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From YouTube: 2/15/2021 - Senate Committee on Judiciary
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A
A
A
It
looks
like
she's
not
here
yet,
but
I
know
that
she
will
be
joining
us.
I
would
ask
that
you
mark
her
present
when
she
appears
and
as
always,
I
will
try
to
remember
to
chime
in
when
I
see
her
and
there
is
an
appropriate
break.
Thank
you.
Senator
owen
shaw,
president
senator
harris
here
senator
salmer.
A
It
looks
like
senator
meyer
is
not
here
either,
and
so
I
would
ask
that
you
mark
him
present
when
he
arrives
and
I
will
let
you
know
what
that
is.
If
I
see
him
and
there's
a
good
opportunity,
sorry
chair
somebody
called
in
at
the
same
time
which
then
unfortunately.
B
C
Senator
hanson
here
senator
pickard
here,
chair
schreibel
here
and
I
figured
out
how
to
scroll
through
zoom.
So
now
I
am
more
equipped
to
deal
with
the
business
of
the
day,
which
oh
should
also
reflect
that
we
have
members
of
committee
staff
present.
Mr
guyan,
if
you
would
please
let
the
secretary
know
who
those
are
thanks.
Madam
chair,
this
is
patrick.
That
would
be
myself
policy
analyst
for
the
committee
and
our
legal
counsel
nick
anthony
thanks,
thank
you
and
now
I
will
open
up
the
hearing.
A
On
sb
72,
I
believe
we
are
joined
by
sheriff
chandra
to
present
the
bill,
and
I
thought
I
saw
him
on
cam.
I
do.
I
see
him
on
camera.
Please
go
ahead
whenever
you're
ready,
mr
sander
good
afternoon,
madam
chair
and
members
of
the
committee,
my
name
is
sharat
chandra
administrator
for
the
real
estate
division,
I'm
here
to
present
sb
72
for
your
consideration.
A
Sharva
stroger,
who
I
believe
is
here
also
is,
is
the
ombudsman
for
the
hoa
and
they
work
within
the
real
estate
division,
their
office
oversees,
say:
3,
600,
hoas
and
county
accounting
for
well
over
half
a
million
nevadans
currently
residing
in
hoas.
We
also
have
a
commission
for
common
interest
communities.
It's
a
seven
member
body
appointed
by
the
governor.
C
C
B
To
study
issues
of
concern
in
common
interest
communities
in
the
state
and
make
some
recommendations
for
legislation
or
adoption
of
regulations,
so
the
ombudsman's
office
brought
three
items
to
the
task
force
that
they
believed
were
areas
that
they
would
get
a
lot
of
for
discussion
and.
D
Among
the
these
were
some
of
the
top
issues
that
were
bubbling
up
because
of
the
phone
calls
and
the
customer
service
that
they
do
on
a
regular
basis,
and
so
the
task
force
through
the
task
force.
They
provided
us
some
good
input
guidance
on
these
matters,
but
also
gave
us
some
potential
language
to
clarify.
116.
A
Again,
I
don't
want
to
reiterate:
I
want
to
reiterate
this.
As
you
all
know,
116
is
a
complicated
statute.
It's
dance!
It's
evolved
over
time.
Our
intent
here
is
not
to
overhaul
or
restructure
anything.
What
we
want
to
do
is
address
three
areas
of
statute
by
clarifying
fines
and
continuing
violations.
We
want
to
talk
about
the
foreclosure
procedures
as
it
relates
in
116
and,
finally,
clarification
on
client
attorney,
privilege
matters
and
due
process
for
homeowners
when
they
go
to
a
hearing
for
violations.
A
Lastly,
in
concluding
this,
I
just
want
to
say
that
after
the
bill
was
introduced,
we
had
some
discussion
with
industry
and
the
com
community
association
institution,
which
represents
a
lot
of
the
hoa
members
and
one
of
the
concerns
one
of
the
idea,
things
that
we
discussed
with
the
health
and
safety
of
welfare
violations
that,
in
the
bill,
proposes
capping
them
because
of
the
nature
of
these
violations
and
the
degrees
of
severity
that
they
see
across
health
and
safety.
We
felt
that
maybe
the
commission
would
be
a
better
place.
