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HouseJournal Document
Date: 6/5/2014
Session: S2
Legislative Day: 31
Mr. Speaker Schwartzkopf called the House to order at 2:12 p.m. on June 5, 2014.
The Chief Clerk read the following committee reports into the record:
TRANSPORTATION/LAND USE AND INFRASTRUCTURE: HB 342 - 4M.
VETERANS AFFAIRS: SB 206 w/SA 1 - 15M.
JUDICIARY: SB 123 - 4F,4M; HB 363 - 5F,4M.
HOUSE ADMINISTRATION: SB 187 - 4M; HB 314 - 4M; HB 375 - 4M;
HS 1 for HB 310 - 5M.
POLICY ANALYSIS & GOVERNMENT ACCOUNTABILITY: HB 339 - 4F;
HB 351 - 4F; HB 354 - 4F; HB 365 - 4F; HB 359 - 4F.
PUBLIC SAFETY & HOMELAND SECURITY: SB 194 - 9M; SB 217 w/SA 1 - 1F,9M; HB 372 - 4F,7M.
EDUCATION: HR 23 - 2F,7M; HB 340 - 8M; HB 334 - 7F,1M.
ECONOMIC DEVELOPMENT/BANKING/INSURANCE & COMMERCE: HB 161 - 1F,7M; SB 203 - 8M; SB 202 w/SA 2 - 8M; HB 373 - 8F,2M.
TELECOMMUNICATION INTERNET & TECHNOLOGY: HB 345 - 5M.
HEALTH & HUMAN DEVELOPMENT: HB 309 - 6M,1U; SB 201 w/SA 1 - 1F,12M;
HB 335 - 12M; HB 346 - 1F,6M; HB 344 - 1F,6M; HB 376 - 12M.
NATURAL RESOURCES: SB 198 - 1F,6M; SB 199 w/SA 1 - 1F,6M; HB 374 - 1F,5M,1U; HB 368 - 1F,6M; HS 1 for HB 348 - 2F,5M.
The Reading Clerk read the following communications into the record:
The Senate has passed SB 214 & SB 207 w/SA 1 and requests the concurrence of the House and the Senate has passed HB 256 w/HA 1, SA 1 & HA 2 and is returning the same to the House.
WITHDRAWAL OF SPONSORSHIP REQUEST
I, Sen.Cloutier. Do hereby request that my name be removed as Co-sponsor
of HB 81 Date: 6/3/14
Signature: Cathy Cloutier
The Majority Leader moved to adjourn at 2:15 p.m., thereby ending the current legislative day. The House reconvened at 2:16 p.m.

31st LEGISLATIVE DAY - 147th GENERAL ASSEMBLY - Second Session
June 5, 2014
The Chief Clerk called the roll. The House observed a moment of silence in memory of William H. Outten, father of Representative William R. Outten at the request of Representative D. Short.
A prayer was offered by Representative Stephanie T. Bolden, Second Representative District. The House observed a moment of silence in memory of Maya Angelou at the request of Representative Bolden.
Mr. Speaker Schwartzkopf led those present in the pledge of allegiance to the American flag.
The minutes for the previous legislative day were approved as posted.
The following prefiled legislation was introduced:
HB 380 - J. JOHNSON & SENATOR PETERSON; REPRESENTATIVES KEELEY, OSIENSKI, SCOTT - JUDICIARY - An Act to Amend Title 11 of the Delaware Code Relating to Criminal History Reporting.
HB 381 - BRADY & SENATOR SOKOLA; REPRESENTATIVES BOLDEN, KOWALKO, OUTTEN, PETERMAN; SENATORS LOPEZ, PETTYJOHN, TOWNSEND - POLICY ANALYSIS & GOVERNMENT ACCOUNTABILITY - An Act to Amend Title 29 of the Delaware Code Relating to Financial Disclosure by Public Officers.
HB 382 - BARBIERI & SENATOR BLEVINS; REPRESENTATIVES HUDSON, JAQUES, MIRO, B. SHORT; SENATOR PETERSON - JUDICIARY - An Act to Amend Title 10 of the Delaware Code Relating to Family Court Protective Orders.
