ADVOCACY UPDATE
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 We finally have a bill number for our priority municipal deposit legislation! Our bill number is SB 157, which is sponsored by Sen. John Kennedy (R), Macon. Now, it is time to get to work and get the bill moving through the process before cross-over day. We anticipate that the Senate Banking & Financial Institutions Committee will hear the bill on Tuesday, February 26th. Members of the Senate Banking & Financial Committee that will be voting on the bill are as follows:
Click here for talking points on this bill that can be shared with your Senators. We encourage you to keep making your voices heard. Our first big hurdle will be getting the bill passed out of the Senate Banking & Financial Institutions Committee. Then, we can focus on the next steps. Thank you for your support! Please contact Lori Godfrey or John McNair with any questions or concerns that you may have.
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 Both the Senate Banking & Financial Institutions Committee and the House Banks & Banking Committee held meetings this week.
SB 37—Statute of Frauds by Sen. William T. Ligon, Jr. (R), Brunswick, was heard by the Senate Banking Committee on Tuesday. The author of the bill made changes to the proposed bill in an effort to mitigate concerns raised at the previous committee meeting. However, several concerns remained after the discussion of the changes. The Committee ran out of time to hear testimony of all that had signed up on the bill; however, the author of the bill promised to continue working on perfecting the language to satisfy the remaining concerns. HB 185—Financial Institutions, by Rep. Bruce Williamson (R), Monroe, was voted upon by the House Banks & Banking Committee. The bill received a do pass motion from the Committee on Wednesday. CBA will continue to monitor the progress of the bill. HB 193—Banking and Finance, by Rep. Emory Dunahoo (R), Gainesville, relating to the savings promotion raffles offered by state-charted banks and credit unions was voted upon by the House Banks & Banking Committee. The bill received a do pass motion from the Committee on Wednesday. A request has been made to amend the bill to clarify that consumers should not have to pay a fee in order to participate in the raffle. CBA will continue to monitor the progress of the bill. HB 212–Manufactured Homes relating to exemptions for retailers, retail brokers of manufactured homes or mobile homes from a mortgage lender and broker license was heard by the House Banks & Banking Committee. As drafted, CBA has concerns with this bill as it may have a significant, negative impact to the Department of Banking & Finance. However, the author of the bill and the Department of Banking & Finance have been in discussions and an amendment to the bill will be made. The author promised to have an amended bill at the next committee meeting. CBA will continue to monitor this bill.  This week, we completed days 17 through 20 of the legislative session. We have made it to the half-way point of the session! Crossover day is Day 28 of the session so there is still time for bills to progress from one chamber to the other. Sine die will be day 40 of the session.
Other bills that CBA is tracking: HB 42—Professional Licensing Boards by Rep. Scot Turner (R), Holly Springs, was passed by the Higher Education Committee on February 13, 2019. The bill went to the House Rules Committee where the bill was recommitted to the Higher Education Committee on Wednesday. HB 70—Guardian and Ward by Rep. Chuck Efstration (R), Dacula, was passed by the Juvenile Justice Committee by substitute on Wednesday. HB 81—Contracts by Rep. Todd Jones (R), South Forsyth, related to eliminating restrictive covenants in employment agreements with Information Technology employees, was voted upon by the House Judiciary Welch Subcommittee. The author of the bill made significant changes to narrow the scope to only apply to non-compete agreements and to narrow the type of Information Technology person the bill applies to. The bill was passed by the Subcommittee. The bill is on the full House Judiciary Committee calendar for Friday afternoon. HB 239–Georgia Business Court by Rep. Chuck Efstration (R), Dacula, was heard in the House Judiciary Committee meeting on Thursday. There were numerous questions on the bill and the author of the bill indicated that amendments would be made to the bill. HB 307—Abandoned Motor Vehicle Act by Rep. Alan Powell (R), Hartwell, was introduced in the House. The bill relates to abandoned motor vehicles, so as to repeal Article 1, relating to abandoned and derelict vehicles, and to enact a new Article 1; to amend Article 5 of Chapter 12 of Title 44 of the O.C.G.A., relating to disposition of unclaimed property, so as to provide for proceeds from the sale of an abandoned motor vehicle after satisfaction of a lien to be deposited with the commissioner of revenue; to provide for publication of "Georgia Unclaimed Property List"; to provide for related matters; to repeal conflicting laws; and for other purposes. CBA will continue to monitor this bill. HB 314—Georgia Uniform Certificate of Title for Vessels Act by Rep. Ron Stephens (R), Savannah, was introduced in the House. The bill relates to registration, operation, and sale of watercraft, so as to provide for the titling of certain vessels; to provide for procedures with regard to titling such vessels; to provide for legislative intent and findings; to provide a short title; to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding sales and use taxes, so as to provide for a cap on the sales and use tax