House Judiciary Committee Part 2
Video
Transcript
Bills discussed (10)
| Bill | Title | Sponsor | Status |
|---|---|---|---|
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SB254
· 3 mentions in chapter, transcript
Matched: “SB254”
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Pre-2017 bill | ||
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HB2096
· 2 mentions in chapter, transcript
Matched: “HB2096”
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Pre-2017 bill | ||
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SB245
· 2 mentions in chapter, transcript
Matched: “SB245”
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Pre-2017 bill | ||
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SB517
· 2 mentions in chapter, transcript
Matched: “SB517”
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Pre-2017 bill | ||
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SB628
· 2 mentions in chapter, transcript
Matched: “SB628”
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Pre-2017 bill | ||
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SB703
· 2 mentions in chapter, transcript
Matched: “SB703”
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Pre-2017 bill | ||
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SB887
· 2 mentions in chapter, transcript
Matched: “SB887”
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Pre-2017 bill | ||
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SB247
· 1 mention in transcript
Matched: “…ams, recognize. Representative Williams, recognize. Present Senate Bill 247.”
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Pre-2017 bill | ||
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SB422
· 1 mention in chapter
Matched: “SB422”
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Pre-2017 bill | ||
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SB707
· 1 mention in transcript
Matched: “…e you closed for your bill? There's a motion of due pass on Senate Bill 707. Is that correct? 703. 703. I'm sorry,”
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Pre-2017 bill |
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Representative Butch Wilkins
Unverified
0:00
important to Craighead County. This bill 703 will create a new district judgeship for Craighead County to be paid for by the county. We have one district judge in Craighead County. He's handling around 70,000 cases a year. If he split his caseload in half, he'd probably be the top two judges in Arkansas, but this is agreed to ban bill by the county judge.
In court they all recognize the need and it affects Craighead County only. Appreciate a good vote.
Representative Darrin Williams
Unverified
0:41
Thank you, Mr. Wilkins. Members, any questions for Mr. Wilkins? Mr.
Representative Tracy Steele
Unverified
0:48
Steele has a question for you. Very briefly. Mr. Wilkins, does this
Representative Butch Wilkins
Unverified
0:53
have anything to do with Representative Powers' state district court bill? Well, actually, when they've done this, when they've done the court bill, it was left out.
Craighead County was left out. At that time, it was still the number one. Judge Blackmon in Craighead County was handling the biggest caseload in the state, even at that time. But he failed to do some of the proper paperwork and get it back in. He's probably too busy hearing cases. And so this is kind of catch up
Representative Tracy Steele
Unverified
1:27
with that. Is there any particular reason why this would not be just encompassed in representative powers under the state district court bill?
Representative Butch Wilkins
Unverified
1:36
It's not. It's not. I'm sure of that. And they, it was, you know, it was a priority to get Craighead County, that extra district judge. So it's not encompassed in that. Okay. Thank you very much. Thank you,
Speaker 11
1:53
Mr. Chairman. Thank you, members. Any additional questions? Mr. Gillum? Thank you, Mr. Chair. Representative Wilkins, have you spoke to Representative Powers about this bill? Yes. Yes.
Speaker 15
2:04
There's no conflict in what he was attempting to do?
Speaker 14
2:08
There's no conflict. Okay. In fact, now, his bill
Representative Butch Wilkins
Unverified
2:13
really had to be passed before this bill would become effective. So, yeah, everybody's on board with it. If I mind, a follow-up just real
Speaker 11
2:22
quick. Do you think this would be necessary if I would just quit breaking the law in Craighead
Speaker 17
2:29
County? Unfortunately, Craighead County has a bunch of outlaws. It's been that way for a long time.
Speaker 18
2:38
That's where I got my starts, you know. I think that's why they threw me out. Thank you, Representative. Thank you, Mr. Gilliam. Anyone in the audience
Representative Darrin Williams
Unverified
2:46
who wants to speak for or against this bill? Seeing none, Mr. Wilkins, are you closed for your bill? There's a motion of due pass on Senate Bill 707. Is that correct? 703. 703. I'm sorry,
Senate Bill 703. Any question or discussion? Seeing none, all in favor of passing Senate Bill 703, indicate by saying aye.