D
The
regulatory
process
will
offer
a
little
more
input
and
discussion
and
we
could
have
workshops
and
talk
about
kind
of
what
backbone
health
welfare,
safety
violations
look
like,
and
what
the
parameters
of
those
are.
So
in
statute,
we
will
probably
propose
general
language
that
allows
the
commission
to
make
those
decisions,
and
with
that
I'll,
stop
the
presentation
and
I'm
happy
to
answer
any
questions
committee's
questions.
Thank
you.
D
It
looks
like
senator
settlemeyer.
Has
a
question
go
ahead.
Thank
you.
If
I'm
correct
in
reading
the
proposed
rules
and
everything
you're
going
to
put
all
this
within
to
nrs,
or
is
there
a
desire
maybe
to
shift
the
concept
of
the
fines
and
fees
to
regulation
where
it
can
more
easily
be
changed
if
something
arises,
that
is
problematic
myself.
D
A
They
can
kind
of
assess
the
severity
and
attach
a
fine
to
it.
So,
yes,
that's
the
intent
some
of
the
language
in
there
that's
currently
there,
the
thousand
dollars
a
hundred
dollar
cap
or
on
regular
violations.
We
haven't
really
touched
that
we
just
put
some
clarifying
language
on
what
that
looks
like,
but
for
the
health
and
safety.
Our
proposal
now
is
to
put
an
amendment
in
that.
Would
move
that
thousand
dollar
language
out
and
say
the
commission
can.
D
D
A
C
B
E
You're,
please
respond
directly
to
the
senators
who
ask
questions.
You
don't
have
to
go
through
me,
which
brings
me
to
the
next
senator
with
a
question
which
is
senator
hansen.
Thank
you,
madam
chair
can
hear
me.
Okay,
good,
okay.
My
question
is
for
mr
chandra.
You
mentioned
that
the
hoa
board
is,
you
said
it's
an
advisory
board.
Does
it
ever
actually
have
the
power
to
draft
regulations
that
become
official
in
the
nac?
E
Thank
you.
Senator
shiraz
chandra
for
the
record,
so
the
advisory
committee
is
just
that
an
advisory
committee.
Originally,
if
you
recall
last
session,
there
were
some
discussions
about.
You
know
there
were
some
clearly
hoa's
a
complicated
regulation
statute,
and
so
I
think
you
probably
chimed
in
a
bit
in
part
of
that
discussion
last
session
too,
and
so
really
the
the
the
director
of
bni
is
the
chair.
There's
a
from
the
ag's
office.
We
have
someone
that
has
cic
experience
the
ombudsman
myself,
and
we
also
have
an
industry
person
and
also
an
educator.
E
That's
really
the
committee
and
the
goal
was
to
off
legislative
session.
If,
like
the
ombudsman
office
received
thousands
and
thousands
of
calls.
So
if
we
can
filter
through
some
of
the
pressing
issues
and
have
a
discussion
which
would
eventually
may
lead
to
a
regulation
or
a
suggestion
for
statute,
but
they
don't
have
the
authority
to
do
anything
this
bill
we
carried
because
we
thought
it
was
important.
Those
three
things
to
address,
because
that
was
the
majority
of
the
questions
we
got
and
again
it's
not
to
rework
anything
entirely.
E
Actually,
the
reason
I
bring
the
question
up
is,
as
you
know,
hoas
were
a
real
learning
curve
to
me
when
I
first
came
into
this
place,
because
I
knew
nothing
about
it
and
in
2015
I
actually
had
a
bill
to
completely
eliminate
section
116
and
send
it
all
back
to
the
counties,
but
some
thought
that
was
a
little
too
draconian.
E
But
the
the
point
that
senator
settlemyre
is
bringing
up,
I
think,
is
one
that
we
should
consider
as
a
committee,
and
that
is
do
we
need
to
create
a
regulatory
body
very
much
like
we
have
several
other
commissions
that
do
have
the
ability
to
actually
draft
regulations
that
end
up
in
end
up
in
the
nevada
administrative
code
and
in
other
words,
this
type
of
a
thing
should
be
handled
by
those
boards,
because
to
have
to
wait
every
two
years
to
deal
with
these
hoa
issues
and
from
experience
I
know.
A
Hoa
I
used
to
joke
is
that
hoa
bills
are
the
bills
from
hell,
because
they
were
the
most
controversial
bills
that
I
saw
in
the
entire
session
on
judiciary.
