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House | March 6, 2013 | Chamber | Session

Full MP3 Audio File

The house will come to order. Members, please take your seats. Visitors, please retire from the chamber. Members and visitors, please silence all cellular phones and personal electronic devices. ?? will close the doors. The prayer will be offered by Representative Donnie Lambith. Members and visitors in the gallery, please stand and please remain standing for the pledge of allegiance. If you would all join me in prayer. Our most kind and gracious heavenly father. We join together today to give praise and thank you for the many blessings of life that we all share. We give thanks for another day to share together while striving to make this great state we represent, a better place to live, to work, to raise a family. For another day to watch our schools challenge our students to excel. For another day to support our military and ask our blessings upon them as they protect our freedoms. For another day to smell the blooming of spring flowers and the blossoming of new trees. As we transition from one season to another. We also ask your blessings on these legislators, our leadership, and each family that supports us as we strive to make the right and best decisions for our citizens. Now we ask for you guidance as we take both steps towards a brighter future, in your name we pray, amen. [SPEAKER CHANGES] I pledge allegiance to the flag, of the United Stats of America. To the Republic for which it stands. One nation, under God, indivisible, with liberty and justice for all. [SPEAKER CHANGES] Representative Morris, recognized. [SPEAKER CHANGES] Mr. Speaker, the journal for Tuesday, Marth the 5th 2013, has been examined as and found to be correct. I move it's approval is written. [SPEAKER CHANGES] Representative Moore moves that the journal for Tuesday, March 5th be approved as written. All in favor say aye. Opposed say no. The ayes have it. The journal is approved as written. Petitions, memorials, or papers addressed to the general assembly of the House. The clerk will read. [SPEAKER CHANGES] ?? Clerk giving this week, pursuant to North Carolina general statue 143B-350. I am pleased to appoint the following individuals to the North Carolina board of transportation for review by the North Carolina general assembly is joint legislative transportation oversight committee. Mr. Malcom Feering of Derick County to the first transportation division. Mr. Michael Lee of New Hanover County to the third transportation division. Mr. Michael Smith of Wake County to the fifth transportation district. Miss Sheryl McCreary of Gilford County to the seventh transportation division. Mr. Jake Alexander of Rowan County to the ninth transportation division. Mr. Jim Porelmo of Watergor County to the eleventh transportation division. Mr. David Brown of Bucknam County to the thirteenth transition division. Mr. Pharel Blunt, fifth county. As an at large member environmental issues, Mr. Ned Curn of Meckinburg County. As an at large member, government related finance and accounting, Mr. John Lennon of New Hanover County. As an at large member of state ports and aviation issues. Enclosed are the biographical closure statements on the above appointees. Please feel free to call my staff for any additional information. With best regards, Pat McCreary. [SPEAKER CHANGES] Ladies and gentleman, the document will be on file in the clerk's office. Chapter bills be noted. Ladies and gentlemen of the house, the chair is happy to extend a thank you and a welcome to the doctor of the day, and actually the nurses of the day. The two nurses we have in the chamber today, are Christi Parkhill form Hendersonville and Lend Micky from Fletcher. Please stand and let us welcome you and thank you for your service. Introductions of bills and resolutions, the clerk will read. [SPEAKER CHANGES] Representative R. Bowley. House Bill 212, create North Carolina accountability report. [SPEAKER CHANGES] Appropriations. [SPEAKER CHANGES] Representative Thompson, House Bill 213. School calender flexibility of certain counties. [SPEAKER CHANGES] Education.