Speaker 22
3:10
Opposed, no. Thank you, Mr. Wilkins. Your bill passes. Thank you, Mr. Chair. Thank you,
Representative Darrin Williams
Unverified
3:19
Committee. Members, the Chair is going to elinquish the Chair for a second. I'll run several bills that don't do much, kind of like the one that Ms. Wilkinson just ran. thank you mr. chair members this is house bill 2096 and there's an amendment that has
been passed out already this is the district court judges salary bill and it's okay with you all I'd like to make a motion to amend this bill it's actually mrs. Rogers amendment it should have been passed out
Speaker 29
4:23
already I'm sorry mr. chairman I took yours
Chair
Unverified
4:29
That's all right. Anybody have a motion? Motion to steal. Move, we accept the amendment. All
Representative Darrin Williams
Unverified
4:50
those in favor? Those opposed? Ayes have it. Motion adopted. Amendment adopted. Thank you, Mr. Chairman. Again, this is 2096 as amended is the District Court Judges' Salary Bill, which you guys heard me talking about in the well for some time now.
This bill basically sets the salary ranges for district judges and some of their court personnel. This is not paid for by state money. However, we do set their minimum and maximum salaries. The only people that are included in this bill are those who would like to change current law. So if you look and don't see your county, that's because you indicated that there was no need to change. These are the only ones that need to be changed, and I would appreciate a good vote. Happy to take any questions.
Chair
Unverified
5:34
Representative Steele, you recognize your question? I have a motion at the proper time. Okay. Is anybody wishing to speak against the bill? For the bill? Seeing none, Mr. Steele, motion. Do pass as amended. Got a do pass motion. All those in favor say aye. Aye. Those opposed? Ayes have it. Congratulations, Mr. Williams, you passed the
Speaker 35
6:00
bill. Thank you, Mr. Chairman. Mr. Williams, recognize. Representative Williams, recognize. Present Senate Bill 247.
Representative Darrin Williams
Unverified
6:04
Actually, 245, if that's okay, Mr. Chairman. It's fine. Members, I'm going to run several code revision bills. All of these are just cleaned up. Senate
Bill 245 cleans up Title 10, which is the Claims Commission section of the code, makes very stylistic changes and makes a couple of name changes to make the committee the correct name. Again, that's Senate Bill 245, and I'd be happy to try to answer any questions.
Chair
Unverified
6:37
Anybody wishing to speak against the bill for the bill? Seeing none, Ms. Rogers, you have a motion to do pass. All those in favor say aye. Aye. Those opposed?
Representative Darrin Williams
Unverified
6:51
Ayes have it. Thank you, Mr. Chairman. Now, with permission, Senate Bill 254, another code
revision bill. Recognize. Present your bill. Members, again, Senate Bill 254 is another code revision bill, amends Title 12 of the code. It makes various corrections throughout the code, a couple of stylistic changes,
removes some obsolete language from the code, and makes references to
proper code sections since some sections have been repealed. Again, a code revision bill, simple cleanup, no substantive changes. I'd appreciate a good vote, happy to answer any questions. Questions from the committee? Anybody wishing to
Chair
Unverified
7:27
speak against the bill? Fear of the bill. Seeing none. Is there a motion? Representative Steele? Representative Steele, if not, a motion do pass. All those in favor?
Those opposed? ayes have it. Congratulations, Mr. Williams. You passed another bill. Thank you, Mr. Chairman. You recognize, percent. Anything else you've got? This is Senate Bill 517, and there's an
Representative Darrin Williams
Unverified
7:50
amendment to this bill. I'm sorry. I'm not sure that I signed it yet. Do you want me to skip
over it? No, he signed it. Okay. You apparently signed it. Boy, I'm on top of it.
