Legislature(2015 - 2016)BILL RAY CENTER 230

06/06/2016 02:00 PM CONFERENCE COMMITTEE ON HB247

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Audio Topic
02:04:09 PM Start
02:04:39 PM HB247
02:13:39 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
= HB 247 TAX;CREDITS;INTEREST;REFUNDS;O & G
Moved CCS HB 247 Out of Committee
-- Testimony <Invitation Only> --
                 29TH ALASKA STATE LEGISLATURE                                                                                
                 CONFERENCE COMMITTEE ON HB247                                                                                
                        Bill Ray Center                                                                                         
                         Juneau, Alaska                                                                                         
                          June 6, 2016                                                                                          
                           2:04 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative David Talerico, Chair                                                                                            
Representative Kurt Olson                                                                                                       
Representative Geran Tarr                                                                                                       
                                                                                                                                
Senator Cathy Giessel, Chair                                                                                                    
Senator John Coghill                                                                                                            
Senator Peter Micciche                                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
HOUSE BILL NO. 247                                                                                                              
"An Act  relating to confidential  information status  and public                                                               
record status of information in  the possession of the Department                                                               
of Revenue;  relating to interest  applicable to  delinquent tax;                                                               
relating  to disclosure  of  oil and  gas  production tax  credit                                                               
information;  relating to  refunds for  the gas  storage facility                                                               
tax  credit,  the  liquefied natural  gas  storage  facility  tax                                                               
credit, and  the qualified  in-state oil  refinery infrastructure                                                               
expenditures tax credit; relating to  the minimum tax for certain                                                               
oil and gas  production; relating to the  minimum tax calculation                                                               
for monthly  installment payments  of estimated tax;  relating to                                                               
interest  on  monthly  installment  payments  of  estimated  tax;                                                               
relating  to  limitations for  the  application  of tax  credits;                                                               
relating  to  oil and  gas  production  tax credits  for  certain                                                               