on the purchase or lease of a vessel; to provide for definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. This bill is similar to boat titling bills that have been introduced in years past; however, the taxes established within the bill caused many questions and concerns when the bill was discussed in Committee. CBA will continue to monitor this bill. HB 402—Handicapped Persons; items to be reported by financial institutions by Rep. Houston Gaines (R), Athens, was introduced in the House. The bill relates to the protection of disabled adults and elder persons, so as to include abuse and neglect in the items to be reported by a financial institution; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. As written, the definition of abuse and neglect is very broad. CBA is opposed to the bill as written as financial institutions would be mandated reporters for not only financial exploitation, but for abuse and neglect as well. We do not believe our banks have the training necessary to make a determination on what constitutes abuse and neglect. CBA is working with the Department of Human Services to see if we can work on revised language that can be agreeable to all parties. SB 38—Courts; electronic filing requirements of superior and state courts by Sen. William T. Ligon, Jr. (R), Brunswick, was passed by the Senate with a vote of 53-0 on February 13, 2019. The bill was introduced in the House on February 14, 2019. SB 52—Code Revision Commission by Sen. William T. Ligon (R), Brunswick, was passed by the Senate with a vote of 52-0 on February 14, 2019. The bill was introduced in the House on February 15, 2019. SB 110—Statewide Business Court by Sen. Jesse Stone (R), Waynesboro, was heard in the Senate Judiciary Committee meeting on Thursday. There were numerous questions by Committee members on the bill and the author of the bill welcomed feedback from Committee members and others that may have concerns in writing to his office. SB 120—Georgia Tax Credit Business Case Act by Rep. John Albers (R), Roswell, was introduced in the Senate. The bill relates to fiscal bills generally, so as to require an economic analysis to be conducted by the state auditor of certain income tax credits and exemptions from sales and use taxes according to a schedule; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. One of the income tax credits outlined within the bill is Code Section 48-7-29.7, which is a tax credit for depository financial institutions. The bill would require that on or before December 31, 2019, an economic analysis of this tax credit should be issued to the House Ways & Means Committee and the Senate Finance Committee. CBA will monitor this analysis.  By James Cooper
CSBS Senior Vice President of Policy and Supervision The community bank leverage ratio (CBLR) proposed by federal regulators won’t provide the regulatory relief that Congress intended. Instead, as proposed, the simplified capital framework would result in regulatory burden that exceeds any relief provided. The problem stems from the creation of a proposed new prompt corrective action (PCA) framework for banks that use the CBLR but there is an easy fix, as we said in a letter this week to the OCC, Federal Reserve and FDIC. Congress directed the federal agencies to develop the CBLR in Section 201 of the Economic Growth Regulatory Relief and Consumer Protection Act last spring. The goal was to provide qualifying community banks relief from the complexities and burdens of the current risk-based capital rules while ensuring that they maintain a high quality and quantity of capital consistent with requirements of the current rules. The interagency CBLR proposal, released February 8, allows certain community banks with less than $10 billion in total assets to elect to use the CBLR if they have a CBLR greater than 9 percent. Banks can choose to opt out of the CBLR at any time and return to complying with the current capital requirements. However, if a bank does not opt out and its CBLR falls to 9 percent or below, then the bank would be considered less than well capitalized under the new PCA framework, which would trigger many operational restrictions. We believe the newly proposed prompt corrective action is unnecessary and unwarranted. Instead, the CBLR framework should require a community bank that falls below the CBLR to begin reporting capital ratios under the current risk-based capital rules. To make that transition smoother from an operational standpoint, we believe the CBLR should use the current Tier 1 leverage ratio rather than creating a new capital measure, which the proposal refers to as CBLR tangible equity. This would reduce burdens in transitioning into and out of the CBLR framework, reduce the changes that would need to be made to current reporting processes and preserve the ability for supervisors and other stakeholders to compare capital adequacy across institutions in different capital frameworks. To be clear - state regulators and CSBS are encouraged by the OCC, Fed and FDIC’s efforts. We just want to make sure that the CBLR provides the community banks we regulate regulatory relief that exceeds any new regulatory burdens created in implementing the CBLR.  On Wednesday, February 13th, CBA held our Grass Roots Day at the Dome. We were thrilled to show off our new format for Advocacy for our community bankers. This year, CBA provided transportation to and from the Capitol so our bankers did not have to stress with traffic and parking. We had two buses running from the North and South of Atlanta. CBA is thankful for our sponsor, Promontory Interfinancial Network, for providing our bankers with this opportunity.