Favorable commerce. [SPEAKER CHANGES] Representatives Whitmire, Howard, McElraft, and W. Brawley, House Bill 214. Amend real estate licence law records. [SPEAKER CHANGES] Initiatory subcommittee A. [SPEAKER CHANGES] Representative Jordan. House Bill 215. School calender flexibility in certain counties. [SPEAKER CHANGES] Education of favorable commerce. [SPEAKER CHANGES] Representative C. Graham. House Resolution 216. Honor town of Proctorville. [SPEAKER CHANGES] Calender pursuant rule 32.A for today's calender. [SPEAKER CHANGES] Representatives Faircloth and Stam. House Bill 217. Criminal Law procedure amendments. [SPEAKER CHANGES] Judiciary subcommittee B. [SPEAKER CHANGES] Representatives Cleveland and Whitmire. House Bill 218. Pro, no pro secondary education, illegal aliens. [SPEAKER CHANGES] Education [SPEAKER CHANGES] Representatives Glazier, Stam, Faircloth and Michaux. House Bill 219. First degree murder appeals, Supreme Court. [SPEAKER CHANGES] Judiciary Subcommittee B. [SPEAKER CHANGES] Representatives Fulghum, Holley, Insko, and Dollar. House Bill 220. Designate North Carolina Fringe?? Elects awareness day. [SPEAKER CHANGES] Rules Calender Operations of the House. [SPEAKER CHANGES] Representative Hamilton, Davis, Mobley, and Carney. House Bill 221. Increase Penalties for Human Trafficking. [SPEAKER CHANGES] Judiciary subcommittee B of Favorable Appropriations. [SPEAKER CHANGES] Representatives Moffitt, and Ramsey. House Bill 222. Buncombe County, Use, design, build methods [SPEAKER CHANGES] Government of Favorable Finance [SPEAKER CHANGES] Representatives Presnell, Moffitt, Hager and Arp. House Bill 223. Electric Membership corporations, member control [SPEAKER CHANGES] Public Utilities and Energy in favorable Regulatory Reform [SPEAKER CHANGES] Representatives Moffitt and Ramsey. House Bill 224. Ashful, exo-territorial jurisdiction and annexation. [SPEAKER CHANGES] Government of Favorable Finance. [SPEAKER CHANGES] Representatives R. Brawley and Turner. House Bill 225. School Calender flexibility, Iredell County [SPEAKER CHANGES] Education of Favorable Commerce [SPEAKER CHANGES] Representatives R. Brawley and Turner. House Bill 226. The free beans free act. [SPEAKER CHANGES] Commerce and Job Development in Favorable Judiciary subcommittee B. [SPEAKER CHANGES] Representatives Brandon, Hardister, Faircloth, and Collins. House Bill 227. Local Governments Vacant Housing Receivership [SPEAKER CHANGES] Government of Favorable Judiciary Subcommittee B of Favorable Finance [SPEAKER CHANGES] Representative McElraft, Cleveland, Ford, and Brody. House Bill 228. Home schoolers participate in school sports. [SPEAKER CHANGES] Educations of Favorable Appropriations in Favorable Finance [SPEAKER CHANGES] Representative Iler. House Bill 229. Hold and beach, canal dredging, district B. [SPEAKER CHANGES] Finance. Special message from the Senate. The Clerk will read. [SPEAKER CHANGES] Special message from the Senate. Ms. Speaker is awarding the message to be sent to the House of Representatives with information, the Senate fails to concur. And House Committee substitute number two descendant bill 10. A bill to be entirely enact the standards in the government reduction efficiency act of 2013. And request conferees of press and pro cam appoints Senators Apodaca Chair, Rucho, Brown, Rabin, Newton, Randleman, all a part of the Senate to confer with the light committee appointed by yon provided. Then differences rising may be resolved. Respectfully, Sarah Lane, Principle Clerk. [SPEAKER CHANGES] Noted. [SPEAKER CHANGES] Committee [SPEAKER CHANGES] If the gentleman will yield for just a moment. Ladies and Gentlemen of the House, the last message read in was the conference, or the need for a conference committee for Senate Bill 10. The Chair will be Representative Murry. Members will be Starnes, Samuelson, Hager, T. Moore, Dollar, Tine, and Brisson. The Senate will be so notified. Messages from the Senate. The Clerk will read. [SPEAKER CHANGES] Committee Sub chief receipt of bill 42. A bill has been signed, and acted apon that a charter school is a governmental unit for the purpose of a lease, or transfer of personal real property between the charter school, and another governmental unit. [SPEAKER CHANGES] Finance. [SPEAKER CHANGES] Senate Bill 56. The bill entitled and act amending the local act of the town of Wallis that removed certain restrictions on