losses   and   expenditures;    relating   to   limitations   for                                                               
nontransferable oil and  gas production tax credits  based on oil                                                               
production  and  the  alternative  tax credit  for  oil  and  gas                                                               
exploration;  relating to  purchase  of  tax credit  certificates                                                               
from the oil  and gas tax credit fund; relating  to a minimum for                                                               
gross  value  at  the  point of  production;  relating  to  lease                                                               
expenditures  and tax  credits for  municipal entities;  adding a                                                               
definition   for  "qualified   capital  expenditure";   adding  a                                                               
definition for  "outstanding liability  to the  state"; repealing                                                               
oil  and   gas  exploration  incentive  credits;   repealing  the                                                               
limitation on  the application of  credits against  tax liability                                                               
for  lease   expenditures  incurred   before  January   1,  2011;                                                               
repealing provisions related to  the monthly installment payments                                                               
for  estimated tax  for oil  and gas  produced before  January 1,                                                               
2014;  repealing  the  oil  and gas  production  tax  credit  for                                                               
qualified  capital expenditures  and  certain well  expenditures;                                                               
repealing   the  calculation   for  certain   lease  expenditures                                                               
applicable before January 1,  2011; making conforming amendments;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
     - MOVED CCS HB 247 OUT OF COMMITTEE                                                                                        
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 247                                                                                                                  
SHORT TITLE: TAX;CREDITS;INTEREST;REFUNDS;O & G                                                                                 
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/19/16       (H)       READ THE FIRST TIME - REFERRALS                                                                        

01/19/16 (H) RES, FIN 02/03/16 (H) RES AT 1:00 PM BARNES 124 02/03/16 (H) Heard & Held 02/03/16 (H) MINUTE(RES) 02/05/16 (H) RES AT 1:00 PM BARNES 124 02/05/16 (H) -- MEETING CANCELED -- 02/10/16 (H) RES AT 1:00 PM BARNES 124 02/10/16 (H) Heard & Held 02/10/16 (H) MINUTE(RES) 02/12/16 (H) RES AT 1:00 PM BARNES 124 02/12/16 (H) Heard & Held 02/12/16 (H) MINUTE(RES) 02/13/16 (H) RES AT 1:00 PM BARNES 124 02/13/16 (H) -- MEETING CANCELED -- 02/22/16 (H) RES AT 1:00 PM BARNES 124 02/22/16 (H) Heard & Held 02/22/16 (H) MINUTE(RES) 02/24/16 (H) RES AT 1:00 PM BARNES 124 02/24/16 (H) Heard & Held 02/24/16 (H) MINUTE(RES) 02/25/16 (H) RES AT 8:30 AM BARNES 124 02/25/16 (H) Heard & Held 02/25/16 (H) MINUTE(RES) 02/25/16 (H) RES AT 1:00 PM BARNES 124 02/25/16 (H) Heard & Held 02/25/16 (H) MINUTE(RES) 02/26/16 (H) RES AT 1:00 PM BARNES 124 02/26/16 (H) Heard & Held 02/26/16 (H) MINUTE(RES) 02/27/16 (H) RES AT 10:00 AM BARNES 124 02/27/16 (H) Heard & Held 