Unknown speaker
8:13
Yeah, I got one up here. Thanks. Representative Williams, recognize, present your amendment.
Representative Darrin Williams
Unverified
8:46
Members, this is a simple amendment. Again, this is a code revision bill. One thing we forgot to clean up
Speaker 25
8:56
is what this amendment is. I'd appreciate the
Chair
Unverified
9:01
adoption of this amendment. Got a motion by Representative Rice. To adopt the amendment, all
Representative Darrin Williams
Unverified
9:08
those in favor? Aye. Those opposed? Ayes have it. Recognize, present your bill. Member of Senate
Bill 517 has amended, amends Title 16 of the code. Regarding the courts, it makes various amendments to clean up repealed sections,
subdivides a couple of sections, changes dates, and makes various stylistic changes, no substantive changes to the law at all,
Chair
Unverified
9:28
and I'd appreciate a good vote. Questions from the committee? Anybody wishing to speak against? For? There being none, what's the pleasure of the committee? Representative Steele, do pass a motion. All those in favor? Those opposed? Ayes have
Representative Darrin Williams
Unverified
9:45
it. Congratulations. You pass your bill as amended. Thank you, Mr. Chairman. Now I'd like to run Senate Bill 628, another code revision bill. Recognize, present. Members, this is the last code revision bill, at least for today. This amends Title IX, family law section of the code, removes various repetitive language, adds some introductory language to make it clear, removes some repeal and obsolete language. It's all stylistic to make the code read better. I'd be happy to answer any questions and would appreciate a good vote.
Chair
Unverified
10:12
Any questions from the committee? Seeing none, anybody wish to speak against the bill, for the bill, there are a motion from the committee. Representative Branskin? Got a due pass motion for Representative Branskin. All those in favor? Those opposed? Ayes have it. Congratulations, you've passed your bill. Representative Williams, you recognize, present your next
Representative Darrin Williams
Unverified
10:38
bill. Members, this is not a code revision bill. This is Senate Bill 887.
the Uniform Power of Attorney Act. This is, however, a very good bill, and it simply updates and modernizes the power of attorney statute in the state of Arkansas. And I have with me Ms. White, who's a commissioner on the Uniform Laws Commission, to help me with any questions that you may have. Representative Walker, do you recognize your question?
Representative John W. Walker
Unverified
11:13
Yes. Since this is a lengthy bill,
could you tell me in a nutshell how it changes the Power
Speaker 57
11:27
of Attorney Act? I'd let Ms. White help you with that. Hello. I'm Elisa White. I am one of your Arkansas Uniform Law Commissioners here in support of this uniform law. What it does is the existing Arkansas law really was silent on several things. Existing law, though, did have some nice lists of powers that people who hold powers of attorney have.
This updates and modernizes those lists a bit. There aren't huge sweeping changes to those lists. One of the main things that it does to change Arkansas law, though, is to recognize that powers of attorney will be deemed to be durable, which is the expectation that most people have that the power of attorney will continue after their incapacity, and there will be no need to state in the power of attorney that this is the case. That is different than Arkansas law. That's a change.
This also adds some things that hadn't been in Arkansas law. There are some nice definitions in there. There's a recognition of the validity of military powers of attorney, which some people have difficulty getting recognized sometimes. There's an updated form to use for powers of attorney. And if you use that form and have a notarized signature on it, then a bank is required to accept that form. And I have been authorized by the Bankers Association
to say that they support the bill as
Representative John W. Walker
Unverified
12:58
well. Well, I guess my question is, does this change the power of attorney requirement from being one that can be simply implemented to one that has to follow a procedure or a process? Actually, my
Speaker 56
13:15
contention would be that it simplifies it because, I'm sorry. Here's my concern.
