February 28, 2020 - Issue: Vol. 166, No. 40 — Daily Edition116th Congress (2019 - 2020) - 2nd Session
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REVERSING THE YOUTH TOBACCO EPIDEMIC ACT OF 2019; Congressional Record Vol. 166, No. 40
(House of Representatives - February 28, 2020)
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[Pages H1286-H1289] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] REVERSING THE YOUTH TOBACCO EPIDEMIC ACT OF 2019 The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further consideration of the bill (H.R. 2339) to amend the Federal Food, Drug, and Cosmetic Act with respect to the sale and marketing of tobacco products, and for other purposes, will now resume. The Clerk will report the title of the bill. The Clerk read the title of the bill. Motion to Recommit Mr. WALDEN. Madam Speaker, I have a motion to recommit at the desk. The SPEAKER pro tempore. Is the gentleman opposed to the bill? Mr. WALDEN. In its present form, oh, yes, I am opposed. The SPEAKER pro tempore. The Clerk will report the motion to recommit. The Clerk read as follows: Mr. Walden moves to recommit the bill H.R. 2339 to the Committee on Energy and Commerce with instructions to report the same back to the House forthwith with the following amendment: At the end of the bill, insert the following new title: TITLE VII--BORN-ALIVE ABORTION SURVIVORS PROTECTION SEC. 701. BORN-ALIVE INFANTS PROTECTION. (a) Requirements Pertaining to Born-Alive Abortion Survivors.--Chapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following: ``Sec. 1532. Requirements pertaining to born-alive abortion survivors ``(a) Requirements for Health Care Practitioners.--In the case of an abortion [[Page H1287]] or attempted abortion that results in a child born alive (as defined in section 8 of title 1, United States Code (commonly known as the `Born-Alive Infants Protection Act')): ``(1) Degree of care required; immediate admission to a hospital.--Any health care practitioner present at the time the child is born alive shall-- ``(A) exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age; and ``(B) following the exercise of skill, care, and diligence required under subparagraph (A), ensure that the child born alive is immediately transported and admitted to a hospital. ``(2) Mandatory reporting of violations.--A health care practitioner or any employee of a hospital, a physician's office, or an abortion clinic who has knowledge of a failure to comply with the requirements of paragraph (1) shall immediately report the failure to an appropriate State or Federal law enforcement agency, or to both. ``(b) Penalties.-- ``(1) In general.--Whoever violates subsection (a) shall be fined under this title or imprisoned for not more than 5 years, or both. ``(2) Intentional killing of child born alive.--Whoever intentionally performs or attempts to perform an overt act that kills a child born alive described under subsection (a), shall be punished as under section 1111 of this title for intentionally killing or attempting to kill a human being. ``(c) Bar to Prosecution.--The mother of a child born alive described under subsection (a) may not be prosecuted under this section, for conspiracy to violate this section, or for an offense under section 3 or 4 of this title based on such a violation. ``(d) Civil Remedies.-- ``(1) Civil action by a woman on whom an abortion is performed.--If a child is born alive and there is a violation of subsection (a), the woman upon whom the abortion was performed or attempted may, in a civil action against any person who committed the violation, obtain appropriate relief. ``(2) Appropriate relief.--Appropriate relief in a civil action under this subsection includes-- ``(A) objectively verifiable money damage for all injuries, psychological and physical, occasioned by the violation of subsection (a); ``(B) statutory damages equal to 3 times the cost of the abortion or attempted abortion; and ``(C) punitive damages. ``(3) Attorney's fee for plaintiff.