02/27/16 (H) MINUTE(RES) 02/29/16 (H) RES AT 1:00 PM BARNES 124 02/29/16 (H) Heard & Held 02/29/16 (H) MINUTE(RES) 02/29/16 (H) RES AT 6:00 PM BARNES 124 02/29/16 (H) Heard & Held 02/29/16 (H) MINUTE(RES) 03/01/16 (H) RES AT 1:00 PM BARNES 124 03/01/16 (H) Heard & Held 03/01/16 (H) MINUTE(RES) 03/02/16 (H) RES AT 1:00 PM BARNES 124 03/02/16 (H) Heard & Held 03/02/16 (H) MINUTE(RES) 03/02/16 (H) RES AT 6:00 PM BARNES 124 03/02/16 (H) Heard & Held 03/02/16 (H) MINUTE(RES) 03/07/16 (H) RES AT 1:00 PM BARNES 124 03/07/16 (H) Heard & Held 03/07/16 (H) MINUTE(RES) 03/07/16 (H) RES AT 6:00 PM BARNES 124 03/07/16 (H) Heard & Held 03/07/16 (H) MINUTE(RES) 03/08/16 (H) RES AT 1:00 PM BARNES 124 03/08/16 (H) Heard & Held 03/08/16 (H) MINUTE(RES) 03/09/16 (H) RES AT 1:00 PM BARNES 124 03/09/16 (H) Heard & Held 03/09/16 (H) MINUTE(RES) 03/11/16 (H) RES AT 1:00 PM BARNES 124 03/11/16 (H) -- MEETING CANCELED -- 03/14/16 (H) RES AT 1:00 PM BARNES 124 03/14/16 (H) Heard & Held 03/14/16 (H) MINUTE(RES) 03/14/16 (H) RES AT 6:00 PM BARNES 124 03/14/16 (H) Heard & Held 03/14/16 (H) MINUTE(RES) 03/16/16 (H) RES AT 1:00 PM BARNES 124 03/16/16 (H) Scheduled but Not Heard 03/18/16 (H) RES AT 1:00 PM BARNES 124 03/18/16 (H) Scheduled but Not Heard 03/19/16 (H) RES AT 1:00 PM BARNES 124 03/19/16 (H) Heard & Held 03/19/16 (H) MINUTE(RES) 03/21/16 (H) RES AT 1:00 PM BARNES 124 03/21/16 (H) Heard & Held 03/21/16 (H) MINUTE(RES) 03/21/16 (H) RES AT 6:00 PM BARNES 124 03/21/16 (H) -- MEETING CANCELED -- 03/22/16 (H) RES AT 1:00 PM BARNES 124 03/22/16 (H) Heard & Held 03/22/16 (H) MINUTE(RES) 03/22/16 (H) RES AT 6:00 PM BARNES 124 03/22/16 (H) Moved CSHB 247(RES) Out of Committee 03/22/16 (H) MINUTE(RES) 03/23/16 (H) RES RPT CS(RES) NT 5DP 1DNP 1NR 2AM 03/23/16 (H) DP: CHENAULT, OLSON, JOHNSON, NAGEAK, TALERICO 03/23/16 (H) DNP: TARR 03/23/16 (H) NR: HERRON 03/23/16 (H) AM: SEATON, JOSEPHSON 03/23/16 (H) RES AT 1:00 PM BARNES 124 03/23/16 (H) <Bill Hearing Canceled> 03/24/16 (H) FIN AT 9:30 AM HOUSE FINANCE 519 03/24/16 (H) Heard & Held 03/24/16 (H) MINUTE(FIN) 03/25/16 (H) RES AT 1:00 PM BARNES 124 03/25/16 (H) <Bill Hearing Canceled> 03/31/16 (H) FIN AT 1:30 PM HOUSE FINANCE 519 03/31/16 (H) Heard & Held 03/31/16 (H) MINUTE(FIN) 03/31/16 (H) FIN AT 5:00 PM HOUSE FINANCE 519 03/31/16 (H) Heard & Held 03/31/16 (H) MINUTE(FIN) 04/01/16 (H) FIN AT 1:30 PM HOUSE FINANCE 519 04/01/16 (H) Heard & Held 04/01/16 (H) MINUTE(FIN) 04/01/16 (H) FIN AT 5:00 PM HOUSE FINANCE 519 04/01/16 (H) Heard & Held 04/01/16 (H) MINUTE(FIN) 04/02/16 (H) FIN AT 8:30 AM HOUSE FINANCE 519 04/02/16 (H) -- Continued from 4/1/16 -- 04/02/16 (H) FIN AT 2:00 PM HOUSE FINANCE 519 04/02/16 (H) -- Public Testimony -- 04/04/16 (H) FIN AT 8:30 AM HOUSE FINANCE 519 04/04/16 (H) Heard & Held 04/04/16 (H) MINUTE(FIN) 04/04/16 (S) RES AT 3:30 PM BUTROVICH 205 04/04/16 (S) <Pending Referral> 04/05/16 (H) FIN AT 8:30 AM HOUSE FINANCE 519 04/05/16 (H) Heard & Held 04/05/16 (H) MINUTE(FIN) 04/05/16 (S) RES AT 3:30 PM BUTROVICH 205 04/05/16 (S) <Pending Referral> -- Invited Testimony Only -- 04/06/16 (H) FIN AT 1:30 PM HOUSE FINANCE 519 04/06/16 (H) Heard & Held 04/06/16 (H) MINUTE(FIN) 04/06/16 (S) RES AT 3:30 PM BUTROVICH 205 04/06/16 (S) <Pending Referral> -- Invited Testimony Only -- 04/07/16 (H) FIN AT 1:30 PM HOUSE FINANCE 519 04/07/16 (H) <Bill Hearing Canceled> 04/07/16 (S) RES AT 3:30 PM BUTROVICH 205 04/07/16 (S) <Pending Referral> --Invited Testimony Only-- 04/08/16 (H) FIN AT 8:30 AM HOUSE FINANCE 519 04/08/16 (H) -- MEETING CANCELED -- 04/08/16 (H) FIN AT 1:30 PM HOUSE FINANCE 519 04/08/16 (H) Moved CSHB 247(FIN) Out of Committee 04/08/16 (H) MINUTE(FIN) 04/08/16 (S) RES AT 3:30 PM BUTROVICH 205 04/08/16 (S) <Pending Referral> --Invited Testimony Only-- 04/09/16 (H) FIN RPT CS(FIN) NT 1DP 4DNP 2NR 4AM 04/09/16 (H) DP: THOMPSON 