Representative John W. Walker
Unverified
13:22
In the past, I've been able to just write out a power of attorney, set out who the parties are, what the authority is that's being extended, the duration possibly, the terms of operation, and its period of when it would cease to operate. And then the person can sign it and can have it notarized at his option or her option, and we don't have to go through a long process. and that this helps in situations where persons are relatively incapacitated physically or whatever,
are you now saying that it will not be valid unless we use one of these
Speaker 57
14:03
forms? No, sir, not at all. In fact, the only thing that's required for a power of attorney to be valid under this law would be that it indicates that it is supposed to be a power of attorney, whether it uses those statements or not, if it just indicates that that's what it's supposed to do, and it's signed by the principal.
Representative John W. Walker
Unverified
14:22
That is it. No, sir. So that when you have on page 31 statutory form power of attorney, that is advisory rather than required?
Representative Darrin Williams
Unverified
14:29
That is correct. Thank you. Mr. Walker, I might add that if you don't state the duration or when the
power of attorney may end, it's going to be deemed to be a durable power of attorney and survive incapacity, which, when I read it, is the largest change that I saw. Representative Steele, you recognize
Representative Tracy Steele
Unverified
14:49
your question? Thank you, Mr. Chairman. Is this form in the statute, is this new? Was there previously a form like this in the
Speaker 57
15:01
statutes? Representative, there was a form in the statute in the previous statute,
but it was a little less user friendly. This is an updated form. It also contains some instructions for the agent, and it's a little bit easier to use, and it also has a form on there for an agent to use to certify their
Representative Tracy Steele
Unverified
15:19
authority. I guess I'm a little bit skeptical about forms that are so user-friendly that maybe people that don't really understand how powerful the power of attorney could be without any legal advice whatsoever could print out this form, have it notarized, take it to grandma
and empty your account. Is there not some concern that we're going to make it so accessible and so easy that people without any
Representative Nate Steel
Unverified
15:44
legal advice and without the understanding of how significant a power attorney
Speaker 57
15:49
is would be using these I understand the concern and that's definitely something that the the uniform law commissioners took into account and the form in fact in here has some very clear instructions about the power that is being conveyed in the document and in order if you wanted to
say okay I'm going to use this form the form contains warnings to the person who would sign it that indicates the extent of the power that they would be signing over to an agent. And so I guess technically you could have somebody who takes the form and just says, okay, I'm going to sign it and not really think about it. But the form does contemplate that somebody will read it and will read those instructions as part of it because there's sort of a warning, this is a big deal.
you are signing something that is very important and is a legally binding document. I understand
Representative Tracy Steele
Unverified
16:45
that, but I guess we could put a warning on guardianship forms or wills or anything and just put it out in the statutes and allow people to practice that for themselves. I'm not sure that's good public policy. I mean, it seems to me that a lot of people come in novice and ask for a power of attorney. And once I really explain to them just how serious that document can be, Sometimes they stop and they think about it and they discuss it with whoever was going to execute that power.
And sometimes they come to a different conclusion. I guess I'm afraid that this could lead to people, even with the warning, the border language that's in the statutes that warns them, that it could lead to people misusing and abusing
Speaker 57
17:28
the powers of attorney. I understand the concern. There's a form in the statute now that kind of does the same thing, but without the warning. That is one thing. We feel like this is probably a better form than the one that's in the statute.
But also, some of the attorneys who worked with us on this, it was the Alzheimer's Association who brought this to the Uniform Law Commissioners, and Lynn Foster is another Uniform Law Commissioner as well, from Arkansas, but the Alzheimer's Association, the attorneys there expressed that they felt like when people came to see them, they didn't just come for the form of the power of attorney. You're right, they came for the advice, and we certainly all hope, we attorneys certainly
hope that we encourage people to get advice as opposed to just getting a fill-in-the-blank will or a fill-in-the-blank form. I think one of the reasons for including the form in this law was to get some agreement from the banks that this was a form that they could live with so that we could say to people, if you use the form that's in this statute, then the banks will take it, will accept it, and not make you sign another one.
