committee first took up pending business and favorably reported several House bills without opposition, including HB 11, HB 132, HB 1041, HB 1606, HB 2286, and HB 5061. Each was moved out of committee with a recommendation that it do pass and be printed, and several were also recommended for the local and uncontested calendar. The committee then heard HB 3306, which would extend existing construction-contract indemnity exceptions to electric infrastructure construction, maintenance, and vegetation management work for electric utilities and transmission and distribution utilities. The sponsor said the bill would reduce litigation and insurance costs for ratepayers, while construction industry witnesses argued it would shift liability onto subcontractors and create broad-form indemnity in a way Texas law has generally prohibited since 2011. HB 3306 was left pending. The committee also heard HB 4739, a Comptroller-requested cleanup bill to repeal an outdated Finance Code provision requiring remittance of a portion of certain delinquency charges to the state, and HB 3803, HB 3804, and HB 3806, all Department of Banking-requested cleanup bills dealing with confidentiality and supervision rules for perpetual care funds, state banks, and trust companies. Those bills were briefly explained and left pending without testimony. HB 4219, aimed at improving Public Information Act compliance by requiring timely notice when records do not exist or are being withheld, allowing complaints to the Attorney General, and imposing training and fee consequences for noncompliance, drew support from a journalist and a policy analyst and was also left pending. The committee then heard HB 4238 on coerced debt and identity theft. The sponsor explained that the committee substitute narrows the bill to court-ordered findings of identity theft/coerced debt, gives collectors seven business days to stop collection activity, and removes a section to avoid litigation over court orders. A law professor and a family violence advocate testified in strong support, describing coerced debt as a barrier for domestic violence and elder abuse survivors trying to rebuild credit and access housing, jobs, and utilities. The bill was left pending. HB 1522, which would require local governments to post meeting notices three business days in advance and make budget materials more accessible online and in physical form, also drew support, though a school business officials representative raised concerns about the timing language, proposed-budget wording, and taxpayer impact statements for school districts; the bill was left pending after discussion. Later, the committee heard additional pending bills, including a PUC background-check bill that would expand the commission’s authority to check current employees and contractors and obtain FBI criminal history information, HB 3805 updating money services business regulation, HB 431 extending HOA solar-panel protections to solar tiles, and HB 3228 and HB 3229 on wind and solar recycling financial assurance and recycler solvency. HB 3228 received support from a Sierra Club witness who said recycling and disposal plans are needed for end-of-life renewable energy equipment, and HB 3229 was described as requiring recyclers to show financial resources at 125 percent through a letter of credit or bond. These bills were heard and left pending.
HI

Hawaii 2025 Regular Session

House Chamber - Wed Apr 16, 2025, 11:30AM HST - Day 52

Hawaii House Floor Meeting

Transcript Highlights:
  • And I believe it ultimately fosters unwanted and undesirable judgment and division.
  • Representative Shimizu: I believe it ultimately fosters unwanted and undesirable judgment and division
AL

Alabama 2025 Regular Session

Alabama House Education Policy Committee Mar 19th, 2025

Education Policy

Transcript Highlights:
  • I didn't want to rush to judgment to vote on this legislation. ...rush to judgment to vote on this legislation
Bills: HB298 , HB342 , HB332 , HB344
FL