Upon arriving at the Capitol, CBA had a photo opportunity with Governor Brian Kemp. Then, our bankers began working the halls of the Capitol equipped with talking points for our priority municipal deposit bill and page slips for both the House and Senate. Our bankers paged their respective Representatives and Senators to explain the importance of the municipal deposit legislation for their banks. The legislators love having their constituents at the Capitol to voice their concerns first hand. Grass roots advocacy is so powerful! This was the first time many of our bankers had actually experienced an “on the ropes” experience at the Capitol. It certainly gives you a different perspective on how things work, but it also a humbling experience as everyone had to wait in line just like everyone else. At noon, everyone convened at the Georgia Freight Depot for a luncheon with our legislators. Governor Brian Kemp was gracious with him time and took the opportunity to join our event to kick things off. Governor Kemp’s message was the importance of making Georgia the #1 state for small businesses. Community banks are uniquely positioned to help with this opportunity as community banks provide small business loans for exactly these purposes. Bankers were seated with legislators from their districts so they could have one on one conversations about things relevant to their respective districts. Some of the freshman legislators were not familiar with bankers within their districts so this was a great place to make the introductions. CBA is thankful for all of our bankers for stepping up and making this event a huge success! We are also thankful for Governor Kemp, Insurance Commissioner Jim Beck, Kevin Hagler of Department of Banking and Finance, members of the legislature, and staff members of various government offices for joining our event. In addition, we would like to thank James-Bates-Brannan-Groover-LLP for their sponsorship of our event and their ongoing support throughout the legislative session.  Sen. John Kennedy (R), Macon, has agreed to sponsor CBA’s priority municipal deposit legislation. The bill has been drafted by legislative counsel. CBA’s Lori Godfrey and James-Bates-Brannan-Groover-LLP’s John Sillay worked exclusively with the Office of the State Treasurer to hear Treasurer Steve McCoy’s concerns with the legislation as drafted. Discussions with the Treasurer resulted in several modifications to the draft language in an effort to mitigate any concerns. In addition, Lori Godfrey and John Sillay had discussions with the Department of Banking & Finance to ensure that the language of the proposed legislation does not impose any undue risk to the safety and soundness of Georgia banks. After both agencies reviewed the final draft of the bill, CBA was told that all of the risks had been mitigated. Revised language was submitted to legislative counsel and we are currently waiting for finalization of the bill so a bill number can be assigned and the bill can eventually be introduced in the Senate.
The bill will allow community banks to compete with large, often out-of-state banks, for local municipal accounts and deposits. Community banks, many in rural Georgia, would be able to accept local government’s funds, allowing these banks in turn to reinvest and loan monies back into their own communities and spur economic activity. Increased lending will spur business growth, jobs and boost statewide economic activity. Georgia is the ONLY state that does not permit local governments to utilize deposit placement services as an alternative to collateralization of public deposits. According to the FDIC, community banks make over 40% of all small business loans in the country. By keeping municipal deposits local and with local community banks, banks will have a greater ability to make more residential, commercial, agricultural and consumer loans in Georgia communities. This bill also helps community banks by greatly improving the bank’s liquidity position if this option is used instead of the direct pledging method.  Both the Senate Banking & Financial Institutions Committee and the House Banks & Banking Committee held meetings this week.