04/09/16 (H) DNP: PRUITT, WILSON, KAWASAKI, GATTIS 04/09/16 (H) NR: SADDLER, NEUMAN 04/09/16 (H) AM: GARA, GUTTENBERG, EDGMON, MUNOZ 04/09/16 (S) RES AT 9:00 AM BUTROVICH 205 04/09/16 (S) <Pending Referral> --Invited Testimony Only-- 04/09/16 (S) RES AT 2:30 PM BUTROVICH 205 04/09/16 (S) <Pending Referral> --Invited Testimony Only-- 04/11/16 (S) RES AT 3:30 PM BUTROVICH 205 04/11/16 (S) <Pending Referral> -- Invited Testimony Only -- 04/13/16 (H) BEFORE HOUSE IN THIRD READING 04/13/16 (H) RETURNED TO RLS COMMITTEE 04/13/16 (S) FIN AT 1:30 PM SENATE FINANCE 532 04/13/16 (S) <Pending Referral> Invited Testimony 04/13/16 (S) FIN AT 5:00 PM SENATE FINANCE 532 04/13/16 (S) <Pending Referral> Invited Testimony 04/14/16 (S) FIN AT 8:00 AM SENATE FINANCE 532 04/14/16 (S) <Pending Referral> 04/14/16 (S) FIN AT 1:30 PM SENATE FINANCE 532 04/14/16 (S) <Pending Referral> 04/14/16 (S) FIN AT 5:00 PM SENATE FINANCE 532 04/14/16 (S) <Pending Referral> 04/20/16 (H) RLS AT 2:00 PM GRUENBERG 120 04/20/16 (H) -Postponed to a Call of the Chair on 4/21/16 TBD- 04/21/16 (H) RLS AT 0:00 AM GRUENBERG 120 04/21/16 (H) -Postponed to a Call of the Chair on 4/22/16 TBA- 04/22/16 (H) RLS AT 0:00 AM GRUENBERG 120 04/22/16 (H) -Postponed to a Call of the Chair on 4/23/16 TBA- 04/23/16 (H) RLS AT 0:00 AM GRUENBERG 120 04/23/16 (H) -Postponed to a Call of the Chair on 4/24/16 TBA- 04/24/16 (H) RLS AT 0:00 AM GRUENBERG 120 04/24/16 (H) -Postponed to a Call of the Chair on 4/25/16 TBA- 04/25/16 (H) RLS AT 0:00 AM GRUENBERG 120 04/25/16 (H) -Postponed to a Call of the Chair on 4/26/16 TBA- 04/26/16 (H) RLS AT 0:00 AM GRUENBERG 120 04/26/16 (H) -Postponed to a Call of the Chair on 4/27/16 TBA- 04/27/16 (H) RLS AT 0:00 AM GRUENBERG 120 04/27/16 (H) -Postponed to a Call of the Chair on 4/28/16 TBA- 04/28/16 (H) RLS AT 0:00 AM GRUENBERG 120 04/28/16 (H) -- Meeting Postponed to 5/2/16 -- 05/02/16 (H) RLS AT 9:30 AM BELTZ 105 (TSBldg) 05/02/16 (H) -- Meeting Postponed to 5/3/16 at 9:30 a.m. -- 05/03/16 (H) RLS AT 9:30 AM BELTZ 105 (TSBldg) 05/03/16 (H) -- MEETING CANCELED -- 05/10/16 (H) RLS AT 9:30 AM BILL RAY CENTER 208 05/10/16 (H) Heard & Held 05/10/16 (H) MINUTE(RLS) 05/11/16 (H) RLS AT 9:00 AM BILL RAY CENTER 208 05/11/16 (H) Heard & Held 05/11/16 (H) MINUTE(RLS) 05/12/16 (H) RLS RPT 2D CS(RLS) NT 3DP 2NR 1AM 05/12/16 (H) DP: CHENAULT, OLSON, JOHNSON 05/12/16 (H) NR: HERRON, TUCK 05/12/16 (H) AM: KREISS-TOMKINS 05/12/16 (H) BEFORE HOUSE IN THIRD READING 05/12/16 (H) WITHDRAW AM NOS. 1,13 AS AM, 15, 16, 18 AS AM, & 19 UC 05/12/16 (H) WITHDRAW MOTION ADOPT FIN CS UC 05/12/16 (H) RLS AT 9:30 AM BILL RAY CENTER 208 05/12/16 (H) -- Continued at 9:40 a.m. from 5/11/16 -- 05/13/16 (H) BEFORE HOUSE IN THIRD READING 05/13/16 (H) TRANSMITTED TO (S) 05/13/16 (H) VERSION: 2D CSHB 247(RLS) AM 05/14/16 (S) READ THE FIRST TIME - REFERRALS 05/14/16 (S) FIN 05/14/16 (S) FIN AT 1:30 PM BILL RAY CENTER 230 05/14/16 (S) Heard & Held 05/14/16 (S) MINUTE(FIN) 05/15/16 (S) FIN AT 9:00 AM BILL RAY CENTER 230 05/15/16 (S) Heard & Held 05/15/16 (S) MINUTE(FIN) 05/16/16 (S) FIN AT 2:00 PM BILL RAY CENTER 230 05/16/16 (S) -- MEETING CANCELED -- 05/17/16 (S) FIN RPT SCS 3DP 1NR 3AM NEW TITLE 05/17/16 (S) DP: MACKINNON, HOFFMAN, MICCICHE 05/17/16 (S) NR: KELLY 05/17/16 (S) AM: BISHOP, DUNLEAVY, OLSON 05/17/16 (S) FIN AT 9:00 AM BILL RAY CENTER 230 05/17/16 (S) Moved SCS 2D CSHB 247(FIN) Out of Committee 05/17/16 (S) MINUTE(FIN) 05/18/16 (S) VERSION: SCS 2D CSHB 247(FIN) AM S 05/18/16 (H) CONFERENCE COMMITTEE APPOINTED 05/18/16 (H) TALERICO (CHAIR), OLSON, TARR 05/23/16 (H) FOURTH SPECIAL SESSION BILL 05/23/16 (S) FOURTH SPECIAL SESSION BILL - WITH PASSAGE OF HCR 401 05/24/16 (S) BILL ENGROSSED ON 5/18/16 05/24/16 (S) RECEDE MESSAGE READ AND HELD 05/24/16 (S) TAKEN UP 05/24/16 (S) CONFERENCE COMMITTEE APPOINTED 05/24/16 (S) GIESSEL (CHAIR), COGHILL, MICCICHE 06/06/16 (H) HB247 AT 8:00 AM BILL RAY CENTER 230 06/06/16 (H) Moved CCS HB 247 Out of Committee 06/06/16 (H) HB247 AT 2:00 PM BILL RAY CENTER 230 WITNESS REGISTER No witnesses to report ACTION NARRATIVE 2:04:09 PM CHAIR DAVID TALERICO called the meeting of the Conference Committee on HB 247 to order at 2:04 p.m. Present at the call to order were Representatives Olson, Tarr, and Talerico, and Senators Coghill, Micciche, and Giessel. [Before the committee was CCS HB 247, Version 29-GH2609\AA.A, as amended.] HB 247-TAX;CREDITS;INTEREST;REFUNDS;O & G 2:04:39 PM CHAIR TALERICO announced that the only order of business before the Conference Committee on HB 247 would be 2d CS FOR HOUSE BILL NO. 247(RLS) am, "An Act amending the powers of the board of trustees of the Alaska Retirement Management Board to authorize purchase and sale of transferable tax credit certificates issued in conjunction with the production tax on oil and gas; relating to interest applicable to delinquent tax; relating to the oil and gas production tax, tax payments, and credits; relating to exploration incentive credits; relating to refunds for the gas storage facility tax credit, the liquefied natural gas storage facility tax credit, and the qualified in-state oil refinery infrastructure expenditures tax credit; relating to the confidential information status and public record status of information in the possession of the Department of Revenue; relating to oil and gas lease expenditures and production tax credits for municipal entities; requiring a bond or cash deposit with a business license application for an oil or gas business; establishing a legislative working group to study the fiscal regime and tax structure and rates for oil and gas produced south of 68 degrees North latitude; and providing for an effective date." and SENATE CS FOR 2d CS FOR HOUSE BILL NO. 247(FIN) am S, "An Act relating to the exploration incentive credits; relating to the powers and duties of the Alaska Oil and Gas Conservation Commission; relating to interest applicable to delinquent tax; relating to the oil and gas production tax, tax payments, and credits; relating to tax credit certificates; relating to refunds for the gas storage facility tax credit, the liquefied natural gas storage facility tax credit, and the qualified in-state oil refinery infrastructure expenditures tax credit; relating to oil and gas lease expenditures and production tax credits for municipal entities; requiring a bond or cash deposit with a business license application for an oil or gas business; and providing for an effective date." CHAIR TALERICO stated that the Conference Committee on HB 247 is exempt from committee meeting notice requirements as specified in Uniform Rule 23(g). He informed the committee that at the previous meeting the conference committee approved four amendments; however, Amendment 3, related to local hire, removed language related to repurchase restrictions on companies from the oil and gas tax credit fund, which was not the intent of the committee. In order to adopt the amendment "as presented," the committee will need to rescind its action adopting the conference committee report, request limited powers of free conference, and report out a new [conference] committee substitute. 2:05:14 PM SENATOR GIESSEL moved to rescind the committee's action in reporting CCS HB 247 from committee. There being no objection, it was so ordered. 2:05:38 PM SENATOR GIESSEL moved to request limited powers of free conference [from the presiding officers for the aforementioned specific points of HB 247, regarding local hire and repurchase restrictions], found in Section 35 of the House version and in Section 25 of the Senate version. 