--The court shall award a reasonable attorney's fee to a prevailing plaintiff in a civil action under this subsection. ``(4) Attorney's fee for defendant.--If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff's suit was frivolous, the court shall award a reasonable attorney's fee in favor of the defendant against the plaintiff. ``(e) Definitions.--In this section the following definitions apply: ``(1) Abortion.--The term `abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device-- ``(A) to intentionally kill the unborn child of a woman known to be pregnant; or ``(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) after viability, to produce a live birth and preserve the life and health of the child born alive; or ``(ii) to remove a dead unborn child. ``(2) Attempt.--The term `attempt', with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion.''. (b) Clerical Amendment.--The table of sections for chapter 74 of title 18, United States Code, is amended by inserting after the item pertaining to section 1531 the following: ``1532. Requirements pertaining to born-alive abortion survivors.''. (c) Chapter Heading Amendments.-- (1) Chapter heading in chapter.--The chapter heading for chapter 74 of title 18, United States Code, is amended by striking ``Partial-Birth Abortions'' and inserting ``Abortions''. (2) Table of chapters for part i.--The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended by striking ``Partial-Birth Abortions'' and inserting ``Abortions''. Mr. WALDEN (during the reading). Madam Speaker, I ask unanimous consent that the Clerk dispense with the reading. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Oregon? There was no objection. The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Oregon is recognized for 5 minutes in support of his motion. Mr. WALDEN. Madam Speaker, Congress has already passed and President Trump has already signed into law a ban on tobacco product sales, including vaping product sales to children under the age of 21. We did that. It is now law. Those are banned. The Food and Drug Administration is aggressively going after companies that still try to target kids and has the authority to stop them--and will. But we all care deeply about the health of our children. Taking care to protect the health and welfare of children is a common cause. We know that the younger the child, the more vulnerable and defenseless they are, the more these children need our help. That is why we are offering a final amendment to the bill that literally would save the lives of the youngest children, the babies. I would hope we could agree to end the ghastly practice of letting children die without medical help when they are born alive after an abortion. Providing, literally, lifesaving medical care to these babies is something on which we should all find common ground and support. It is the right thing to do. It is the right thing to do for the children. These are not fetuses that are born. These are tiny little babies that are struggling to live. Madam Speaker, I yield to the gentlewoman from Missouri (Mrs. Wagner), author of the Born-Alive Abortion Survivors Protection Act, a mother and a grandmother herself, who always puts the lives of children first. Mrs. WAGNER. Madam Speaker, I thank the gentleman for yielding. Madam Speaker, I rise today in support of this motion to recommit to protect newborn babies who survive abortions. Congress has an opportunity to ensure that no baby is denied lifesaving care simply because he or she is allegedly unwanted. We can and we must act. But Democratic leadership has refused to put my lifesaving legislation, the Born-Alive Survivors Protection Act, on the floor 80 times this Congress. I am grateful that the U.S. Senate voted on the born-alive bill this week and the House must follow suit. Our constituents must know where we stand. Over 70 percent of Americans who identify as Democrats support this legislation, but their Representatives ignore their voices. We have learned from medical professionals, including former