It
was
crazy
number
one.
In
particular,
there
were
like
800
people
there
and
there
was
a
huge
fight
over
where
they
were
going
to
play
place
their
garbage
cans
in
their
hoas,
and
why,
in
the
heck,
are
we
at
the
legislature
talking
about
that?
A
So
I'm
just
kind
of
wondering,
madam
chair,
that's
something
we
may
want
to
consider
actually
expanding
the
power
of
the
hoa
board
and
and
converting
it
from
a
regulatory
advisory
board
into
a
full-blown
regulatory
board.
I
don't
I
don't
know
if
that's
something
we
can
do
just
through
statute
or
what,
but
I
would
give
that
serious
consideration,
because
it
really
makes
no
sense
to
wait
two
years
to
make
relatively
minor
changes
in
these
hoas
and
we
just
have
to
have
more
flexibility.
A
This
hoa
situation
is
just
a
big
mess
and
I
know
the
staff
here
at
lcv.
It
goes
crazy
because
there's
always
a
bunch
of
bills
on
hoas
and
it
drives
them
crazy
because
in
so
many
cases
there's
there's
so
many
there's
so
much
minutia
and
they're
so
focused
on
single
hoas
that
they
really
should
be
handled
by
some
sort
of
regulatory
board.
So
thank
you,
madam
chair
pardon
my
rant,
madam
chair.
Sorry,
this
is
schwartz
under
just
to
clarify
again
sorry
senator
hansen's
question.
E
But
we
do
have
a
seven
member
commission,
cic
commission,
that
is
responsible
as
it
that
is
responsible
for
adopting
regulation
and
also
discipline,
because
the
hoa
part
of
it
also
is
we
regulate
licensees.
Who
are
community
managers?
So
community
managers
is
the
profession,
then
you
do
have
a
board
that
can
guess
this
all
right
good.
Well,
I
was
confused
because
when
you
said
it
was
an
advisory
board,
I
thought
well,
I
thought
it
was
had
more
teeth
than
that.
Okay,
I'm
sorry!
E
E
Well,
in
that
case,
we
will
move
on
to
our
next
senator
in
line
which
I
believe
is
senator
pickard.
E
Thank
you,
madam
chair.
I
and
I
apologize.
I
had
to
step
out
for
30
seconds.
So
if
this
was
addressed,
I
apologize
for
the
repeat.
First,
let
me.
A
Say
director
chandra,
it's
a
pleasure
to
see
you
I'm
always
impressed
with
how
well
you
run
your
division
and
and
how
adequate
your
requests
typically
are.
Just
I
I
because
I've
helped
set
up
hoas.
A
I've
sat
on
several
boards
as
a
developer
representative
and
I've
had
dealings
with
h.o.a
since
arriving
in
in
nevada
nearly
20
years
ago.
I
I
tend
to
pay
a
lot
of
attention
to
hoa
bills,
but
two
things
that
I
generally
tend
to
resist
is
number
one
giving
these
boards
more
power,
we're
already
giving
them
the
ability
to
empty
people's
pocketbooks
over
some,
sometimes
pretty
small
issues
and
then
to
input
to
increase
the
amount
of
impact
that
they
can
have.
A
F
Of
the
unit's
owners
that
surprises
me,
because,
frankly,
we
typically
almost
all
of
the
hoas
exist
within
a
an
area
that
is
covered
by
either
a
county
or
a
municipal
ordinance
that
allows
code
enforcement
to
step
in
and
address
these
very
issues.
So
to
say
nothing
of
the
potential
effective
double
jeopardy
where
they
may
have
a
municipality
going
after
them
on
a
code
violation,
and
then
here
comes
the.
A
Civil
fine,
why
do
we
think
we
have
to
boost
this
up
to
a
thousand
dollars
per
violation?
That
seems
excessive
to
me.
A
Thank
you.
Senator
pickard
appreciate
your
endorsement
of
some
of
the
things
that
we're
doing,
but
to
answer
your
questions
there.
So
really
that's
the
section
that
I
talked
about,
we
so
so
just
to
back
up
a
little
bit.
So
currently
there
is
no
cap,
so
there's
a
health
and
safety
welfare
violation
that
associations
administer.
A
There
is
no
cap
or
there's
no
kind
of
guidance
on
what
that
is
and
what
it
looks
like.