provide annexations for the town. [SPEAKER CHANGES] Government in favorable finance. [SPEAKER CHANGES] Committee Substitute for Senate Bill 122. The bill to be entitled an act to add defense of human trafficking to the list for criminal convictions that require on the sex offender and public protection registration program. [SPEAKER CHANGES] Judiciary Subcommittee B. [SPEAKER CHANGES] Ladies and Gentleman of the house, from the motion of Representative Brisson from Bladen County the chair is happy to extend the courtesies of the gallery to his lovely wife Brenda Brisson and the Bladen County Farm Bureau Women's Committee. Please stand and let us welcome you. [applause] Ladies and gentlemen we also have some changes to a commerce committee. The clerk will read. [SPEAKER CHANGES] Commerce Committee announcements. House committee, Commerce subcommittee on out crop ?? control Representative Samuelson and add Representative Samuelson to commerce subcommittee on energy and emerging markets. House Committee Substitute House Commerce Subcommittee on military and agriculture drop Representative Hamilton and add Representative Hamilton to the commerce subcommittee on energy and emerging markets. House commerce subcommittee on energy and emerging markets drop Representative Jeter and add Representative Jeter to commerce subcommittee on outcrop beverage control. House subcommittee on outcall and beverage control drop Representative Brian Holloway and add Representative Holloway to the subcommittee on energy and emerging markets and add Representative Saine to the commerce subcommittee on outcall and beverage control. [SPEAKER CHANGES] The house will come to order. Representative Murray please state your purpose. [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The gentleman is recognized for an announcement. [SPEAKER CHANGES] What you just heard was drop/add changes to various subcommittees on the commerce and job development based on feedback that I received from the members of the commerce and job development committee. if I somehow missed you, or you don't think you were just read in, and you would like to drop or add a subcommittee where you're on a commerce or job development subcommittee, please let me know and I will try to accomodate all requests. Thank you. [SPEAKER CHANGES] Reports of standing committees and permanent subcommittees Representatives Jordan and McGrady are recognized to send forth a committee report. The clerk will read. [SPEAKER CHANGES] Judiciary Subcommittee B Representative Jordan and McGrady, House Bill 147, amend adoption laws ?? is the Committee Substitute unfavorable to the original bill. [SPEAKER CHANGES] Committee Substitute calendar, original bill unfavorable calendar. [SPEAKER CHANGES] House Bill 149, Haley's law, report missing children, favorable in senate Committee Substitute unfavorable as to the original bill. [SPEAKER CHANGES] Committee Substitute bill calendar, original bill unfavorable calendar. [SPEAKER CHANGES] House Bill 161 mandatory retirement age of magistrates favorable is to the Committee Substitute , unfavorable is to the original bill. [SPEAKER CHANGES] Pursuant general statute 120-111-3 the Committee Substitute bill will be rereferred to the Committee on state personnel. Representative Sarah Stevens is recognized to send forth a committee report, the clerk will read =. [SPEAKER CHANGES] Representative Stevens chair of the Judiciary Subcommittee C, House Bill 180 mechanics need technical corrections, favorable is to the Committee Substitute , unfavorable is to the original bill. [SPEAKER CHANGES] Calendar original bill, unfavorable calendar. Representative Blust to send for a committee report, the clerk will read. [SPEAKER CHANGES] Representative Blust for the judiciary subcommittee A, Senate Bill 36, APA technical clarifying changes, favorable as to the house Committee Substitute , unfavorable as to the original bill. [SPEAKER CHANGES] House Committee Substitute calendar original bill unfavorable calendar. [SPEAKER CHANGES] Senate Bill 72, amend UCC law to report a funds transfer, favorable. [SPEAKER CHANGES] Calendar.