HB 383 - BARBIERI & SENATOR HALL-LONG; REPRESENTATIVES BAUMBACH, BRIGGS KING, KEELEY, MIRO, OSIENSKI, WALKER; SENATOR LAVELLE - HEALTH & HUMAN DEVELOPMENT - An Act to Amend Title 24 of the Delaware Code Relating to the Medical Practice Act.
HB 384 - BENNETT & REPRESENTATIVE GRAY & SENATOR PETERSON; REPRESENTATIVES SCHWARTZKOPF, VIOLA; SENATORS HOCKER, TOWNSEND - ECONOMIC DEVELOPMENT/BANKING/INSURANCE & COMMERCE - An Act to Amend Title 24 of the Delaware Code Relating to the Licensure of Home Inspectors.
HB 385 - WILSON & SENATOR SIMPSON; REPRESENTATIVES D. SHORT, HUDSON, BLAKEY, BRIGGS KING, DUKES, GRAY, MIRO, OUTTEN, SMYK, SPIEGELMAN, CARSON, J. JOHNSON, KEELEY, MITCHELL, MULROONEY, PARADEE; SENATORS ENNIS, HENRY, VENALBES - AGRICULTURE - An Act to Amend Title 3 of the Delaware Code Relating to Industrial Hemp.
HB 386 - KOWALKO; REPRESENTATIVES BAUMBACH, KEELEY, POTTER - TRANSPORTATION, LAND USE & INFRASTRUCTURE - An Act to Amend Title 26 of the Delaware Code Related to Public Utilities. (2/3 bill)
HB 387 - KOWALKO & SENATOR HENRY; REPRESENTATIVE KEELEY - TRANSPORTATION, LAND USE & INFRASTRUCTURE - An Act to Amend Title 26 of the Delaware Code Related to Public Utilities.
HA 4 to HS 1 for HB 234 - BAUMBACH - Placed with the Bill.
HA 2 to HB 257 - B. SHORT - Placed with the Bill.
HA 1 to HB 301 - PARADEE - Placed with the Bill.
HA 2 to HS 1 for HB 310 - LONGHURST - Placed with the Bill.
HA 2 to HB 312 - BOLDEN - Placed with the Bill
HA 1 to HB 321 - ATKINS - Placed with the Bill.
HA 2 to HB 333 - SCHWARTZKOPF - Placed with the Bill.
HA 1 to HB 358 - BARBIERI - Placed with the Bill.
HA 1 to HB 372 - D. SHORT - Placed with the Bill.
SB 207 w/SA 1 - ENNIS & SENATOR TOWNSEND & REPRESENTATIVE CARSON & REPRESENTATIVE M. SMITH; SENATORS SOKOLA, POORE; REPRESENTATIVES ATKINS, BAUMBACH, GRAY, HEFFERNAN, JAQUES, J. JOHNSON, Q. JOHNSON, KENTON, LONGHURST, OUTTEN, PARADEE, B. SHORT, D. SHORT, D.E. WILLIAMS, WILSON - PUBLIC SAFETY & HOMELAND SECURITY - An Act to Amend Title 18 of the Delaware Code Relating to the Required Coverage for Volunteer Ambulance Company Services.
SB 214 - MCBRIDE & REPRESENTATIVE GRAY & REPRESENTATIVE BRADY; SENATORS POORE, SOKOLA; REPRESENTATIVES BENNETT, OUTTEN - POLICY ANALYSIS & GOVERNMENT ACCOUNTABILITY - An Act to Amend Title 24 of the Delaware Code Relating to the Delaware Association of Professional Engineers.
Representative M. Smith requested and was granted personal privilege of the floor to introduce guests and to make comments. Mr. Speaker Schwartzkopf invited Chance Smith to join him on the podium. Mr. Speaker Schwartzkopf made comments.
The House observed a moment of silence in memory of those who lost their lives on
D-Day and in memory of those from D-Day who have died since that day at the request of Representative Jaques. Representative Miro requested and was granted personal privilege of the floor to introduce guests. Representative Kenton made an announcement. Representative Wilson made comments.