Florida 2025 Regular Session

Criminal Justice Mar 11th, 2025

Criminal Justice

Transcript Highlights:
  • It was a final judgment out of the Eastern District of North Carolina. It was not appealed. Okay.
  • It was a final judgment out of the Eastern District of North Carolina. It was not appealed. Okay.
Summary: The committee heard and acted on several criminal justice, public records, nuisance, and firearms bills. SB 1168, by Sen. Leak, would create a second-degree felony for aggravated installation or use of a tracking device or application when done in furtherance of a dangerous crime; it passed unanimously. SB 1054, by Sen. Garcia, would increase penalties for tampering with electronic monitoring devices, require immediate revocation of pretrial release for tampering, and bar further pretrial release on the current charges; after testimony raising concerns about unintended consequences and proof issues, it was reported favorably unanimously. SB 1198, by Sen. DeSigley, addressing fraudulent use of gift cards, was substantially revised by a delete-all amendment and a technical amendment, then reported favorably with support from retail and industry groups. SB 710, by Sen. Osgood, would create a public records exemption for personal identifying and location information of current and former Crime Stoppers employees, board members, and volunteers; it was reported favorably unanimously. SB 1022, by Sen. Wright, would strengthen nuisance abatement enforcement by raising fines, allowing tax-collector collection and special assessments, and authorizing foreclosure on unpaid liens; it was reported favorably after support from the Orange County Sheriff’s Office. SB 716, by Sen. Martin, would impose mandatory minimum sentences for certain sexual offenses by registered sexual offenders or predators and bar early release; after an amendment to tie the penalty to prior convictions rather than registration status, it passed favorably. SB 878, also by Sen. Martin, would extend probation supervision for certain misdemeanor controlled-substance offenses and align them with existing alcohol-related probation rules; it passed unanimously. Finally, SB 952, by Sen. Guglia, would repeal the statute allowing firearm and ammunition sales restrictions during certain declared emergencies; after extensive testimony from gun-rights advocates and debate about local emergency ordinances, it was reported favorably.
HI
Transcript Highlights:
  • Refer to your judgment. Okay, we'll go ahead and put a bad date on it, April 23, 2057.
  • Refer to your judgment. Okay, we'll go ahead and put a bad date on it, April 23, 2057.
Summary: The Judiciary Committee held a decision-making-only agenda and voted on a series of bills, mostly following the chair’s recommendations. Measures passed unamended included SB 1202 on allowing campaign funds for child care and dependent care costs, SB 30 requiring all moped drivers to wear helmets, SB 55 requiring state administrative rules to be posted in a digitally accessible and searchable format, SB 106 on pedestrian conduct more than 200 feet from a crosswalk, SB 344 requiring helmets for skateboard users under 16, SB 849 increasing penalties for harming native species, SB 1337 clarifying Stadium Authority quorum rules, and SB 268 reducing the size of island burial councils and removing certain membership requirements. SB 1511, which prohibits vessels longer than 75 feet from entering Honay Bay, was also adopted, though the transcript includes some inconsistent wording about whether it was amended. Several bills were approved with amendments. SB 1048 on solicitation of funds from the public was amended to remove a ministerial exception and to require certain charitable organizations and fundraising platforms to file written contracts with the Department before commencing solicitations. SB 109 was amended so that, in specified circumstances, the ʻŌlelo Hawaiʻi version of a law would be binding when the law was originally drafted in English, translated into Hawaiian, and later amended. SB 66 on county building permits was amended to add a bad date, April 23, 2057. SB 1312, deferred to the 10 o’clock agenda, clarified that “profits from prostitution” includes money or property received from prostitution proceeds even if characterized as reimbursement or debt repayment; it was also passed with amendments. The committee also adopted a recommendation to pass SB 55 and other measures with the noted excused absences of Senator Gabbard and, at times, other members. Throughout the meeting, no major opposition was recorded beyond one member voting no or with reservations on some bills, and the chair repeatedly announced that the recommendations had been adopted. The meeting concluded after the 10 o’clock agenda, with notice that the committee would meet upstairs for later agendas with WHAM.
NH

New Hampshire 2026 Regular Session

House Ways and Means (02/04/2026)