[Speaker Change] Ladies and gentlemen, we have a series of referrals. The clerk will read. [Speaker Change] Regulatory reform assignment Bills to Sub Committee. The following Bills are assigned to the Regulatory Reform Committee on Business and Labor and re-referred. House Bill eighteen; Youth Skin Cancer Prevention Act [Speaker Change] Noted. [Speaker Change] House Bill one ninety four; Allow PAVE Certification Veterinarian Licenses. [Speaker Change] Noted. [Speaker Change] Committee Substitute number one for Senate Bill fifty one; GBICC Workers Comp Program Integrity. [Speaker Change] Noted. [Speaker Change] The following Bills are assigned to the Regulatory Reform Sub Committee on local government. House Bill one fifty; Zoning, Design and Acidic Control. [Speaker Change] Noted. Ladies and gentlemen of the House, upon motion of the member from Rowan and Cabarrus County. The Chair is happy to extend the gallery to Elizabeth Edwards, staff person for Congressman Richard Hudson. Please stand and let us welcome you. Representative Moore. The gentleman would inform the body at this time that matters we propose go onto the calendar today. [Speaker Change] Thank you Mr. Speaker. For a motion pertaining to today’s calendar. Mr. Speaker, members of the House, the Speaker read in the Bills that were referred from judiciary and yesterday gave notice to members that we would likely take those Bills up today. The Bills that we are asking to be added are as follows; House Bill one forty seven, Amend Adoption Laws. House Bill one eight, Mechanics Lien Technical Corrections. Senate Bill thirty six, APA Technical Clarifying Changes. And House Bill one forty nine, Caylee’s Law Report Missing Children. We ask that these be added to today’s calendar Mr. Speaker. [Speaker Change] Without objection. Representative Hall, please state your purpose. [Speaker Change] Yes Mr. Speaker, just want to ask some questions about these Bills. [Speaker Change] Representative Moore, does the gentleman yield? [Speaker Change] I do and if you could just withhold for just a second. There’s one more Bill. Senate Bill seventy two, Amend UCC Article Four A Fund for Transfers would be part of the motion and I’ll gladly yield to the Minority Leader’s question. [Speaker Change] Thank you Mr. Speaker. Representative Moore just wanted to check. These Bills weren’t on the calendar for today so these would be Bills that the public would not know that we are dealing with today. Is that correct? [Speaker Change] That’s, that’s, that’s. I would, I would actually take issue with that. If you’ll recall, if you’ll flip to the backside of today’s calendar and see the notice of committee meetings. Those were, these were Bills that were all taken up in the judiciary committees today. And yesterday the Speaker advised the body at the close of session that it was the intent of the Speaker to add these Bills on today should they not be controversial coming out of the, the judiciary committees. It is my understanding that these Bills all passed with little, I think they were all non-controversial. So if they are controversial, I guess someone wants to raise their hand. My understanding from the committee chairs there was no issue bringing these Bills. There were some other Bills that were in committee today that did have some controversy, but those weren’t reported out and they’re not a part of these Bills being added on today. [Speaker Change] Just a comment Mr. Speaker. [Speaker Change] Representative Hall, if there is any concern what so ever with these Bills, we will not have a skeleton session and carry these over to tomorrow and not have any debate on it. The gentleman has the floor. [Speaker Change] Thank you Mr. Speaker and my only concern is that again as we are down here and we do read the calendar we do know that be sensitive again as much as possible to the public knowing and having an opportunity. And I’m sure all members have people who contact them and give them suggestion or request regarding Bills that come up. So we just ask that that be done whenever possible so we can make sure our constituents. [Speaker Change] The gentleman’s point is well taken. We will carry these matters over except for the one that we’ve moved forward at request of one of the members of Minority. We’ll have a vote session tomorrow.

House Resolution 216. The Clerk will read. [SPEAKER CHANGES] Mr. Speaker? [SPEAKER CHANGES] The gentleman will yield until after the bill is read. Clerk will read. [SPEAKER CHANGES] House Resolution 216, House Resolution honoring the founders of the town of Proctorville on the town’s 100th anniversary. The House resolves. [SPEAKER CHANGES] Representative Floyd, please state your purpose. [SPEAKER CHANGES] May I ask Representative Moore a question, just for clarity? [SPEAKER CHANGES] Representative Moore, does the gentleman yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] The last one you read in, did you say, because you were slurring, 172? Senate Bill 172? [SPEAKER CHANGES] Senate Bill 72. [SPEAKER CHANGES] 72? [SPEAKER CHANGES] It was amend UCC Article 4A Funds Transfers. Again, all of those bills were noncontroversial. I think they all passed committee unanimously. [SPEAKER CHANGES] Just by clarification, the Chair has ruled that we will remove the no-vote session tomorrow. All the bills that Representative Moore has suggested for consideration today will be taken up on today’s calendar for the first time. Representative Charles Graham, does the gentleman wish for the resolution to be read in its entirety? [SPEAKER CHANGES] That’s correct, Mr. Speaker. [SPEAKER CHANGES] The Clerk will read. [SPEAKER CHANGES] Whereas the town of Proctorville, located in southern Robeson County, was named for Edward Knox Proctor Jr., prominent Lumberton lawyer and promoter of the Raleigh and Charleston railroad who helped in the development of Robeson County, and whereas the town of Proctorville grew out of a 50 acre tract of land that was originally owned by Calvin Graham and given to his slave Dennis Graham, and whereas on July 20th 1899, Augustus ?? purchased right of way for the Carolina northern railroad from Dennis Graham