Representative Longhurst introduced Ellen Magee, representing Magee Farms, who addressed the House and introduced her son Christopher, who addressed the House. Ellen Magee addressed the House. Representative Gray & Mr. Speaker Schwartzkopf made comments.
Representative Jaques made comments.
Mr. Speaker Schwartzkopf descended to the floor podium and requested that the participants of the Law Enforcement Torch Run for Special Olympics enter the Chamber. Mr. Speaker Schwartzkopf addressed the House. John Miller, Stage Director, Law Enforcement Torch Run for Special Olympics, addressed the House and introduced guests. Representative Jaques made a comment. Mr. Speaker Schwartzkopf resumed the Chair.
Representative Paradee requested and was granted privilege of the floor.
The Reading Clerk read the following communications into the record:
The Senate wishes to inform the House that it has passed SCR 57 and requests the concurrence of the House.
Representative Paradee introduced and brought SCR 57, jointly sponsored by Senator Lawson & Senator Blevins on behalf of All Senators & Representative Schwartzkopf & Representative Kenton on behalf of All Representatives, before the House for consideration.
SCR 57 - COMMENDING THE CLASS OF 2013-2014 EAGLE SCOUTS FOR HAVING ATTAINED THE HIGHEST RANK ONE CAN EARN IN THE BOY SCOUTS OF AMERICA.
WHEREAS, to earn the rank of Eagle Scout, a young man must earn Merit Badges in areas including First Aid, Citizenship in the Community, Citizenship in the Nation, Citizenship in the World, Communications, Personal Fitness, Emergency Preparedness/Lifesaving, Environmental Sciences, Personal Management, and Swimming/Hiking/Camping; and
WHEREAS, this distinct honor requires fulfilling requirements in the areas of leadership, service, and outdoor preparedness, as well as advancing through the ranks of Tenderfoot, Second Class, First Class, Star, and Life; and
WHEREAS, this achievement carries with it a special significance both within Scouting and beyond as an Eagle Scout moves on to higher education, business or industry, and the world at large; and
WHEREAS, the following Delawareans achieved the rank of Eagle Scout, joining the likes of former President Gerald Ford, the Honorable Sam Nunn, Neil Armstrong, Sam Walton, and Steven Spielberg:
Representative Paradee requested that Representative Kenton join him at the podium and addressed the House. Representative Kenton addressed the House.
SCR 57 was adopted by voice vote.
The Eagle Scouts announced their names, hometowns and projects for the record.
The Majority Leader moved to recess for caucus at 2:49 p.m.
The House reconvened at 5:54 p.m.
Representative Longhurst deferred to Representative Walker.
Representative Walker brought SB 197 w/SA 2, jointly sponsored by Senator Blevins & Representative Keeley & Senators Bushweller, Hall-Long, Henry, Hocker, Lopez, Peterson, Poore, Sokola, Venables, Ennis, Townsend, McDowell & Simpson & Representatives Barbieri, Baumbach, Brady, Briggs King, Heffernan, Jaques, J. Johnson, Kowalko, Mitchell, Mulrooney, Osienski, Ramone, Scott, D. Short & M. Smith, before the House for consideration.
SB 197 - AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO TRAFFICKING OF INDIVIDUALS, FORCED LABOR AND SEXUAL SERVITUDE.
Representative Walker deferred to Representative Smyk. Representative Smyk requested that HA 1 to SB 197 be stricken. Representative Walker made comments.
The roll call on SB 197 w/SA 2 was taken and revealed:
YES: 38.
ABSENT: Representatives Atkins, Keeley & Peterman - 3.
Therefore, having received a constitutional majority, SB 197 w/SA 2 was returned to the Senate.
Representative Walker requested and was granted privilege of the floor for Holly Smith-Gibbs, who address the House regarding SB 197 w/SA 2 .
Representative Blakey made comments. Mr. Speaker Schwartzkopf made comments.
Representative Longhurst moved to suspend the rules which interfere with action on
SB 222. The motion was seconded by Representative J. Johnson and adopted by voice vote.