abortion providers, just how essential born-alive protections are. It breaks my heart to find that we must defend lifesaving care for newborn babies. This is an incredibly urgent moment for our Nation, Madam Speaker. Over the course of the past year, radical legislators from New York to Illinois to Virginia have moved to strip protections for babies who survive abortions. I am appalled and saddened that there are prominent American politicians who want to deny babies lifesaving medical care. Thankfully, a similar born-alive bill in Missouri recently advanced just last week, a sign there is broad support for this measure. Denying lifesaving medical care to America's infants is a violation of our Constitution and an egregious offense against basic human dignity. Supporting this motion to recommit--which, I will say, the National Right to Life, Susan B. Anthony List, March for Life, Family Research Council, and Concerned Women for America, all are key voting--is the simplest choice any Member of Congress can make. Do you support babies receiving lifesaving care after they are born, or would you deny these innocent children that care and allow them to be discarded and left to die? The tragedy of infanticide across our country requires serious and effective legal safeguards, and I thank those who fight on behalf of the most vulnerable who cannot protect themselves. I implore my colleagues to support this motion to recommit and ensure that no baby is denied lifesaving care. Mr. WALDEN. Madam Speaker, I yield back the balance of my time. Ms. BASS. Madam Speaker, I rise in opposition to the motion to recommit. The SPEAKER pro tempore. The gentlewoman from California is recognized for 5 minutes. Ms. BASS. Madam Speaker, I am here to rise in support of the Protecting American Lungs and Reversing the Youth Tobacco Epidemic Act and to speak in opposition to the motion to recommit. [[Page H1288]] I am concerned that some of my colleagues on the other side of the aisle are confused about what the discussion is about today, so I rise in opposition. The real issue here is about a dying industry that is in need of a new market, a new generation of smokers, because the national movement that fought to protect the health of the public from the adverse consequences of tobacco has successfully reduced smoking and driven the industry overseas to sell its product. In 1988, California was one of the first States that voted to raise taxes on cigarettes and dedicated some of the revenue to creating statewide antismoking programs and campaigns to help people break addiction to tobacco. Public health researchers correctly identified the correlation between the marketing practices of the industry, accessibility of product, and levels of addiction. Some of you might remember Joe Camel, a cartoon character that made smoking look fun and innocent. Why would an industry whose product was only for adult use use a cartoon character to market its product? After lawsuits, the industry agreed to stop using cartoon imagery. Before Joe Camel, depending on how old you are, you might remember candy cigarettes. When I was a child, I could buy candy in a package that looked like cigarettes with 20 pieces of candy shaped exactly like a cigarette that we pretended to puff. California continued to raise taxes on tobacco and passed numerous ordinances to prohibit smoking. You can't smoke in government buildings. You can't smoke even directly outside of government buildings. You can't smoke in restaurants, in parks, or on the beach. You can't even smoke in bars. Each time when taxes were raised or smoking was prohibited, the industry paid millions of dollars to frighten people. Businesses were going to close; businesses were going to leave California, and we would face a recession. But what happened? People stopped smoking. Smoking rates in California declined by 55 percent. States and communities around the Nation joined the effort to protect the public's health by taxing cigarettes and reducing where people could smoke. When