SB 20 was presented by Sen. Michael ‘Doc’ Rhett (D), Marietta. Numerous questions were asked of the author on the bill. The bill received a do pass motion from the Committee on Tuesday, February 12th. HB 185 is the Department’s Housekeeping bill, which was presented by Rep. Bruce Williamson (R), Monroe. The committee held a hearing only on the bill and no action was taken. CBA will continue to monitor the progress of the bill. HB 193 relating to the savings promotion raffles offered by state-charted banks and credit unions was presented by Rep. Emory Dunahoo (R), Gainesville. The committee held a hearing only on the bill and no action was taken. CBA will continue to monitor the progress of the bill.  This week, we completed days 12 through 16 of the legislative session. It has been a very busy week with lots of committee hearings. Crossover day is Day 28 of the session so time is ticking to get bills moving.
Other bills that CBA is tracking: SB 52 relating to various ‘housekeeping’ changes to the Official Code of Georgia Annotated, sponsored by Sen. William T. Ligon (R), Brunswick and Sen. Jesse Stone (R), Waynesboro, received a do pass motion from the Senate Judiciary Committee on Monday, February 11th. Now, the bill goes to Senate Rules. CBA will continue to monitor this bill. SB 92--Professional Licensing Board by Sen. Brandon Beach (R), Alpharetta, was introduced in the Senate. The bill prohibits professional licensing boards from refusing to issue a license or suspending or revoking the license of a person who is a borrower in default under an educational loan issued through the Georgia Higher Education Assistance Corporation or through a federal agency; to provide for related matters; to repeal conflicting laws; and for other purposes. It appears that this bill mirrors the language in HB 42 by Rep. Scot Turner (R), Holly Springs. CBA will continue to monitor this bill. SB 110—Statewide Business Court by Sen. Jesse Stone (R), Waynesboro, was introduced in the Senate. The bill is the enabling legislation that establishes the State-wide Business Court pursuant to the Constitution of this state; to amend Code Section 45-7-4 of the O.C.G.A., relating to general provisions regarding salaries and fees, so as to designate a salary for the judge of the State-wide Business Court; to amend Title 5 of the O.C.G.A., relating to appeal and error, so as to make conforming changes regarding appeals; to amend Chapter 4 of Title 9, Title 23, and Code Section 33-39-21 of the O.C.G.A., relating to declaratory judgments, equity, and equitable relief relative to insurance, respectively, so as to make conforming changes regarding equity; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. It appears that this bill mirrors HB 239 by Rep. Chuck Efstration (R), Dacula. HB 81 related to eliminating restrictive covenants in employment agreements with Information Technology employees, introduced by Rep. Todd Jones (R), South Forsyth, was heard in the House Judiciary Welch Subcommittee meeting on Monday, February 11th. Members of the committee had numerous questions for the author and expressed several concerns with the language as drafted. The definition of worker was deemed to be too broad and the author was asked to work with committee members to consider alternatives to the wording. There were a couple of language issues within the bill that would also need to be corrected. CBA will continue to monitor this bill. HB 212–Manufactured Homes by Rep. Clay Pirkle (R), was introduced in the House. The bill relates to licensing of mortgage lenders and mortgage brokers, so as to exempt retailers, retail brokers of manufactured homes or mobile homes, and residential contractors from the requirement to obtain a license as a mortgage loan originator, mortgage broker, or mortgage lender under certain circumstances; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. As drafted, CBA has concerns with this bill as it may have a significant, negative impact to the Department of Banking & Finance. CBA will continue to monitor this bill. HB 239–Georgia Business Court by Rep. Chuck Efstration (R), Dacula, was introduced in the House. The bill is the enabling legislation for the establishment of a Georgia Business Court pursuant to the Constitution of this state; to provide for law assistants and other employees; to amend Code Section 45-7-4 of the O.C.G.A., relating to general provisions regarding salaries and fees, so as to designate a salary for the judge of the Georgia Business Court; to amend Title 5 of the O.C.G.A., relating to appeal and error, so as to make conforming changes regarding appeals; to amend Chapter 4 of Title 9, Title 23, and Code Section 33-39-21 of the O.C.G.A., relating to declaratory judgments, equity, and equitable relief relative to insurance, respectively, so as to make conforming changes regarding equity; to provide for related matters; to repeal conflicting laws; and for other purposes. CBA will continue to monitor this bill. It appears that this bill mirrors SB 110 by Sen. Jesse Stone (R), Waynesboro. HB 288–Superior Courts by Rep. Alan Powell (R), Hartwell, was introduced in the House. The bill relates to clerks of superior courts, so as to revise the sums that the clerks of the superior courts are entitled to charge and collect for filing documents and instruments pertaining to real estate or personal property; to provide for a flat sum structure; to repeal certain related alternative fees; to provide for related matters; to repeal conflicting laws; and for other purposes. CBA will continue to monitor this bill.  NR 2019-15