Representative Longhurst brought SB 222, jointly sponsored by Senator Blevins & Senator McBride & Senator Henry & Senator Marshall & Senator Simpson & Senator Lavelle, & Representative Schwartzkopf & Representative Viola & Senators Bushweller, Cloutier, Ennis, Hall-Long, Peterson, Pettyjohn, Poore, Sokola & Venables & Representatives Baumbach, Briggs King, Carson, Dukes, Gray, Heffernan, Hudson, Kenton, Miro, Mitchell, Mulrooney, Osienski, Outten, Paradee, Potter, B. Short, D. Short, M. Smith, Spiegelman, Walker, K. Williams & Wilson, before the House for consideration.
SB 222 - AMENDING TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE TECHNICAL AND COMMUNITY COLLEGE.
Representative Longhurst made comments.
The roll call on SB 222 was taken and revealed:
YES: 38.
ABSENT: Representatives Atkins, Keeley & Peterman - 3.
Therefore, having received a constitutional majority, SB 222 was returned to the Senate.
Representative Longhurst deferred to Representative Mitchell.
Representative Mitchell brought HB 213, jointly sponsored by Senator Bushweller & Representatives Brady, Dukes, Jaques & Wilson & cosponsored by Representatives Gray, J. Johnson, Q. Johnson, Paradee, B. Short & Spiegelman, before the House for consideration.
HB 213 - AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE FEES AND TAXES TO ESTABLISH MEDICAL INSURANCE FOR RETIRED STATE, COUNTY, AND MUNICIPAL POLICE OFFICERS AND FIREFIGHTERS. (3/5 bill)
Representative Mitchell brought HA 1 to HB 213 before the House for consideration.
Representative Mitchell made comments. HA 1 was adopted by voice vote. Representative Mitchell made comments.
The roll call on HB 213 w/HA 1 was taken and revealed:
YES: 38.
ABSENT: Representatives Atkins, Keeley & Peterman - 3.
Therefore, having received a constitutional majority of at least three-fifths Members of the House, HB 213 w/HA 1 was sent to the Senate for concurrence.
Representative Longhurst brought HS 1 for HB 310, jointly sponsored by Senator Poore, before the House for consideration.
HS 1 for HB 310 - AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE TO ESTABLISH A FORT DUPONT REDEVELOPMENT CORPORATION.
Representative Longhurst brought HA 1 to HS 1 for HB 310 before the House for consideration. Representative Longhurst made comments. HA 1 was adopted by voice vote.
Representative Longhurst brought HA 2 to HS 1 for HB 310 before the House for consideration.
Representative Longhurst made comments. HA 2 was adopted by voice vote.
Representative Longhurst & Kowalko made comments.
The roll call on HS 1 for HB 310 w/HA 1 & HA 2 was taken and revealed:
YES: 37.
ABSENT: Representatives Atkins, Keeley, Peterman & Walker - 4.
Therefore, having received a constitutional majority, HS 1 for HB 310 w/HA 1 & HA 2 was sent to the Senate for concurrence.
Representative Longhurst made comments regarding HS 1 for HB 310 w/HA 1 & HA 2 and made comments.
Representative Longhurst deferred to Representative K. Williams.
Representative K. Williams brought HB 337, jointly sponsored by Representative Scott & Senator Townsend & Representatives Baumbach, Bennett, Bolden, Brady, Briggs King, Keeley, Kowalko, Mulrooney, Osienski & Potter & cosponsored by Representative Dukes, before the House for consideration.
HB 337 - AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE SCHOOL DISTRICT ENROLLMENT CHOICE PROGRAM.
Representative K. Williams brought HA 1 to HB 337 before the House for consideration.
Representative K. Williams made comments. HA 1 was adopted by voice vote. Representatives K. Williams & Miro made comments.
The roll call on HB 337 w/HA 1 was taken and revealed:
YES: 38.
ABSENT: Representatives Atkins, Keeley & Walker - 3.
Therefore, having received a constitutional majority, HB 337 w/HA 1 was sent to the Senate for concurrence.
Representative Peterman verified that he was marked present.
Representative Longhurst deferred to Representative Bolden.