Ways and Means

Transcript Highlights:
  • Committee for two terms is you can tax just about anything, but you really make a huge error in judgment
  • Committee for two terms is you can tax just about anything, but you really make a huge error in judgment
  • when you tax one thing error in judgment when you tax one thing too<00:35:08.720><c> much.
  • U so that we could make<01:33:59.280><c> good</c><01:33:59.520><c> judgments.
  • U so that's in make good judgments.
HI
Transcript Highlights:
  • Perhaps there is going to be a dialing back of the judgment itself, but again, I'm speculating.
  • Um, perhaps there is going to be a dialing back of the judgment itself, but again, I'm speculating.
  • Reconsideration was kind of the priority because of the impacts of the judgment.
  • came down in December uh the judgment came down in December uh reconsideration<00:54:25.760><c> was<
  • um that's being the focus now judgment um that's being the focus now secondarily<00:54:33.520><c> it's
Summary: The joint hearing covered three measures. SB 1602 would appropriate funds to DLNR for monitoring wells for the Koho aquifer system; DLNR and HHFDC supported it, and written testimony from several organizations and individuals was also in support. Members asked whether monitoring wells are a statewide function rather than a county function, and staff confirmed they are done statewide. The second bill was an administration measure clarifying that criminal water pollution enforcement remains with the Department of Health rather than DLNR. The Attorney General’s office said it was a cleanup clarification and that DOH has stronger enforcement powers and better testing capability; DOH and DLNR supported it, and there was no opposition noted. The final and most heavily debated measure was SB 1074 on environmental impact statements. The bill would let previously authorized or permitted commercial activities continue for up to one year while an agency determines whether environmental review applies after a challenge, and would allow permit renewals during that review. DLNR said it stood on written comments and suggested aligning the bill with similar House language. Supporters, including several ocean tourism and Maui business representatives, argued the bill would provide certainty and keep families and small operators working while environmental review is completed, especially in the wake of the Lahaina fires and ongoing business losses. Some supporters said the measure should be narrowed with a sunset or limited to recently renewed permits. Opponents, including the Office of Planning and Sustainable Development, Earthjustice, the Sierra Club, and other environmental advocates, argued the bill was overly broad and could weaken HEPA/NEPA-style environmental review, especially for fisheries and other commercial activities. They said the bill could be used as a “Trojan horse” to avoid review and that DLNR could resolve the underlying disputes more quickly through settlement or existing exemption processes. No votes were taken during the hearing.
NH

New Hampshire 2025 Regular Session

House Children and Family Law (02/11/2025)

Transcript Highlights:
  • or provider reasonably believes in his or her<01:28:51.880><c> professional</c><01:28:52.400><c> judgment
  • that the child her professional judgment that the child has<01:28:53.600><c> been</c><01:28:54.199><
  • You could have made those judgments instead.
  • But that's a single individual making a judgment call.
  • </c><05:07:46.400><c> call</c> single individual making a judgment call single individual making a judgment
Summary: The House Children and Family Law Committee opened with a brief prayer for Representative Grossman’s son, Oscar, who was reported to be in critical condition after a traumatic fall. The committee then took up House Bill 430, which would reduce DHHS retention of unfounded abuse and neglect reports from 10 years to 3 years. Prime sponsor Chairman James Spain argued that 10 years is excessive and burdens families with a long-lasting stigma, while emphasizing that founded reports and reports with reasonable concern would still be retained indefinitely. Committee members questioned whether longer retention helps identify malicious reporting or patterns of abuse, and whether parents understand the distinction between unfounded and unfounded with reasonable concern. The Office of the Child Advocate and DCF opposed the bill. Child Advocate Cassandra Sanchez said historical reports are important for identifying patterns, reviewing critical incidents, and understanding family dynamics, and that screened-out and unfounded reports can be essential context when later reports arise. She also noted that the records are highly confidential and not publicly accessible. DCF General Counsel Susan Larabe added that the bill could create inconsistencies by retaining screened-out reports longer than unfounded reports, and explained that unfounded reports can be used in court and in administrative reviews when there are multiple prior reports. The committee discussed how other states handle retention, with testimony that some keep records indefinitely and others for long periods. The hearing on HB 430 concluded, and the chair said the bill would not be executed until early March, leaving time for amendments. The committee then opened House Bill 187, concerning restraining orders sought by a parent on behalf of a minor child. Prime sponsor Representative Mike Belcher said the bill is intended to correct a gap in the law so children can access the same restraining-order protections adults can, through a parent or guardian, and framed it as an equal-protection issue. Members questioned why the proposal was placed in the child abuse and neglect statute rather than the civil restraining-order statutes, and whether it should instead be handled as a broader civil-law fix. Alanda Peterson, who said she created Jade’s Law, testified that the original wording was meant to protect all children, not just those harmed by family members, and supported expanding the language. The hearing continued with additional discussion of the bill’s scope and purpose.
CA

California 2025-2026 Regular Session

Senate Public Safety Committee Jun 23rd, 2026

Public Safety

Transcript Highlights:
  • And, you know, this particular bill is casting judgment on somebody for an agency that they work for.
  • And you're making that judgment on them, and that's wrong.
  • You don't... ...and you're making that judgment on them, and that's wrong.
  • You don't make that judgment on other people. You shouldn't make that judgment on them.
  • The only issue they found was that the Bush administration had exercised, quote, poor judgment, but the