But
really
they
address
a
lot
of
the
issues
like
you
know,
shootings
those
kind
of
things
that
the
ombudsman's
office
doesn't
really
see
these,
but
they
do
come
up
a
lot
of
times
and
so
dumpster
fires.
Some
of
the
examples-
and
I
think
the
industry
can.
F
Put
a
cap
on
it,
but
actually
allow
the
commission
to
develop
the
real
estate.
I
mean
the
cic
commission
to
develop
the
framework
for
these
for
these
health
and
safety
violations,
because
otherwise
a
regular
fine
is
a
hundred
dollars
captured
a
thousand
dollars,
and
so
this
one
is
was
had
no.
B
I
went
into
the
few
cases
the
cases
are
sparse
on
this,
but
the
some
of
the
district
court
rulings
that
I
did
run
across
suggested
that
a
fine
that
wasn't
where
we
had
no
guidance
had
to
be
reasonable
and
they
used
the
caps,
the
hundred
dollars
and
thousand
dollars
cumulative
as
a
a
guide.
B
This
would
increase
that
tenfold
and
so
and
and
it.
A
You
know
it,
we
won't
lose
the
reasonableness
factor,
but
is
there
some
empirical
data
to
suggest
that
a
thousand
dollars
is
the
right
number
that
it?
It
would
then
disincentivize
these
kinds
of
egregious
violations,
or
is
this
an
arbitrary
number?
I
just
this
is
the
one
part
of
this
bill
that
I
really
stumbled
across.
B
Thank
you
senator
again
chandra
for
the
record,
so
so
really
you're
right,
there's
language
in
there.
That
says
you
know
the
and
I'm
just
reading
it
verbatim
part
of
it
is
you
know
if
the
violation
poses
an
imminent
threat
of
causing
a
substantial.
A
Adverse
effect
on
the
health,
safety
and
or
welfare
of
the
unit
owners
or
residents
of
the
common
interest
community,
the
amount
of
the
fine
must
be
consum
commensurate
with
the
severity
of
the
violation.
It
must
be
determined
by
the
executive
board
in
accordance
with
the
governing
documents.
So
that's
the
language
that's
already
there,
and
so
yes,
we,
we
don't
know
the
degrees
of
severity
and
that's
why
we.
A
We
thought
that
maybe
moving
this
to
a
regulation
where
the
commission
could
hear
public
comment
and
do
workshops
and
get
a
idea
of
what
that
looks
like
and
then
at
that
point
they
can
decide
whether
to
and
like
senator
settermeyer
said.
Maybe
that's
where
we
talk
about
a
cap
or
a
max
or
you
know,
or
you
know
that
that
discussion
needs
to
happen
at
that
level.
Not
at
this
level.
A
A
A
Thank
you,
madam
chair
and
my
question.
It's
page
8
of
the
bill
lines
41
and
42.
the
deleted
language
in
section
3
about
potential
litigation.
A
My
question
is:
if
that,
if
that
language
passes,
then
would
the
executive
board
of
homeowners
association
be
able
to
meet
in
private,
with
let's
say,
an
attorney
or
a
law
firm,
that's
soliciting
their
business
and
it
wouldn't
be.
You
know
open
to
all
the
members
of
the
homeowners
association
that
that
was
a
concern
I
had
with
the
deletion
of
that
language
there.
On
page,
eight.
B
Was
currently
the
language
is
very
narrow,
so
the
only
time
an
executive
board
may
meet
an
executive
session.
A
A
B
Like
senator
settlemeyer,
did
you
have
another
question.
B
No,
madam
chair,
I
just
have
no
idea
how
to
unraise
my
digital
hand,
perfect.
Okay,
in
that
case,
I
have
a
couple
of
questions
for
you,
mr
chandra,
and
I'm
very
sorry.
If
you
already
covered
this,
I
was
trying
to.
A
Follow
along,
as
you
were,
answering
the
other
committee
members
questions
and
at
some
points
I
think
we
kind
of
circled
back
around
to
the
idea
of
the
commission
and
the
committee,
and
I
got
a
little
bit
confused
about
the
your.
The
division
is
open
to
an
amendment
to
this
bill.
Is
that
correct?
A
That
is
correct.
We
we
will
work
on
that
language
and
we
will
bring
it
in
the
division
will
work
on
that
language.