smoking rates began to decline in specific populations--more affluent, more middle-class populations--the industry intensified marketing strategies and campaigns in low-income communities of color. In the 1990s, I ran a community-based program that was funded by tax dollars from cigarette sales. We fought to remove billboards and other advertisements near schools and recreation centers because we understood the industry was losing customers and they needed new smokers. The industry offered to sponsor community events, supported community organizations, even handed out free cigarettes, all in order to generate goodwill and to undermine the community organizing efforts aimed at reducing the negative health consequences. Now, there is an entire generation that never experienced a smoking section on an airplane or in a restaurant or, for that matter, ever sat in a committee hearing while Members smoked. The very idea of this seems outrageous today, but like other examples of great change in society, the change in social norms regarding smoking took an organized movement. The legislation we are voting on today is in response to that movement's success. The industry is greatly diminished and is in search of new markets. The industry is just working on getting a new generation prepared to be addicted to their product, and they found a path in modernistic e- cigarettes and tantalizing flavors like circus and twisted berry. Young people are being led to believe that smoking e-cigarettes is a safer way to smoke, just like smokers in the 1980s were led to believe that smoking light cigarettes were safer--Marlboro Lights were safer than regular Marlboros. After years of a decline in smoking, with heavy marketing the last 3 years, high school e-cigarette usage increased 135 percent, and 7 out of 10 youth e-cigarette smokers say they use them because ``they come in flavors I like.'' In fact, e-cigarettes are available in thousands of different flavors. Cigars are right behind e-cigarettes as the second most popular tobacco product among high school students. E-cigarettes come in 250 different flavors, including banana smash, strawberry kiwi, and watermelon. There is just no reason that an industry that claims to be for adults would market flavors like bubble gum and cotton candy. The marketing of cigarette flavors is the 2020 version of candy cigarettes and Joe Camel. There is nothing new about this strategy. We cannot and should not be ignorant to history. While Republicans might use this MTR, for some strange reason, to drive a wedge between our Caucus, we are trying to save lives by passing this bill. I ask my colleagues on both sides of the aisle to oppose this senseless motion to recommit. Madam Speaker, I yield back the balance of my time. The SPEAKER pro tempore. Without objection, the previous question is ordered on the motion to recommit. There was no objection. The SPEAKER pro tempore. The question is on the motion to recommit. The question was taken; and the Speaker pro tempore announced that the noes appeared to have it. Mr. WALDEN. Madam Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, this 5- minute vote on the motion to recommit will be followed by 5-minute votes on: Passage of the bill, if ordered; and Agreeing to the Speaker's approval of the Journal, if ordered. The vote was taken by electronic device, and there were--yeas 187, nays 220, not voting 22, as follows: [Roll No. 77] YEAS--187 Abraham Aderholt Allen Amash Amodei Armstrong Arrington Babin Bacon Baird Balderson Banks Barr Bergman Biggs Bilirakis Bishop (NC) Bishop (UT) Bost Brooks (AL) Brooks (IN) Buchanan Buck Bucshon Budd Burchett Burgess Calvert Carter (GA) Carter (TX) Chabot Cheney Cline Cloud Cole Collins (GA) Comer Conaway Cook Crawford Crenshaw Curtis Davidson (OH) Davis, Rodney DesJarlais Diaz-Balart Duncan Emmer Estes Ferguson Fitzpatrick Fleischmann Flores Fortenberry Foxx (NC) Fulcher Gaetz Gallagher Gianforte Gibbs Gonzalez (OH) Gooden Gosar Graves (GA) Graves (LA) Graves (MO) Griffith Grothman