Legislature(1997 - 1998)
04/23/1997 01:10 PM House TRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE TRANSPORTATION STANDING COMMITTEE
April 23, 1997
1:10 p.m.
MEMBERS PRESENT
Representative Bill Williams, Chairman
Representative Beverly Masek, Vice Chairman
Representative John Cowdery
Representative Bill Hudson
Representative Jerry Sanders
Representative Kim Elton
Representative Al Kookesh
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
*HOUSE BILL NO. 246
"An Act naming the George W. Palmer Memorial Bridge."
- MOVED HB 246 OUT OF COMMITTEE
*HOUSE BILL NO. 222
"An Act relating to abandoned, wrecked, or junk vehicles."
-MOVED CSHB 222(TRA) OUT OF COMMITTEE
*HOUSE BILL NO. 175
"An Act relating to issuance of motor vehicle registrations and
titles, and to licenses and permits to operate a motor vehicle."
-HEARD AND HELD
(* First public hearing)
PREVIOUS ACTION
BILL: HB 246
SHORT TITLE: GEORGE W. PALMER MEMORIAL BRIDGE
SPONSOR(S): REPRESENTATIVE(S) OGAN, Kohring
JRN-DATE JRN-PG ACTION
04/10/97 1061 (H) READ THE FIRST TIME - REFERRAL(S)
04/10/97 1061 (H) TRANSPORTATION
04/23/97 (H) TRA AT 1:00 PM CAPITOL 17
BILL: HB 222
SHORT TITLE: ABANDONED,WRECKED,OR JUNK VEHICLES
SPONSOR(S): REPRESENTATIVE(S) ROKEBERG
JRN-DATE JRN-PG ACTION
04/01/97 900 (H) READ THE FIRST TIME - REFERRAL(S)
04/01/97 900 (H) TRANSPORTATION, L&C
04/23/97 (H) TRA AT 1:00 PM CAPITOL 17
BILL: HB 175
SHORT TITLE: PRIVATE MOTOR VEHICLE LICENSING/TESTING
SPONSOR(S): REPRESENTATIVE(S) VEZEY
JRN-DATE JRN-PG ACTION
03/06/97 557 (H) READ THE FIRST TIME - REFERRAL(S)
03/06/97 557 (H) TRANSPORTATION, JUDICIARY
04/23/97 (H) TRA AT 1:00 PM CAPITOL 17
WITNESS REGISTER
SANDRA YOCOM, Researcher to Representative Scott Ogan
Alaska State Legislature
Capitol Building, Room 128
Juneau, Alaska 99801
Telephone: (907) 465-3878
POSITION STATEMENT: Provided sponsor testimony on HB 246.
BARBARA LACHER, Mayor
City of Matanuska
350 East Dahlia Avenue
Palmer, Alaska 99645
Telephone: (907) 745-4801
POSITION STATEMENT: Testified in favor of 246.
JUSTIN KAUCIC
HC01 Box 6031
Palmer, Alaska 99645
Telephone: (907) 745-2554
POSITION STATEMENT: Testified in favor of HB 246.
CHUCK KAUCIC
HC01 Box 6031
Palmer, Alaska 99645
Telephone: (907) 745-2554
POSITION STATEMENT: Testified in favor of HB 246.
REPRESENTATIVE NORMAN ROKEBERG
Alaska State Legislature
Capitol Building, Room 24
Juneau, Alaska 99801
Telephone: (907) 465-4954
POSITION STATEMENT: Provided sponsor testimony on HB 222.
JUANITA HENSLEY, Chief
Driver Services
Division of Motor Vehicles
P.O. Box 20020
Juneau, Alaska 99811
Telephone: (907) 465-4361
POSITION STATEMENT: Testified on HB 222 and HB 175.
DAN LOWDEN, Lieutenant
Alaska State Troopers
5700 East Tudor Road
Anchorage, Alaska 99507
Telephone: (907) 269-5912
POSITION STATEMENT: Testified on HB 222.
EVERETT MABRY, Manager
Street Maintenance
Municipality of Anchorage
3500 East Tudor Road
Anchorage, Alaska 99801
Telephone: (907) 343-8249
POSITION STATEMENT: Testified in favor of HB 222.