We've
got
some
ideas.
A
A
Maybe
what
would
be
helpful,
then,
is,
if
you
could
spell
out
for
us
exactly
what
commission
it
would
be
because
we
have
commissions
at
a
couple
of
different
levels
within
different
divisions,
the
different
agencies.
So
what
would
be
the
commission
that
would
be
evaluating
this
okay?
We
could
do
that
so
so
again,
I
think
this
is
probably
where
it's
my
fault.
I
didn't
clarify
it
right
at
the
beginning,
because
senator
hansen
also
seemed
to
kind
of
have
a
different
understanding,
so
in
statute.
B
There
is
a
real
estate
commission,
it's
a
seven
member
body
that
consists
of
owner
developer,
like
senator
pickerson
and
also
has
two
homeowners.
It
also
has
a
hoa
attorney
and
it
also
has
a
cpa.
So
there's
a
it's
a
it's
a
complete
broad
mix
of
folks
that
live
in
hoas
and
have
ho
experience,
auditors,
those
kind
of
things,
and
so
that
committee
that
commission,
the
seven
member
commission
does
adopts
regulation,
finds
and
hears
disciplinary
cases
against
licensees
and
also
advises
the
division
so
last
session.
B
In
addition
to
this
already
existing
commission,
the
bill
allowed
the
director
of
bni
to
establish
a
task
force
and
that's
this
is
my
fault,
because
I
call
it
a
commission
and
that
that
it's
it's
actually
a
task.
G
Force-
and
that
includes
the
director
of
bni,
the
ombudsman,
myself,
the
representative
from
the
ag's
office
and
an
industry
practitioner
and
also
an
educator
that
we
have
appointed
that
provides
some
input
and
additional
guidance,
because
even
the
commission
only
meets
four
times
a
year
and
and
they
have
a
lot
of
cases
that
they
hear
and
so
because
of
the
time
constraints.
This
was
an
additional
level
of
help
that
we
could
provide.
And
so
some
of
these
ideas
went
through
that
task
force
and
then
now
made
it
into
the
form.
H
Of
a
bill,
but
when
the
regulations
are
considered,
we
have
a
regular
seven
member
commission
that
would
follow
the
entire
regulatory
process
when
it
comes
to
adopting
regulation.
I
don't
know
if
that
clarifies
that
and
when
you
say
the
regulatory
process,
are
you
talking
about
the
process
outlined
in
233b?
H
H
H
B
H
We
would
probably
propose
the
language
would
probably
look
like
the
commission,
the
real
estate,
the
common
interest
community
commission
would
establish
limitations
on
the
amount
of
the
fines
and.
G
I'm
sorry,
that's,
okay,
that's
okay
and
I'm
sorry.
Other
members
of
this
committee
are
probably
more
familiar
with
this
portion
of
the
nrs.
B
Even
than
I
am,
but
I
need
to
understand
this
in
order
to
properly
assess
the
bill-
and
I
don't
know
the
difference
between
the
real
estate.
G
Commission
and
the
common
interest
community
commission.
So
if
you
could
explain
to
me
the
relationship
between
those
two,
I
think
that
would
be
helpful,
so
the
so
it's
exactly
the
same
as
the
real
estate
commission,
except
it.
It
covers
116
and
116.
A
the
real
estate
commission
covers
645,
and
then
we
have
another
commission
that
is
the
commission
of
appraisers
that
covers
645
c
and
so
there's
three
commissions.
That.
I
That
that's
under
the
real
estate
division
for
lack
of
better
work,
and
so
just
like
the
real
estate
commission,
the
cic
commission,
it's
the
same
functions,
but
they
only
oversee
116
and
169.
same
functions.
Different
members,
different
members,
yes
and
the
comp
is
I'm
sorry
chair
and
above
the
three
of
those
commissions.
Is
there
an
overarching
regulatory
body.
I
This
is
triath
again.
No,
there
is
no.
Those
are
the
three
commissions
and
then
the
task
force
was
something
that
last
year
there
was
a
bill
that
wanted
to
make
certain
changes,
and
so
I
think
there
was
a
compromise
and
then
the
task
force
would
assist
in
providing
some
input
to
the
division
and
potentially
to
that
commission,
the
the
common
interest
community
commission
for
regulatory
changes
all
right.