Representative Bolden brought HB 312, jointly sponsored by Senator Henry & Representatives Baumbach, J. Johnson, Keeley, Scott & B. Short & Senators Blevins, Peterson & Venables & cosponsored by Representative Potter, before the House for consideration.
HB 312 - AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SENTENCING.
Representative Bolden requested that HA 1 to HB 312 be stricken. Representative Bolden brought HA 2 to HB 312 before the House for consideration. Representatives Bolden & Blakey made comments. Representative Bolden requested and was granted privilege of the floor for Kathleen M. Jennings, Prosecutor, Criminal Division, Department of Justice and Drewry Fennell, Crinimal Justice Policy Advistor, Office of the Governor. Representatives Blakey, Smyk & Kowalko made comments. HA 2 was adopted by voice vote.
Representatives Bolden & Blakey made comments. Representative Bolden requested and was granted privilege of the floor for Drewry Fennell, Crinimal Justice Policy Advistor, Office of the Governor and Kathleen M. Jennings, Prosecutor, Criminal Division, Department of Justice. Speaker Schwartzkopf appointed Representative Mulrooney as Acting Speaker. Representatives Blakey & Bolden made comments. Representatives J. Johnson, Kowalko & Smyk made comments. Mr. Speaker Schwartzkopf resumed the Chair. Representatives Smyk & Briggs King made comments.
The roll call on HB 312 w/HA 2 was taken and revealed:
YES: 34.
NO: Representatives Briggs King, Peterman, Smyk &Wilson - 4.
ABSENT: Representatives Atkins, Keeley & Spiegelman - 3.
Therefore, having received a constitutional majority, HB 312 w/HA 2 was sent to the Senate for concurrence.
Representative Bolden made comments regarding HB 312 w/HA 2.
Representative Longhurst deferred to Representative Heffernan.
Representative Heffernan brought HB 309, jointly sponsored by Representative Barbieri & Representative Longhurst & Representative Hudson & Senator McDowell & Senator McBride & Senator Henry & Senator Hall-Long & Senator Cloutier & Representatives Baumbach, Briggs King, Gray, Mulrooney, Ramone, D. Short, D.E. Williams, Walker & Wilson & Senators Poore, Townsend, before the House for consideration.
HB 309 - AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE CLEAN INDOOR AIR ACT.
Representative Jaques introduced and brought HA 1 to HB 309 before the House for consideration. Representatives Jaques & Briggs King made comments.
The roll call on HA 1 to HB 309 was taken and revealed:
YES: 27.
NO: Representatives Barbieri, Brady, Heffernan, Hudson, J. Johnson, Longhurst, Peterman, M. Smith, D.E. Williams & Schwartzkopf - 10.
ABSENT: Representatives Atkins, Keeley, Scott & Spiegelman - 4.
Therefore, having received a constitutional majority, HA 1 to HB 309 was declared passed.
Representatives Kowalko & Osienski made comments. Representative Heffernan requested and was granted privilege of the floor for Dr. Karyl Rattay, Director, Delaware Division of Public Health. Representative Barbieri rose on a point of order. Mr. Speaker Schwartzkopf concurred. Representatives Osienski, Kowalko, Barbieri, B. Short, Miro,
D.E. Williams, Briggs King & Heffernan made comments.
The roll call on HB 309 w/HA 1 was taken and revealed:
YES: 25.
NO: Representatives Blakey, Carson, Dukes, Kenton, Kowalko, Miro, Osienski, Outten, Paradee, Peterman, Smyk & Wilson - 12.
ABSENT: Representatives Atkins, Keeley, Scott & Spiegelman - 4.
Therefore, having received a constitutional majority, HB 309 w/HA 1 was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative M. Smith.
Representative M. Smith brought HB 376, jointly sponsored by Senator Blevins & Representatives Bolden, Heffernan, Hudson, J. Johnson, Keeley, Kenton, Miro, Ramone &
D. Short & Senators Cloutier, Ennis, Hocker & Lopez, before the House for consideration.
HB 376 - AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ABUSE OF CHILDREN.
Representative M. Smith made comments.
The roll call on HB 376 was taken and revealed:
YES: 38.