On February 12, 2019, Five federal regulatory agencies issued a joint final rule to implement provisions of the Biggert-Waters Flood Insurance Reform Act of 2012 requiring regulated institutions to accept certain private flood insurance policies in addition to National Flood Insurance Program policies. The rule, which takes effect July 1, 2019:
Click here to read more.  This week, the legislature set the calendar for the remainder of the session in HR 152. Crossover day is set for Day 28 of the session, which will be March 7, 2019. As a reminder, crossover day is the last day for legislation to pass the chamber in which it was introduced and transfer to the other chamber for consideration. Senate bills must pass the Senate, and House bills must pass the House. Sine Die, or the last day of the session, will be on Tuesday, April 2, 2019.
 HB 185 was introduced by Rep. Bruce Williamson (R), Monroe. This is the Department’s annual housekeeping bill. In regards to banks, language changed is truly clean up in nature. Many of the changes tie back to changes in the bank’s legal lending limit and the definition of statutory capital base that were made in years past. CBA supports this bill and will continue to monitor activity as the bill progresses.
 This week, we completed days eight through 11 of the legislative session. Things are very busy under the Gold Dome. Committee meetings are in full swing and action is being taken on bills. Everyone will keep pushing forward to make sure their bills make progress before crossover day.
Other bills that CBA is tracking: SB 38 was introduced by Sen. William T. Ligon, Jr. (R), Brunswick. The bill received a do pass as amended recommendation by the Senate Judiciary Committee. SB 52 was introduced by Sen. William T. Ligon, Jr. (R), Brunswick. The bill revises, modernizes, corrects errors or omissions as part of the Code Revisions Commissions. Title 7–Banking & Finance has three minor changes made. CBA will monitor this bill. HB 193 was introduced by Rep. Emory Dunahoo (R), Gainesville. The bill would to allow banks and credit unions to offer savings promotion raffle accounts in which deposits to a savings account enter a depositor in a raffle; to provide for definitions; to amend Code Section 16-12-20 of the Official Code of Georgia Annotated, relating to definitions relative to gambling and related offenses, so as to provide for an exception to the definition of "lottery"; to provide for related matters; to repeal conflicting laws; and for other purposes. This bill was introduced two years ago by Sen. David Shafer and was called the prized link savings account. CBA supports this bill.  It isn’t too late to join us next week for our Grass Roots Day at the Dome next Wednesday, February 13, 2019. Our day will begin at 9:45AM in the Rotunda of the Capitol where we will first get a picture with Governor Brian Kemp. Then, we will lobby “on the ropes” with both the House of Representatives and the Senate. CBA has secured a sponsor for our priority bill on municipal deposit legislation. The bill is currently being drafted by legislative counsel and we hope to have an official bill number early next week. Our Day at the Dome is a perfect time to allow CBA members to speak with legislators about the importance of this legislation and what the impact to your bank and community will be. After our time at the Capitol, we will leave for the Georgia Freight Depot for lunch at noon. Governor Brian Kemp along with 45 legislators and other elected officials will join us for our lunch. This will be a great opportunity to make our voices heard on the importance of community banking! We’d love to see you next Wednesday. Click here to register for the event.
 SB 37 was introduced by Sen. William T. Ligon, Jr. (R), Brunswick. The bill is being offered in response to the Georgia Court of Appeals’ recent decision in Crop Production Services, Inc. v. T.E. Moye, wherein the Court of Appeals ruled that the Statute of Frauds, a law requiring that certain agreements be evidenced by a signed writing and not solely oral communications, did not apply to the cancellation of a guaranty. While the statute of frauds is a rather technical legal doctrine, the Moye decision overturned prior case law which held that cancellations and modifications of documents subject to the Statute of Frauds must also be in writing. SB 37 is a simple and straightforward piece of legislation intended to codify the prevailing law prior to the Moye decision.