and later purchased 10 acres of the original tract on both sides of the railroad which were laid out into four blocks then subdivided into lots with properly laid out streets, and whereas on May 1 1900, Edward Knox Proctor Jr. purchased the 10 acre site that has been named in his honor from Augustus ?? and upon his death the site was purchased by W.R. Surles, and whereas the town of Proctorville was incorporated on March 7 1913, and whereas the first offices of property included Mayor K. Atkinson, ?? C.W. Graham, K. Barnes and J.K. Atkinson and Constable P.P. Smith, and whereas at one time Proctorville held the distinction of being the smallest town in the United States with its own public library, the W.R. Surles Memorial Library, and whereas Proctorville has continued to prosper through the continued dedication, insight and planning of the town’s leaders and citizens, and whereas plans have been made to celebrate the town’s 100th anniversary on March the 9th 2013, and whereas the occasion is worthy of celebration and should be enjoyed and supported by all North Carolinians, now therefore be it resolved by the House of Representatives. Section 1, the House of Representatives honors the memory of the founders of the town of Proctorville and congratulates the town on its 100th anniversary. Section 2, the principal Clerk shall transmit a certified copy of this resolution to the mayor of the town of Proctorville. Section 3, this resolution is effective upon adoption. [SPEAKER CHANGES] Representative Graham, please state your purpose. [SPEAKER CHANGES] Speak on the resolution. [SPEAKER CHANGES] The gentleman is recognized to debate the resolution. [SPEAKER CHANGES] Thank you, Mr. Speaker, and members, this is a great opportunity and a great time to be a legislator when you can stand up and brag about things that’s going on in your community, and it’s a great opportunity for me to stand here and speak to this resolution. This is a community, ladies and gentlemen, with lots of pride, and southern Robeson County is a small, small community; as you’ve heard, just evolved over the last 100 years. It’s a small municipality, a farming community of 117. Very good, very strong-willed people, taxpaying citizens in our county. This community of Proctorville has a distinction of being a tri-racial community – Caucasian, African American, American Indians – which have lived and thrived for 100 years in harmony and peace, living together, being successful, and it’s an honor to recognize this community because of their commitment to humanity.

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[clapping] Speaker: Representative Stevens, please state your purpose. Representative: To ask a question of Representative Hall, if I may. Speaker: Representative Hall, does the gentleman yield? Representative: I do. Representative: Representative Hall, would you have any objection to proceeding with house bill 180 today? It has some time sensitivity which I will explain to the body. Representative: I have no objection to 180 proceeding today. Speaker: Without objection, we will move to house bill 180. Is there any objection? The clerk will read. Clerk: House bill 180, [xx] leave technical corrections. NC enacts. Speaker: The house will be at ease. The clerk is recalling house bill 180, the other matters have gone back to the clerk and we will confirm that it is on the dashboard. While we are waiting, we are striking the referral to the finance committee for house bill 120; therefore, the calendar for house committee substitute to house bill 120 calendar unfavorable calendar. Representative Stevens is recognized to debate the house committee substitute for house bill 120. Representative: Thank you Mr. Speaker, and I want to thank you Representative Hall. This is a technical correctiosn bill, and the reason it is important is because the law that we passed last year to deal with mechanics [xx] leave, goes into effect April 1st. The system that has been adopted to deal with mechanics and [xx] is a computer based system that did not exist at the time but was in contemplation. So the main thrust of this bill is to make some technical corrections and to allow and authorize, specifically, that computer generated system. That is the system that I invited you all to my office for a private viewing. That is a system that we had a public showing of, and the senate has agreed to hear this next week so that we can, hopefully, get it onto the governor and hopefully have it enacted by April 1st. I will be happy to answer any questions you have, and trust me, we have had tough ones because we had 30 people in committee this morning who were interested in this bill, be they builders, bankers, aggregate suppliers, attorneys. So this bill ahs been very well vented and all the questions asked and answered, but I will certainly be happy to answer any that you have here or privately. Mr. Speaker, I do have staff on the floor if needed. Speaker: Representative Haynes, please state your purpose? Further discussion, further debate? Representative: That was an accident sir. Speaker: Further discussion or debate? If not, the question before the house is the passage of the house committee substitute of house bill 180 on its second reading. All in favor will vote aye, all opposed will vote no. The clerk will open the vote. The clerk will lock the machine and record the vote: 114 having voted in the affirmative, none in the negative. The house committee substitute for house bill 180 has passed its second reading and will, without objection, be read a third time. Clerk: NC enacts. Speaker: Further discussion or debate? If not, the question before the house is the passage of the house committee substitute of house bill 180 on its third reading. All in favor say aye, [aye] all opposed say no [silence]. The aye’s have it. The house committee substitute for house bill 180 has passed its third reading and will be sent to the senate. Ladies and gentleman of the house, earlier today house bill 228 was read in with referral to education appropriations and finance. Strike the referral to appropriations – it will be education and favorable finance.