I
I
think
that
helps
clarify
it.
Sorry,
we
put
you
through
the
ringer
there,
but
we
appreciate
your
time
and
clarity
with
us.
I
don't
see
any
other
hands
raised,
so
I
am
taking
that
to
mean
that
the
members
do
not
have
any
further
questions
and
we
will
close
the
presentation
on
sb72
and
move
to
testimony
in
support
of
sb72
I'll,
remind
everybody
here
to
testify
and
support
who
should
be
on
the
phone
right
now
that
you
will
be
limited
to
two
minutes
per
caller.
You
can
submit
additional
comments
online.
I
You
can
submit
them
in
writing
if
you
haven't
already
and
if
you
listen
now
for
the
cues
from
our
fantastic
staff
at
bps.
Mr
kyle
will
help
you
get
on
here
to
testify.
In
support.
G
J
J
This
is
adam
clarkson,
I'm
speaking
as
the
vice
chair
of
the
community
association's
institute
community
associations,
institute
legislative
action
committee.
Cai
represents
over
1300
members
secure
in
nevada,
the
majority
of
which
are
homeowners,
and
we
address
issues
facing
community
association
issues.
I
am
an
attorney.
I
have
represented
associations
for
15
years
here
in
nevada.
My
office
represents
roughly
10
percent
of
nevada's
hoas,
I'm
also
a
member
of
the
hoa
task
force
spoken
about
administrator
earlier,
but
I'm
not
here
on
behalf
of
the
task
force
today.
J
I'm
here
on
behalf
of
cai
cai
supports
the
bill.
We
appreciate
the
commentary
by
administrative
chandra
and
his
comments
and
quick
answers
to
your
questions.
We
also
supported
his
proposed
amendment
to
the
bill
and
the
languages
that
are
changed
and
the
changes
that
are
made
in
the
bill
to
help
clean
things
up
and
make
things
run
smoother
for
community
associations.
J
Thank
you
appreciate
your
time.
Sorry
before
you
disconnect
mr
clarkson,
could
you
please
spell
your
name
for
the
record.
G
G
All
right,
then,
we
will
close
testimony
in
support
of
sb72
and
move
to
testimony
in
opposition
of
sb72.
G
G
G
G
For
example,
I've
experienced
several
instances
where
a
master
hoa
demanded
one
type
of
foliage
in
a
front
yard,
while
sub-hua
wanted
a
different
type
of
foliage,
no
matter
what
we
did,
we
were
fined.
It
took
us
several
years
to
work
out
this
problem.
Another
problem
we've
had
is
that
when
we
purchase
houses
that
have
no
swimming
pools,
some
hosts.
B
G
B
B
B
My
name
is
michael
kozar
kosor.
I
submitted
some
written
comments.
I'm
would
like
to
speak
in
opposition
to
a
small
portion
of
the
bill,
and
that
would
be
section
three
previously
noted
there
at
the
bottom
of
page.
Eight,
the
removal
of
the
language
is
my
particular
objection.
B
I
will
acknowledge
some
very
limited
circumstances
may
exist
beyond
that
currently
authorized
specifically
litigation
in
which
attorney
client
a
board
may
wish
to
speak
to
an
attorney
in
executive
session.
B
B
B
B
And
chair,
I'm
not
currently
getting
any
response
from
that
number.
Would
you
like
me
to
ask
again,
oh
sure,
go
ahead,
one
more
time
sure
thank
you
call
her
with
the
last
three
digits
of
five
five
five,
please
slowly
state
and
spell
your
name
for
the
record.
You
will
have
two
minutes
and
may
begin
now.
B
And
chair
at
this
time
there
are
no
callers
to
give
mutual
testimony
at
this
time
all
right.
Thank
you
so
much,
mr
kyle.
That
concludes
the
testimony
on
sb
72
and
as
such,
the
hearing
on
sb
72
is
now
closed.
B
And
while
the
phone
lines
are
open
and
working,
there
is
no
one
to
give
public
comment
at
this
time
all
right.
Thank
you
so
much
for
your
assistance.
Thank
you,
everybody
for
joining
us
today
for
this
productive
discussion,
and
that
is
the
last
item
on
our
agenda.
We
will
be
adjourned
until
tomorrow,
february
16th,
also
at
1pm.
Thank.