SHEILA LOWELL
Alaska Tow Truck Association
220 East International Road
Anchorage, Alaska 99518
Telephone: (907) 344-5540
POSITION STATEMENT: Testified on HB 222.
STEVE SCHWEPPEE, Attorney
City of Ketchikan
334 Front Street
Ketchikan, Alaska 99901
Telephone: (907) 228-5611
POSITION STATEMENT: Testified on HB 222.
ACTION NARRATIVE
TAPE 97-23, SIDE A
Number 001
CHAIRMAN BILL WILLIAMS called the House Transportation Standing
Committee to order at 1:10 p.m. Members present at the call to
order were Representatives Williams, Masek, Cowdery and Hudson.
Representative Elton arrived at 1:12 p.m., Representative Sanders
arrived at 1:15 p.m. and Representative Kookesh arrived at 1:22.
HB 246 - GEORGE W. PALMER MEMORIAL BRIDGE
Number 056
CHAIRMAN WILLIAMS announced that the committee would hear HB 246,
"An Act naming the George W. Palmer Memorial Bridge."
Number 104
SANDRA YOCOM, Researcher to Representative Scott Ogan, stated that
there is a new bridge construction occurring across the Matanuska
River, outside of Palmer. Justin Kaucic, with Boy Scott Troop 325,
of Palmer is spearheading the effort to name the bridge the George
W. Palmer Memorial Bridge. She stated that the city of Palmer and
the Matanuska-Susitna Borough are in favor of this naming of the
bridge. She stated that George W. Palmer arrived in Alaska in
1875, operating a trading post on the Matanuska River Bridge. She
stated that he used tin-lined boxes to protect the supplies from
bugs and weather along the river. He is remembered as a
resourceful and industrious Alaskan pioneer. He died in 1935 and
in 1951 when the city incorporated, it chose the name of Palmer to
reflect his independence and industriousness. The Matanuska-
Susitna Valley government and residents seek to extend this
remembrance to include the new bridge being built near his old
trading post site.
Number 348
BARBARA LACHER, Mayor, City of Matanuska, testified via
teleconference from Palmer, that the Matanuska Borough is
unanimously in support of naming the bridge, the George W. Palmer
Memorial Bridge.
Number 495
JUSTIN KAUCIC, testified via teleconference from Matsu, that the
George W. Palmer Memorial Bridge is a very good name for this
bridge.
CHAIRMAN WILLIAMS asked how old he is and how he came up with the
name.
MR. KAUCIC replied that he is eleven years old and he came up with
the name because George W. Palmer operated the trading post where
the bridge site is.
Number 542
REPRESENTATIVE BEVERLY MASEK thanked Mr. Kaucic for all his effort
and involvement.
REPRESENTATIVE BILL HUDSON thanked Mr. Kaucic and stated that he
appreciated young people taking on civic responsibilities.
Number 644
CHUCK KAUCIC, testified via teleconferce from Matsu, that this is
a wonderful opportunity to interpret Alaskan history.
Number 728
REPRESENTATIVE MASEK made a motion to move HB 246, with individual
recommendations and attached zero fiscal note.
Number 761
CHAIRMAN WILLIAMS asked if there were any objections, hearing none
HB 246 was moved out of the House Transportation Standing
Committee.
HB 222 - ABANDONED,WRECKED,OR JUNK VEHICLES
Number 783
CHAIRMAN WILLIAMS announced the next order of business to be HB
222, "An Act relating to abandoned, wrecked, or junk vehicles", and
asked Representative Rokeberg, sponsor, to present the bill.
REPRESENTATIVE NORMAN ROKEBERG stated that the HB 222 would give
local governments more tools to work with when impounding and
disposing of wrecked or junk vehicles. The number of vehicles
abandoned on the streets is a problem for local governments. He
stated that these vehicles, besides being an eyesore, are a public
safety and health hazard to the citizens of the state of Alaska.
Usually these vehicles are not properly registered and tracing the
owners can be difficult. He stated that it is very expensive for
the government to remove these junk cars. The municipality of
Anchorage has to recover over 1,000 vehicles, costing about
$126,000. He continues that the bill provides for an expedited
removal of junk vehicles from the streets and right-of-ways. The
bill will reduce the holding time and decrease the processing time
for junk vehicles, as well as reduce the number of junk vehicles
which are sold through auction and often re-deposited on the
streets and right-of-ways. He distributed a letter from the Alaska
Municiple League in support of this legislation. He stated that
recommendations have been made by the city attorney in Ketchikan
which generated amendments for the committees consideration.