Notices: Speaker1: That concludes the counter for today. Speaker changes: The chair anticipates at least 4 bills on the counter tomorrow. Speaker changes: That will be at 7 P.M. Notices and Speaker changes: Representative Stone please state your purpose. Speaker changes: An announcement. Speaker changes: The gentleman is recognized for an announcement. Speaker changes: There will be a caucus immediately after session in the auditorium. Speaker changes: Representative Faircloth please state your purpose. Speaker changes: On personal privilege. Speaker changes: on personal privilege. The House will xx Speaker changes: Thank you Mr. Speaker. This is March 6, and it’s a great day in history in our country. Xx day in many ways for instance In 1836 a great battle in Texas , the Battle of Alomo ended on this day when 187 Texas volunteers were overrun ; it’s still a great memory for all of us. On the same day of course in history other things happened. World War Two, another battle Cologne was captured by the American troops , the couple of things of interest all of us as we grow older, xxAspen registered as a trade mark back in 1899 and a few people had birthdays on this day, such folks as Bob Wills , Lou Castello, V.M.H .Webster, Allan Greenspan, Mary Wilson, Rob Reiner, John Stastle, Tom Arnold, Shakeel O’Neil and the distinguished Representative from the western part of North Carolina who rode in here to take over the town and doing a wonderful job is my seat mate Chuck McGrady.[applause] Speaker changes: Representative Johnson please state your purpose. Speaker changes: Thank you Mr. Speaker, am I on personal privilege? Speaker changes: House come to order. Speaker changes: The lady is recognized on the point of personal privilege. Speaker changes: I am myself glad to find out that so many wonderful things happened on this day, but I am afraid one thing was left out; the Battle of Alomo might have ended today, but another battle starting. I am not going to say how old he is today, that he was born on March 3, I mean March 6, 1971. And there are hundred plus David Luis’ in North Carolina, but he is the only one that is the signature xx dealer and the only one that handles non-controversial views[laughs], if you will join me in wishing him ‘Happy Birthday’ today from all of us[applause] Speaker changes: Representative Stone please state your purpose. Speaker changes: Announcement. Speaker changes: Gentleman is recognized for an announcement. Speaker changes: xx will meet in the morning at 10 o’clock room 643. Speaker changes: Representative Paul please state your purpose. Speaker changes: Announcement. Speaker changes: Gentleman is recognized. Speaker changes: Democratic caucus will meet at 12 noon tomorrow, an hour before session in the caucus room. Speaker changes: President?? notices and announcements. Representative Moore is recognized. Speaker changes: Mr. Speaker subject to re-referral bills and resolutions xxx moved in the House now to adjourn to reconvene on Thursday March7, 2013 at 1 o’clock P.M. Speaker changes: Representative Moore moves seconded by Representative Larry Hall. Subject to re-referral of bills, resolutions the House to now adjourn to reconvene on Thursday March 7, 1 P.M. All in favor will say aye, all opposed say no. The ayes have it. The House stands adjourned. Speaker changes: Representative Moore House bill 163, xx commerce and is returned? to judiciary A.