Guest Guthrie Hagedorn Harris Hartzler Hern, Kevin Herrera Beutler Hice (GA) Higgins (LA) Hill (AR) Hollingsworth Hudson Huizenga Hurd (TX) Johnson (LA) Johnson (OH) Johnson (SD) Jordan Joyce (OH) Joyce (PA) Katko Keller Kelly (MS) Kelly (PA) King (IA) King (NY) Kinzinger Kustoff (TN) LaHood LaMalfa Lamborn Latta Lesko Lipinski Lucas Luetkemeyer Marshall Mast McAdams McCarthy McCaul McClintock McHenry McKinley Meadows Meuser Miller Mitchell Moolenaar Mooney (WV) Murphy (NC) Newhouse Norman Nunes Olson Palazzo Palmer Pence Perry Peterson Posey Ratcliffe Reed Reschenthaler Rice (SC) Riggleman Roby Rodgers (WA) Roe, David P. Rogers (AL) Rogers (KY) Rose, John W. Rouzer Roy Rutherford Scalise Schweikert Scott, Austin Sensenbrenner Shimkus Simpson Smith (MO) Smith (NE) Smith (NJ) Smucker Spano Stauber Stefanik Steil Steube Stewart Stivers Taylor Thompson (PA) Thornberry Timmons Tipton Turner Upton Van Drew Wagner Walberg Walden Walker Walorski Waltz Watkins Weber (TX) Wenstrup Westerman Williams Wilson (SC) Wittman Womack Woodall Wright Yoho Young Zeldin NAYS--220 Adams Aguilar Allred Axne Barragan Bass Beatty Bera Beyer Blumenauer Blunt Rochester Bonamici Boyle, Brendan F. Brindisi Brown (MD) Brownley (CA) Bustos Butterfield Carbajal Cardenas Carson (IN) Cartwright Case Casten (IL) Castor (FL) Castro (TX) Chu, Judy Cicilline Cisneros Clark (MA) Clarke (NY) Clay Cleaver Cohen Connolly Cooper Correa Costa Courtney Cox (CA) Craig Crist Crow Cunningham Davids (KS) Davis (CA) Davis, Danny K. Dean DeFazio DeGette DeLauro DelBene Delgado Demings DeSaulnier Deutch Dingell Doyle, Michael F. Engel Escobar Eshoo [[Page H1289]] Espaillat Evans Finkenauer Fletcher Foster Frankel Fudge Gallego Garamendi Garcia (IL) Garcia (TX) Golden Gomez Gonzalez (TX) Gottheimer Green, Al (TX) Haaland Harder (CA) Hastings Hayes Heck Higgins (NY) Himes Horn, Kendra S. Horsford Houlahan Hoyer Huffman Jackson Lee Jayapal Jeffries Johnson (GA) Johnson (TX) Kaptur Keating Kelly (IL) Kennedy Khanna Kildee Kilmer Kim Kind Kirkpatrick Krishnamoorthi Kuster (NH) Lamb Langevin Larsen (WA) Larson (CT) Lawrence Lawson (FL) Lee (CA) Lee (NV) Levin (CA) Levin (MI) Lieu, Ted Loebsack Lofgren Lowenthal Lowey Lujan Luria Lynch Malinowski Maloney, Carolyn B. Maloney, Sean Matsui McBath McCollum McEachin McGovern McNerney Meeks Meng Moore Morelle Moulton Mucarsel-Powell Murphy (FL) Nadler Napolitano Neal Neguse Norcross O'Halleran Ocasio-Cortez Omar Pallone Panetta Pappas Pascrell Payne Perlmutter Peters Phillips Pingree Pocan Porter Pressley Price (NC) Quigley Raskin Rice (NY) Richmond Rose (NY) Rouda Roybal-Allard Ruiz Ruppersberger Rush Ryan Sanchez Sarbanes Scanlon Schakowsky Schiff Schneider Schrader Schrier Scott (VA) Scott, David Serrano Sewell (AL) Shalala Sherman Sherrill Slotkin Smith (WA) Soto Spanberger Speier Stanton Stevens Suozzi Swalwell (CA) Takano Thompson (CA) Thompson (MS) Titus Tlaib Tonko Torres (CA) Torres Small (NM) Trahan Trone Underwood Vargas Veasey Vela Velazquez Visclosky Wasserman Schultz Waters Watson Coleman Welch Wexton Wild Wilson (FL) Yarmuth NOT VOTING--22 Bishop (GA) Brady Byrne Clyburn Cuellar Doggett Dunn Gabbard Gohmert Granger Green (TN) Grijalva Holding Lewis Long Loudermilk Marchant Massie Mullin Rooney (FL) Sires Webster (FL) Announcement by the Speaker Pro Tempore The SPEAKER pro tempore (during the vote). There are 2 minutes remaining. {time} 1201 So the motion to recommit was rejected. The result of the vote was announced as above recorded. The SPEAKER pro tempore. The question is on the passage of the bill. The question was taken; and the Speaker pro tempore announced that the ayes appeared to have it. Mr. WALDEN. Madam Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. The SPEAKER pro tempore. This is a 5-minute vote. The vote was taken by electronic device, and there were--yeas 213, nays 195, not voting 22, as follows: [Roll No. 78] YEAS--213 Adams Aguilar Allred Axne Barragan Bass Beatty Bera Beyer Blumenauer Blunt Rochester Bonamici Boyle, Brendan F. Brown (MD) Brownley (CA) Buchanan Bustos Carbajal Cardenas Carson (IN) Cartwright Case Casten (IL) Castor (FL) Castro (TX) Chu, Judy Cicilline Cisneros Clark (MA) Clay Cleaver Cohen Connolly Cooper Correa Costa Courtney Cox (CA) Craig Crist Crow Cunningham Davids (KS) Davis (CA) Davis, Danny K. Dean DeFazio DeGette DeLauro DelBene Delgado Demings DeSaulnier Deutch Dingell Doggett Doyle, Michael F. Engel Escobar Eshoo Espaillat Evans Finkenauer Fitzpatrick Foster Frankel Gallego Garamendi Garcia (IL) Garcia (TX) Gomez Gonzalez (TX) Gottheimer Green, Al (TX) Haaland Harder (CA) Hastings Hayes Heck Higgins (NY) Himes Horsford Houlahan Hoyer Huffman Jackson Lee Jayapal Jeffries Johnson (TX) Kaptur Keating Kelly (IL) Kennedy Khanna Kildee Kilmer Kim Kind King (NY) Kirkpatrick Krishnamoorthi Kuster (NH) Langevin Larsen (WA) Larson (CT) Lawrence Lee (CA) Lee (NV) Levin (CA) Levin (MI) Lieu, Ted Lipinski Loebsack Lofgren Lowenthal Lowey Lujan Lynch Malinowski Maloney, Carolyn B. Maloney, Sean Matsui McBath McCollum McGovern McNerney Meeks Meng Moore Morelle Moulton Mucarsel-Powell Murphy (FL) Nadler Napolitano Neal Neguse Norcross O'Halleran Ocasio-Cortez Omar Pallone Panetta Pappas Pascrell Payne Pelosi Perlmutter Peters Phillips Pingree Pocan Porter Pressley Price (NC) Quigley Raskin Rice (NY) Rose (NY) Rouda Roybal-Allard Ruiz Ruppersberger Rush Ryan Sanchez Sarbanes Scanlon Schakowsky Schiff Schneider Schrader Schrier Scott (VA) Scott, David Serrano Sewell (AL) Shalala Sherman Sherrill Slotkin Smith (NJ) Smith (WA) Soto Speier Stanton Stevens Suozzi Swalwell (CA) Takano Thompson (CA) Titus Tlaib Tonko Torres (CA) Torres Small (NM) Trahan Trone Underwood Upton Vargas Veasey Vela Velazquez Visclosky Wasserman Schultz Waters Watson Coleman Welch Wexton Wild Wilson (FL) Yarmuth NAYS--195 Abraham Aderholt Allen Amash Amodei Armstrong Arrington Babin Bacon Baird Balderson Banks Barr Bergman Biggs Bilirakis Bishop (NC) Bishop (UT) Bost Brindisi Brooks (AL) Brooks (IN) Buck Bucshon Budd Burchett Burgess Butterfield Calvert Carter (GA) Carter (TX) Chabot Cheney Clarke (NY) Cline Cloud Cole Collins (GA) Comer Conaway Cook Crawford Crenshaw Curtis Davidson (OH) Davis, Rodney DesJarlais Diaz-Balart Duncan Emmer Estes Ferguson Fleischmann Fletcher Flores Fortenberry Foxx (NC) Fudge Fulcher Gaetz Gallagher Gianforte Gibbs Golden Gonzalez (OH) Gooden Gosar Graves (GA) Graves (LA) Graves (MO) Griffith Grothman Guest Guthrie Hagedorn Harris Hartzler Hern, Kevin Herrera Beutler Hice (GA) Higgins (LA) Hill (AR) Hollingsworth Horn, Kendra S. Hudson Huizenga Hurd (TX) Johnson (GA) Johnson (LA) Johnson (OH) Johnson (SD) Jordan Joyce (OH) Joyce (PA) Katko Keller Kelly (MS) Kelly (PA) King (IA) Kinzinger Kustoff (TN) LaHood LaMalfa Lamb Lamborn Latta Lawson (FL) Lesko Lucas Luetkemeyer Luria Marshall Mast McAdams McCarthy McCaul McClintock McEachin McHenry McKinley Meadows Meuser Miller Mitchell Moolenaar Mooney (WV) Newhouse Norman Nunes Olson Palazzo Palmer Pence Perry Peterson Posey Ratcliffe Reed Reschenthaler Rice (SC) Richmond Riggleman Roby Rodgers (WA) Roe, David P. Rogers (AL) Rogers (KY) Rose, John W. Rouzer Roy Rutherford Scalise Schweikert Scott, Austin Sensenbrenner Shimkus Simpson Smith (MO) Smith (NE) Smucker Spanberger Spano Stauber Stefanik Steil Steube Stewart Stivers Taylor Thompson (MS) Thompson (PA) Thornberry Timmons Tipton Turner Van Drew Wagner Walberg Walden Walker Walorski Waltz Watkins Weber (TX) Wenstrup Westerman Williams Wilson (SC) Wittman Womack Woodall Wright Yoho Young Zeldin NOT VOTING--22 Bishop (GA) Brady Byrne Clyburn Cuellar Dunn Gabbard Gohmert Granger Green (TN) Grijalva Holding Lewis Long Loudermilk Marchant Massie Mullin Murphy (NC) Rooney (FL) Sires Webster (FL) Announcement by the Speaker Pro Tempore The SPEAKER pro tempore (during the vote). There are 2 minutes remaining. {time} 1208 So the bill was passed. The result of the vote was announced as above recorded. A motion to reconsider was laid on the table. ____________________
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