And so it was to get sort of a broad consensus that this
Representative Tracy Steele
Unverified
18:53
was a good format. Can we be sure that a lawyer that's been practiced in law for 30 or 40 years that has significant experience in this area, that the banks will still accept a power of attorney that he or she executes, or are they going to start requiring
Speaker 57
19:09
that everybody use the same boilerplate statutory power of attorney? There's no requirement at all that you use this statutory power of attorney. There's a benefit to people if they're afraid that their power of attorney will not be accepted.
There's a benefit to using the form because there are some teeth in the law that say if you're a bank and you don't accept a notarized version that uses this form, then you could be subject to an injunction forcing you to use it. But, no, there's nothing in there that requires that form, and there's nothing in there that requires a particular form of power of attorney. Okay. I guess we'll
Representative Tracy Steele
Unverified
19:46
get a chance to hear from the next witness. Mr. Steele,
Representative Darrin Williams
Unverified
19:50
my follow-up, what typically happens now, I think, with banks is they provide
their own form, which they ask someone to sign. And so this makes sure it not only protects the bank, but it also protects the person given the power
of attorney. Because you know what happens now, banks will throw a power of attorney in front of you and
Representative Tracy Steele
Unverified
20:09
say, sign this. I can assume the banks could be liable, though, in that instance, where they wouldn't be if we were using a statutory power of attorney that someone didn't understand. That's what
Representative Darrin Williams
Unverified
20:20
I would submit. I'm afraid that we're – you understand my concern. I understand the LegalZoom nature, and we're definitely not trying to promote LegalZoom.com
and other fly-by-night operators. I want to encourage folks to use lawyers. I assure you I want to
Chair
Unverified
20:37
do that. Representative Nichols, you recognize for
Representative Jim Nickels
Unverified
20:42
a question. Thank you, Mr. Chairman. I'm sorry I came in late, but whenever I
say the word uniform, form. I want to know how many states have adopted this.
Representative Darrin Williams
Unverified
21:02
It's been adopted within 10 states, introduced an additional
Speaker 61
21:06
3 others. Actually, 4 others. So it's been adopted
Representative Jim Nickels
Unverified
21:10
by 10. Okay. Thank you. Okay, thank you. Representative
Representative Fred Allen
Unverified
21:20
Gillen, you recognize for a question? Thank you, Mr. Chairman. In light of Representative Steele's question, something
Speaker 11
21:26
popped in my mind. I just wanted to ask for clarification's sake. Say my good friend over here and future attorney, Representative Vines,
is he going to be able to charge me more if this bill passes? Is this going to, I mean, for the consumer, is this, I mean, the client, there's
Speaker 72
21:46
no effect at all, right? As far as being able to charge you more to
Speaker 11
21:50
do this work, is that what you mean? This is more just technical issues. I mean, the client coming in and asking for this, it doesn't really impact anything that they're doing now and the course of conduct that they... That's correct.
Speaker 57
22:05
This really is designed to fill in gaps in the law and clarify the law in some areas where Arkansas laws just been silent on some issues. And then Arkansas law, it's been counterintuitive to people that their powers of attorney wouldn't be durable, wouldn't continue past incapacity, and so this clears that up and is more in line with the expectations of the consumer. Okay. Thank you very
Representative Fred Allen
Unverified
22:31
much. No further questions. Mr. Chair.
Chair
Unverified
22:35
Any other questions of the committee? Seeing none, anybody wishes to
Lynn Foster
Unverified
22:51
speak against the borough for the borough? Thank you. My name is Lynn Foster, and I'm a professor at the UALR Bowen School of Law, but I'm also here in my capacity as a uniform law commissioner along with Elisa White. Just And as a couple of quick comments, some of the deficiencies in the law right now is that
there's no standard for the fiduciary duty of the agent of a power in our current statutes. There is no provision for liability of the agent. If they breach their fiduciary duties, the proposed law remedies both of those things. It includes remedies and sanctions for abuse by the agent. It also includes a mechanism to get a court order if a bank won't recognize the power
of attorney, which is a problem right now. We already have a statutory power. This modifies it in some respects. There are a few major respects, not very many. I don't think that this is going to lead to people drafting their own powers any more than they do right now. So it just basically, as Elisa said, fills in some gaps in our current law. And also, these are issues that were issues nationwide and which led to the drafting of
Chair
Unverified
24:18
this new uniform law. Representative Seale, you recognize for a question, and please
Representative Tracy Steele
Unverified
24:28
keep in mind on our time. Thank you, Mr. Chairman. Do you think that there are certain circumstances where someone would want a regular power of attorney and not a durable power of attorney? And if so, could they do that under this situation, under this new
Speaker 92
24:47
bill? Yes and yes. All I have to do is specify it.