REPRESENTATIVE ROKEBERG stated that Amendment 1 adds Section 6 to
the bill which would allow local municipalities to generate their
own ordinance for the disposal of the junk vehicles, removing
requirements under existing state statutes, specifically AS
28.05.131. Which would remove the certified mailing notification
which is a detriment to an expeditious removal of these vehicles
that are a threat to public safety.
REPRESENTATIVE ROKEBERG stated that Amendment 2 addressed the
situation of "street mechanics" working on a car using the public
right-of-way for a mechanic shop. He stated that at night they
push the vehicle a couple of feet to avoid the police enforcement.
Therefore, the words "reasonably appears to have" is added to over
come that situation.
REPRESENTATIVE ROKEBERG stated that Amendment 3 deletes "registered
and" on page 3, line 12. He stated that by requiring cars to be
registered and titled for public auction, would impede their
ability to sell.
Number 1288
REPRESENTATIVE HUDSON referred to Amendment 2, page 2, line 5 and
stated that following the word vehicle, the word "that" needs to be
inserted so it will read correctly.
Number 1352
REPRESENTATIVE ROKEBERG stated that he had no objection.
Number 1376
JUANITA HENSLEY, Chief, Driver Services, Division of Motor
Vehicles, wanted to make sure that the Amendment 3 did not conflict
with the sale of the motor vehicles because the new owner could be
required to bring the vehicle up to emissions standards before they
could get the vehicle registered.
Number 1396
REPRESENTATIVE ROKEBERG stated that a person purchasing a vehicle
from an auction would have to register the car and pass the
emissions test.
Number 1416
MS. HENSLEY stated that before a vehicle could be registered in
Anchorage and Fairbanks they have to meet the emission testing
standards. She wondered if this is going to put the burden back on
the person buying the vehicle to maybe make repairs before that
vehicle can be registered. She stated that she doesn't have a
problem with it but wanted to point it out to the committee. She
asked if Representative Rokeberg had a chance to discuss this with
the Department of Environmental Conservation.
Number 1491
REPRESENTATIVE ROKEBERG stated that it has not been discussed with
the department and the test is required before the vehicle can be
registered.
Number 1523
REPRESENTATIVE JERRY SANDERS asked if there is a mechanism to tell
the buyer so they are aware before they purchase the vehicle that
it needs to have an emissions test. He wondered how this would
affect young people who thought they were getting a good deal only
to find out that it will cost an extra $1200 to get the vehicle
operable.
Number 1556
REPRESENTATIVE ROKEBERG stated that he did not know, it might
require an additional review that could be taken up in the next
committee of referral.
Number 1583
REPRESENTATIVE SANDERS felt that this should be addressed before
the amendment is adopted. He stated that he is not necessarily
against it but it is a question.
REPRESENTATIVE ROKEBERG stated that he would address it in the
House Labor and Commerce Standing Committee.
Number 1597
REPRESENTATIVE JOHN COWDERY stated that there are no guarantees
when buying a vehicle from an auction.
Number 1623
REPRESENTATIVE SANDERS stated that currently public auctions are
not allowed to sell a car that is not registered.
Number 1635
REPRESENTATIVE COWDERY stated that a lot of the time these vehicles
are bought for parts.
Number 1647
REPRESENTATIVE HUDSON stated that is a policy question of either
having it be the municipalities responsibility to deal with the
emissions standards test and registration or it being the buyers
responsibility. He stated that municipality has already put funds
into removing the vehicles off the streets and basically it would
be the buyer beware. He stated the question is whether the
municipalities are taken off the hook by adopting the amendment.
Number 1706
REPRESENTATIVE COWDERY stated that usually the cars that are picked
up do not have engines in them, they are usually stripped out and
pushed into the street for disposal.
Number 1623
REPRESENTATIVE SANDERS stated that he would not have a problem with
taking this burden off of the municipality and putting it on to the
purchaser, his argument is to make sure that the purchaser is made
aware of this before the vehicle, that it is not registered, is
purchased. Especially since it has been a law that the vehicles
had to be registered and titled, otherwise some people are going to
be hurt financially.