2:05:56 PM REPRESENTATIVE TARR informed the committee that [after the conference committee meeting held at 8:11 a.m., 6/6/16], she learned a different provision found in the Senate version of the bill, related to delinquent taxes and interest rates, "could be problematic according to the Department of Revenue." She said the committee may use this opportunity to reconsider that provision as well, if there is interest from committee members. She said she was unsure of the nature of the problem; however, the problem was brought to her attention. [Although not stated on the record, the committee treated the comments by Representative Tarr as an objection to the motion for discussion purposes.] CHAIR TALERICO expressed his belief that the conference committee's limited powers are related to the one particular subject matter [of Amendment 3]. 2:07:10 PM The committee took a brief at ease. 2:07:54 PM REPRESENTATIVE TARR removed her objection. There being no further objection, the motion to request limited powers of free conference was approved. 2:08:13 PM The committee took an at ease from 2:08 p.m. to 2:09 p.m. 2:09:56 PM CHAIR TALERICO described a new conference committee substitute. 2:10:24 PM The committee took a brief at ease. 2:10:54 PM CHAIR TALERICO directed attention to CCS for HB 247, Version 29- GH2609\EE, Nauman, 6/6/16, which includes all of the amendments that passed in the conference committee meeting [held at 8:11 a.m., on 6/6/16], except for Amendment 3. He explained Version EE would adopt the House local hire provisions, as shown on page 22, lines 11-16, which read: (2) must, when allocating available money in the fund under this section, grant a preference, between two applicants, to the applicant with a higher percentage of resident workers in the applicant's workforce, including workers employed by the applicant's direct contractors, in the state in the previous calendar year; in this paragraph, "resident worker" has the meaning given in AS 43.40.092(b): CHAIR TALERICO continued to explain that the CCS leaves the Senate repurchase restrictions intact, as shown on page 22, lines 17-23, which read: (3) must provide for the purchase of the amount equal to the first 50 percent of the credit repurchase limit per person under (e) of this section at a rate of 100 percent of the value of the certificate or portion of the certificate requested to be purchased and the amount equal to the next 50 percent of the credit repurchase limit per person under (e) of this section at a rate of 75 percent of the value of the certificate or portion of the certificate requested to be purchased. 2:11:23 PM SENATOR GIESSEL moved that pursuant to receiving limited powers, the Conference Committee for HB 247 recommends that the House and Senate adopt the CCS for HB 247, Version 29-GH2609\EE. 2:11:41 PM REPRESENTATIVE TARR objected for discussion purposes. She called attention to Section 8, in both the House and Senate versions, and said DOR indicated that the language in the Senate version could be problematic in figuring out the interest rate on delinquent oil and gas taxes. Although she did not have further supporting documents, Representative Tarr suggested the aforementioned provision needs further consideration. 2:12:56 PM A roll call vote was taken. Representatives Olson and Talerico voted in favor of the motion to recommend that the House and Senate adopt CCS for HB 247, Version EE. Representative Tarr voted against it. Senators Coghill, Micciche, and Giessel voted in favor of the motion to recommend that the House and Senate adopt CCS for HB 247, Version EE. Therefore, the motion passed by a vote of 2:1 (House) and 3:0 (Senate). 2:13:39 PM ADJOURNMENT There being no further business before the committee, the meeting of the Conference Committee on HB 247 was adjourned at 2:13 p.m.

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