Representative Tracy Steele
Unverified
24:50
But unless they specify, then the power of attorney will be doable, will be good even if the person becomes incapacitated. Right. Right now, unless they specify it's not.
Representative Darrin Williams
Unverified
24:57
Right. And this changes the default. Right. Thank you. Any other questions? Representative
Chair
Unverified
25:03
Gilliam, you recognize for a motion? I move. Do pass. All right. We've got a motion to do pass. Representative Gilliam, all those in favor? Aye. Those opposed? No. Ayes have it. Congratulations. You passed
Speaker 98
25:23
your bill mr. Baker Baker representing powers powers representative rice Rep. Nichols. Rep. Rogers. Rep. Slinkard. Rep. Steele. Rep. Vines. Rep. Shepard. Rep. Deffenball.
Representative Hammer, Representative Hammer, Representative Eubanks, Representative Branscombe, Representative Ratliff, Representative Gillum, Representative Walker, Mr. Williams, you're making this a little complicated.
Chair
Unverified
27:14
Yes. I've got 11 ayes. Congratulations. You passed your bill. Good ears, Mr. Chairman. Thank you.
Speaker 22
27:49
Mr. Chairman sent bill 422 422 Mr. Chairman with your indulgence Lynn Foster has been here most of the day if we could get her testimony out
Speaker 107
27:56
and if we don't get through then do we have an amendment for this bill no sir let's hear her testimony and we will lay it on
Speaker 52
28:07
the table if you can get that testimony done in about 3 minutes we can do that Mr. Chairman Thank you again.
Lynn Foster
Unverified
28:19
Basically, the purpose of this statute, this amendment, is simply to clarify existing law. It's my understanding, and by the way, I'm here representing the Bar Association. This would allow, as the previous law did, a real estate broker or agent to give testimony in a judicial proceeding without necessarily being registered as a licensed appraiser.
The law previous to this already allows it, but apparently the statute is unclear. clear. And in some counties, I am told, there is a shortage of certified appraisers. Sometimes it's difficult to get them as witnesses. And so this would simply allow testimony of realtors as to the value of property, which current law already allows. This just makes it a little bit clearer. Of course, a judge has the ultimate discretion as to whether expert testimony
is admitted or not so it really doesn't change the current situation thank you miss foster that we're
Representative Darrin Williams
Unverified
29:28
gonna accept that right there mr. rice later on table you'll be first up when we come back
let me just check I think I know the answer this okay I won't even ask we'll see you on Tuesday thank you mr. chairman thank you all right staff would you make sure that we take this mr. rice still We'll adjourn. Thank you, members.
Agenda
Call to Order
SB703
HB2096
SB245
SB254
SB517
SB628
SB887
SB422
Adjournment
Documents
No documents posted.
Speakers
Representative Butch Wilkins
Unverified
Representative Darrin Williams
Unverified
Representative Tracy Steele
Unverified
Speaker 11
Speaker 15
Speaker 14
Speaker 17
Speaker 18
Speaker 22
Speaker 29
Chair
Unverified
Speaker 35
Speaker 25
Representative John W. Walker
Unverified
Speaker 57
Speaker 56
Representative Nate Steel
Unverified
Representative Jim Nickels
Unverified
Speaker 61
Representative Fred Allen
Unverified
Speaker 72
Lynn Foster
Unverified
Speaker 92
Speaker 98
Speaker 45
Speaker 107
Speaker 52