Number 1760
REPRESENTATIVE ROKEBERG stated that Amendment 3 was at the
recommendation of the towing companies and auctioneers, not the
municipality. He stated that they have not had a chance to look
into it but it does make sense at this early stage.
Number 1810
DAN LOWDEN, Lieutenant, Alaska State Troopers, testified via
teleconference from Anchorage, that the bill does have some very
positive aspects that will assist him in removing the vehicles.
Number 1846
EVERETT MABRY, Manager, Street Maintenance, Municipality of
Anchorage, testified via teleconference from Anchorage, that the
municipality strongly supports the bill. He stated that it will
allow the junk cars to be cleaned off the streets and be disposed
of more efficiently.
Number 1897
REPRESENTATIVE COWDERY asked Mr. Mabry to explain the problem with
the abandoned cars in the winter time.
Number 1908
MR. MABRY stated that abandoned cars in the winter time present
tremendous problems when trying to plow the streets. He stated
that it is not uncommon to run in the vehicles because they are
disguised by the heavy snow coverage.
Number 1953
REPRESENTATIVE HUDSON asked what is done with the expense of
removing the junk vehicles and if the expense is assessed to the
owners.
Number 1974
MR. MABRY replied that if they can locate the owners they will be
assessed, but they have a difficult time in determining the
ownership of the vehicle.
Number 1991
REPRESENTATIVE SANDERS asked how the municipality's clean sweep
program is progressing and what effect this bill would have on it.
Number 2047
MR. MABRY replied that the program is also for junk vehicles on
private property not just on public right-of-way. It does help to
identify many junk vehicles and expedites their removal. He stated
that this bill would not really effect the program. It allows the
municipality to get the cars off of the streets quicker.
SHEILA LOWELL, Alaska Tow Truck Association, testified via
teleconference from Anchorage, that the association thinks this
bill will make it easier to dispose of the vehicles. She stated
that the towing industry sells the cars to recover the cost since
they do not receive federal funding. She stated that they would
like the registration requirement to be deleted.
Number 2105
STEVE SCHWEPPEE, Attorney, City of Ketchikan, testified via
teleconference from Ketchikan, that Amendment 1 would change the
notice requirements for abandoned vehicles. He stated that the
statutory procedure stated that the owner had to be notified by
certified mail, which can take up to a month. He stated that they
would like to have the flexibility to establish their own
procedures.
Number 2225
REPRESENTATIVE ROKEBERG asked Mr. Schweppee to address Amendment 2
regarding the reasonableness of the removals.
Number 2213
MR. SCHWEPPEE replied that there are a lot of side walk mechanics
in Ketchikan and as a result, the ordinance on abandoned vehicles
has been amended to read, that a vehicle is abandoned if it
reasonably appears to have been unattended for 48 hours.
Number 2352
REPRESENTATIVE KIM ELTON stated that he is confused with Amendment
2 and feels that it just redefines the standard for the word "has"
and he does not see how it addresses the in excess of 48 hours
problem.
MR. SCHWEPPEE stated that by stating it reasonably appears to have
been left unattended, would address the problem of someone pushing
the vehicle two feet to claim that they have moved it.
REPRESENTATIVE ELTON stated that the problem is the 48 hour
requirement and the language of "left unattended, standing or
parked." If the definition of standing is that it can't be moved
two feet then it would not need to be changed to "reasonable
appears to have been".
Number 2384
MR. SCHWEPPEE stated that he has had cases where a person testifies
that they pushed the car every 48 hours a foot or so. He stated
that they have changed their ordinance to read reasonable appears
to have been left unattended, standing or parked." He stated that
even though the vehicle had been moved a foot or two, it was still
reasonably abandoned. The word reasonably adds some flexibility.
Number 2446
REPRESENTATIVE HUDSON stated that the amendment does give the
judgement to the officers and those who are dealing with the
vehicle.
Number 2469
CHAIRMAN WILLIAMS stated that the committee has not formerly
accepted the amendments for discussion purposes.
TAPE 97-23, SIDE B
Number 008
REPRESENTATIVE HUDSON moved Amendment 1, 2 and 3, for adoption.