 This week, Rep. Chuck Efstration (R), Dacula, introduced HB 70. The bill revises the provisions relating to guardians and conservators of minors and adults. CBA and James-Bates-Brannan-Groover-LLP are reviewing the bill to determine what, if any, impact will be to our community banks, especially to the access of digital access to accounts. CBA will monitor this bill.
 House Committee Assignments were finally posted. There were a number of changes in Chairmanship positions due to the election results. Rep. Greg Morris (R), Vidalia, remains the Chairman of Banks & Banking while Rep. Jason Ridley (R), Chatsworth, was named as the new Vice Chairman. The House Banks & Banking Committee gained four new committee members: Rep. Erick Allen (D), Smyrna; Rep. Beth Moore (D), Peachtree Corners; Rep. Clay Pirkle (R), Ashburn; and, Rep. Dale Washburn (R), Macon.
A few of the changes to Committees that CBA frequently monitors include the following:
There were many other changes made in both committee chairmanship, vice chairmanship, or committee members for all committees. We will continue to monitor committee meetings for any potential issues that may arise during the session. In fact, we may find ourselves monitoring committees that we have not historically closely monitored if a bill is assigned to that respective committee.  Last week, the Legislature was in recess all week; however, members were working all week on upcoming bills and attending budget hearings. This week, we completed days five through seven even with the predicted snow event on Tuesday. The House did convene in the afternoon of Day 6 though the Senate was not in session. Committee meetings began, but most of the meetings were formalities such as setting rules and introducing new members. Next week, committee meetings should begin focusing on reviewing/approving proposed bills.
Other bills that CBA is tracking: HB 5 was introduced by Rep. Park Cannon (D), Atlanta. The bill would prohibit an employer from relying upon salary history information when making certain decisions about an applicant during the hiring process CBA will monitor this bill. HB 42 was introduced by Rep. Scot Turner (R), Holly Springs. The bill would prohibit the professional licensing board from refusing to issue a license or suspending or revoking the license of a person who is in default of a student loan. CBA will monitor this bill. HB 81 was introduced by Rep. Todd Jones (R), South Forsyth. The bill would prohibit certain restrictive covenants regarding information technology employees. CBA will monitor this bill. SB 38 was introduced by Sen. William T. Ligon, Jr. (R), Brunswick. The bill deals with excluding certain types of filings from the electronic filing requirements of superior and state courts. The bill would allow individuals who are not attorneys to file such pleadings and documents in paper form. CBA will monitor this bill. HB 116 will be introduced by Rep. Dewey McClain (D), Lawrenceville. The bill would increase the minimum wage rate from $5.15 to $15.00. CBA will monitor this bill.  On January 30, Congressman Loudermilk sent the attached letter to the White House regarding upcoming nominations to the FDIC Board of Directors. Congress amended the Federal Deposit Insurance Act in 1996 to require that at least one of the three independent members of the FDIC Board have experience as a state bank regulator. However, there has not been such a person on the FDIC Board since 2012. There are currently two seats open on the FDIC Board, and according to recent news reports, Senators have recommended two potential nominees to the White House- but neither of them fulfill the state bank regulation experience requirement. The letter asks the White House to ensure that at least one of its upcoming nominees to the FDIC Board has experience as a state bank regulator as required by federal law. The letter was cosigned by 14 other bipartisan members of the Financial Services Committee: Reps. Denny Heck (D-WA), Peter King (R-NY), Jim Himes (D-CT), Frank Lucas (R-OK), Steve Stivers (R-OH), Scott Tipton (R-CO), Tom Emmer (R-MN), Lee Zeldin (R-NY), Alex Mooney (R-WV), Ted Budd (R-NC), David Kustoff (R-TN), Trey Hollingsworth (R-IN), John Rose (R-TN), and Denver Riggleman (R-VA).
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Lori Godfrey
EVP, Chief of Staff, Government & Regulatory Relations 
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