ABSENT: Representatives Atkins, Keeley & Spiegelman - 3.
Therefore, having received a constitutional majority, HB 376 was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative Q. Johnson.
Representative Q. Johnson brought HB 299, jointly sponsored by Senator Ennis & Representatives Baumbach, Bennett, Mulrooney, Paradee, Ramone, B. Short & Walker & Senators Poore & Sokola, before the House for consideration.
HB 299 - AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS AND MOVIE THEATERS. (3/5 bill) (F/I)
Representative Q. Johnson brought HA 1 to HB 299 before the House for consideration.
Representative Q. Johnson made comments. HA 1 was adopted by voice vote.
Representatives Q. Johnson, Blakey, Kowalko & Hudson made comments.
The roll call on HB 299 w/HA 1 was taken and revealed:
YES: 30.
NO: Representatives Briggs King, Dukes, Jaques, Kenton, Kowalko, Outten, K. Williams & Wilson - 8.
ABSENT: Representatives Atkins, Keeley & Spiegelman - 3.
Therefore, having received a constitutional majority of at least three-fifths Members of the House, HB 299 w/HA 1 was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative Baumbach.
Representative Baumbach brought HS 1 for HB 234, jointly sponsored by Representative Briggs King & Representative Carson & Senator Ennis, before the House for consideration.
HS 1 FOR HB 234 - AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE AND CHAPTER 63, VOLUME 79 OF THE LAWS OF DELAWARE RELATING TO MANUFACTURED HOMES AND MANUFACTURED HOME COMMUNITIES.
Representative Baumbach brought HA 1 to HS 1 for HB 234 before the House for consideration. Representative Baumbach made comments. HA 1 was adopted by voice vote.
Representative Kowalko brought HA 2 to HS 1 for HB 234 before the House for consideration.
Representative Kowalko made comments. Representative Gray announced that he will not be voting on HS 1 for HB 234 or amendments to HS 1 for HB 234 because of a possible conflict of interest.
The roll call on HA 2 to HS 1 for HB 234 was taken and revealed:
YES: Representatives Carson, J. Johnson, Kowalko & Potter - 4.
NO: 30.
NOT VOTING: Representatives Blakey & Gray - 2.
ABSENT: Representatives Atkins, Keeley, Mulrooney, Spiegelman & K. Williams - 5.
Therefore, not having received a constitutional majority, HA 2 to HS 1 for HB 234 was declared defeated.
Representative Baumbach brought HA 3 to HS 1 for HB 234 before the House for consideration. Representative Baumbach made comments. HA 3 was adopted by voice vote.
Representative Baumbach requested that HA 4 to HS 1 for HB 234 be stricken. Representative Briggs King introduced and brought HA 5 to HS 1 for HB 234 before the House for consideration. Representatives Briggs King & Baumbach made comments. HA 5 was defeated by voice vote. Representative Baumbach introduced and brought HA 6 to HS 1 for HB 234 before the House for consideration. HA 6 was adopted by voice vote. Representative Baumbach made comments.
The roll call on HS 1 for HB 234 w/HA 1, HA 3 & HA 6 was taken and revealed:
YES: 36.
NO: Representative Briggs King - 1.
NOT VOTING: Representative Gray - 1.
ABSENT: Representatives Atkins, Keeley, Spiegelman - 3.
Therefore, having received a constitutional majority, HS 1 for HB 234 w/HA 1, HA 3 & HA 6 was sent to the Senate for concurrence.
The Reading Clerk read the following communications into the record:
The Senate wishes to inform the House that it has passed SB 230, SB 200 w/SA 1,
SB 234 w/SA 1 & SS 1 to SB 210 and requests the concurrence of the House and the Senate has passed HB 254 w/HA 2, HB 322, HB 106 w/HA 1 & SA 1 & HCR 57 and is returning the same to the House. The Senate wishes to inform the House that it has passed SB 221 and requests the concurrence of the House and the Senate has passed HB 253 w/HA 1 and is returning the same to the House. The Senate wishes to inform the House that it has passed HCR 59 and is returning the same to the House.
The Majority Leader moved to recess to the call of the Chair at 8:02 p.m.
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