Number 063
CHAIRMAN WILLIAMS asked if there were any objections, hearing none
it was so ordered.
Number 075
REPRESENTATIVE HUDSON moved to adopt his amendment to insert on
line 10 the word "that" to Amendment 2.
Number 089
CHAIRMAN WILLIAMS asked if there was an objection, hearing none it
was so ordered.
Number 094
REPRESENTATIVE HUDSON make a motion to move CSHB 222(TRA) as
amended, with individual recommendations, zero fiscal note and
asked unanimous consent.
Number 102
CHAIRMAN WILLIAMS asked if there were any objections, hearing none,
CSHB 222(TRA) was moved out of the House Transportation Committee.
HB 175 - PRIVATE MOTOR VEHICLE LICENSING/TESTING
Number 118
CHAIRMAN WILLIAMS announced the committee would take up HB 175, "An
Act relating to issuance of motor vehicle registrations and titles,
and to licenses and permits to operate a motor vehicle."
Number 170
CHAIRMAN WILLIAMS called for a brief at ease at 2:00 p.m.
Number 170
CHAIRMAN WILLIAMS called the meeting back to order at 2:04 p.m.
Number 175
REPRESENTATIVE AL VEZEY stated this bill would be a move towards
the privatizing of motor vehicle services. He had been to a
symposium by the American Association of Motor Vehicle
Administrators, on the subject of privatization and passed out
their survey. He stated that the majority of states are moving
towards the direction of privatization although there are different
degrees to the level of privatization. He stated that most
jurisdictions agree that the most difficult part to implementing a
privatization program was the resistance from the state employees.
He stated that the consensus of experience seems to be that out-
sourcing was successfully implemented when the jobs of the public
employees were reasonably addressed, in that they did not lose
their jobs. New Jersey had the greatest problems in that toll
collectors were making $65,000 a year. He stated that Alberta and
Arizona found employment for all its employees after the
privatization. He stated that Massachusetts is moving towards out-
sourcing, the lines at the Department of Motor Vehicles are so bad
that an industry of professional line men have formed, to wait in
line.
Number 381
REPRESENTATIVE VEZEY stated that there is a technical amendment
which is to change the Department of Public Safety to the
Department of Administration. He stated that the administration
has full authority within the confines of existing contracts to
out-source the Department of Motor Vehicle services. He stated
that car dealers are excited about this prospect, however, their
employees are virtually unilaterally opposed to it. He stated that
the employees see this as more work without additional pay. He
stated that this really isn't the case. The incentive for this is
coming from the top and not from the employees of the car dealers.
He stated that there is a natural resistance from the public
employees as they feel threatened that they are going to lose their
jobs, and it is the role of the legislature to allay those
concerns.
Number 528
REPRESENTATIVE COWDERY asked if the same amount of revenue that
goes to the state or to the Department of Motor Vehicles will go to
privatization.
Number 539
REPRESENTATIVE VEZEY replied the Department of Motor Vehicles would
not have as many expenses in collecting it but the fees are
identical, there are no cuts taken by the vendor. He stated that
this varies across the states, most do not structure how much their
vendors can charge for services. He stated that the charges range
from a five dollar charge to a forty dollar charge.
Number 573
REPRESENTATIVE COWDERY asked if this would allow more remote areas
to receive more service.
Number 586
REPRESENTATIVE VEZEY replied that the jurisdiction that has lead
the country in this area is Saskatchewan, which is a big providence
with a small population that has not been able to provide this
service with government officers. He stated that they have 226
vendors who provide this service.
Number 607
REPRESENTATIVE COWDERY asked if it would diminish the quality of
the driver's license test.
Number 617
REPRESENTATIVE VEZEY replied that no standards would change and the
Department of Motor Vehicles would maintain a quality assurance
responsibility.
Number 628
REPRESENTATIVE COWDERY asked if anyone could get a free notary
service as most state offices offer a free notary service.
Number 667
REPRESENTATIVE VEZEY replied that many vendors will do this as a
customer service and some will do it as a business for a profit.
He stated that most have a set fee that vendors can charge, however
some of the bigger programs don't regulate it at all.
Number 686
REPRESENTATIVE ELTON stated that he does not understand why there
needs to be the contract language with the third party vendor
involved. He stated that the state can sometimes be defined as a
single entity but having the contract in law assumes the need of
every person who wants to be a third party vendor is exactly the
same. He felt that this assumption should not be made.
Number 723
REPRESENTATIVE VEZEY replied that this does not have to be done,
but the administration is not taking the lead so as a legislative
body we are pushing the administrative branch of government to do
business in a different way. He stated that the contract does have
flexibility although it is more rigid than the Department of Motor
Vehicles would like. He stated that it is an equitable contract
that grants rights to the vendors and to the Department of Motor
Vehicles. He stated that the Department of Motor Vehicles insisted
that the legislature narrow the department's authority to terminate
a contract with the vendor.
Number 770
REPRESENTATIVE ELTON stated that the provision of the contract
provides that either party can get out of the contract with a 60-
day notice to the other. He asked what happens if a third party
vender wants to negotiate a 45-day notice, then the legislation
would have to be amended.
Number 792
REPRESENTATIVE VEZEY replied that whenever two parties agree
mutually they can do as they chose.
Number 810
REPRESENTATIVE MASEK asked why the amendment is being changed from
the Department of Public Safety to the Department of
Administration.
Number 830
REPRESENTATIVE VEZEY replied that Executive Order 98 went into
effect in April.
Number 857
MS. HENSLEY stated that the department has had third party
contractors for 60 years. She stated that there are 13
commissioned agents in various locations, they are paid on a
transaction based commission. She stated that the program has been
expanded to where the state does not have to pay some of the
contracted third party contractors, such as the tour bus and school
bus contractors. She stated that there are two car dealers that
have come on line with the department to do their own titling. She
stated that these are simple transactions that have been out-
sourced. She stated that in Fairbanks and Anchorage, the
Department has offered the emission testing stations to be
contracted out to do registration renewal. This does not cost the
department anything as the third party is required to pay the up
front cost. Last year 81,000 renewal registrations where processed
this way. The department is looking at having the simple
transactions out-sourced. The department is currently giving the
public both options of vendors and the department.
Number 1235
MS. HENSLEY stated that the division would like more control
because of the audit functions but at the same time do not want a
rigid contract in statute and need the flexibility to take an
agreement back at any time, in the case of violations. She stated
that the department feels they have that. She stated that she is
the chair of the International Working Group to study this
privatization and referred to the results of the survey. She
thought the division needs to work with the legislature more on
this bill.
Number 1240
REPRESENTATIVE COWDERY asked what is the largest use of the
department by the public.
Number 1252
MS. HENSLEY replied that 63 percent of the public participates in
the mail registration program. She stated that the title
transactions and the issuance of drivers' licenses require the
public to come into the office.
Number 1383
REPRESENTATIVE ELTON asked if a third party contractor is in
violation the department would not be able to cancel the contract
unless given the 60 day notice.
Number 1413
MS. HENSLEY replied that there is a provision in the statute that
the department could take action and there would be a due process
period. She stated that the third party would remit the fees to
the state every 30-days whereas, the department makes deposits on
a daily basis.
Number 1468
REPRESENTATIVE ELTON stated that it is his understanding that
Alaska can privatize at any time and the department does not need
this bill to accomplish this.
MS. HENSLEY replied that is correct.
Number 1508
REPRESENTATIVE COWDERY asked if his understanding was correct that
the private contracts that are in existence have not reduced the
number of employees employed by the department.
Number 1535
MS. HENSLEY replied that the department has not reduced the number
of employees as a result of the third party contracts. She stated
that the division can not handle the work load as it is. She
stated that people are paying for services that the Department of
Motor Vehicles is not allowed to give them. She stated that they
bring in $37 million dollars but their budget is $8.1 million.
Number 1615
REPRESENTATIVE COWDERY made a motion to accept Amendment 1.
Number 1621
CHAIRMAN WILLIAMS asked if there was an objection, hearing none it
was so ordered.
CHAIRMAN WILLIAMS stated that it was his intention to put this bill
into a subcommittee with Representative Cowdery as chair, with
Representative Hudson and Representative Elton. He asked
Representative Cowdery to keep his office informed as to when the
meeting is held.
ADJOURNMENT
Number 1663
CHAIRMAN WILLIAMS adjourned the House Transportation Standing
Committee at 2:35 p.m.
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