MINUTES

MONTANA HOUSE OF REPRESENTATIVES 66th LEGISLATURE - REGULAR SESSION

COMMITTEE ON BUSINESS AND LABOR

Call to Order: Chair , on March 27, 2019 at 8:00 A.M., in Room 172 Capitol

ROLL CALL

Members Present:

Rep. Mark Noland, Chair (R) Rep. , Vice Chair (R) Rep. Sharon Stewart Peregoy, Vice Chair (D) Rep. Fred Anderson (R) Rep. (R) Rep. (D) Rep. (R) Rep. Ross H. Fitzgerald (R) Rep. (D) Rep. Bruce Grubbs (R) Rep. Steve Gunderson (R) Rep. Joel G. Krautter (R) Rep. Denley M. Loge (R) Rep. (D) Rep. Christopher Pope (D) Rep. Katie Sullivan (D) Rep. (R)

Members Excused: Rep. Derek J. Harvey (D) Rep. Gordon Pierson Jr (D)

Members Absent: None

Staff Present: Joanne Kauzlarich, Committee Secretary Pat Murdo, Legislative Branch

Audio Committees: These minutes are in outline form only. They provide a list of participants and a record of official action taken by the committee. The link to the audio recording of the meeting is available on the Legislative Branch website.

Committee Business Summary: Hearing & Date Posted: HB 768, 3/26/2019; HB 649, 3/25/2019; HB 653, 3/25/2019; HB 677, 3/25/2019; HB 694, 3/25/2019; HB 710, 3/25/2019; HB 757, 3/25/2019; HB 761, 3/25/2019; HB 762, 3/25/2019; HB 747, 3/26/2019 Executive Action: HB 649, HB 653, HB 677, HB 694, HB 710, HB 725, HB 747, HB 757, HB 761, HB 762, HB 768

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07:56:58 Chair Noland

HEARING ON HB 747

Opening Statement by Sponsor: 08:01:20 Rep. Tom Woods (D), HD 62, opened the hearing on HB 747, Regulating pricing by certain health care facilities.

Proponents' Testimony: 08:07:04 Kris Hansen, Office of Commissioner of Securities and Insurance (CSI)

Opponents' Testimony: 08:10:10 Rich Rasmussen, Montana Hospital Association (MHA) 08:14:55 Frank Cote, Sisters of Charity of Leavenworth (SCL), Providence Health Montana 08:15:27 Bill Warden, Bozeman Health, St. Peter's Health, Shodair Children's Hospital, Kalispell Regional Medical Center (KRMC) 08:15:38 Rep. Harvey joined the meeting. 08:15:50 Aimee Grmoljez, Billings Clinic, Community Medical Center

Informational Testimony: None

Questions from Committee Members and Responses: 08:16:46 Rep. Gunderson 08:17:05 Rich Rasmussen, MHA 08:17:22 Vice Chair Ricci 08:17:39 Rich Rasmussen, MHA 08:17:59 Rep. Fitzgerald 08:18:24 Rich Rasmussen, MHA 08:19:05 Rep. Fitzgerald 08:19:14 Rich Rasmussen, MHA 08:19:53 Chair Noland 08:19:57 Rich Rasmussen, MHA 08:19:59 Chair Noland

Closing by Sponsor: 08:20:11 Rep. Woods

HEARING ON HB 757

Opening Statement by Sponsor: 08:24:18 Rep. Derek Harvey (D), HD 74, opened the hearing on HB 757, Generally revise workers' compensation laws.

Proponents' Testimony: 08:27:43 Bill Wheeler, Department of Labor and Industry (DLI) EXHIBIT(buh63a01)

08:31:56 Ethan Heverly, Montana State Fund (MSF)

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08:32:34 Abigail St. Lawrence, Montana Building Industry Association (MBIA) EXHIBIT(buh63a02)

08:33:09 Jim Larsen, Labor Management Advisory Council (LMAC) 08:33:20 Bob Biskupiak, Office of Commissioner of Securities and Insurance (CSI)

Opponents' Testimony: None

Informational Testimony: None

Questions from Committee Members and Responses: None

Closing by Sponsor: 08:33:58 Rep. Harvey

Committee Business: 08:34:08 Chair Noland 08:34:47 Rep. Duram 08:34:52 Chair Noland

HEARING ON HB 761

Opening Statement by Sponsor: 08:35:44 Rep. Bill Mercer (R), HD 46, opened the hearing on HB 761, Generally Revise Occupational and Licensing Boards.

Proponents' Testimony: 08:42:23 Galen Hollenbaugh, Department of Labor and Industry (DLI) EXHIBIT(buh63a03)

Opponents' Testimony: 08:44:39 Brian Cayko, Montana Society of Respiratory Care (MSRC) 08:48:04 Janet Trethewey, Self 08:49:38 Beth Norberg, Montana Environmental Health Association (MEHA), Association of Montana Public Health Officials (AMPHO), Montana Public Health Association (MPHA) EXHIBIT(buh63a04)

08:51:17 Shannon Therriault, Missoula City-County Health Department 08:52:31 Vicki Rice, Self 08:56:00 Allison Mizner, Self 08:59:26 Codi Francis, Montana Society of Radiologic Technologists (MSRT) 09:00:35 Tiffany Ashworth, Montana American Society of Clinical Laboratory Science (ASCLSMT) 09:02:57 Kurt Bywater, Big Sky Association of Medical Equipment Suppliers (AMES) 09:04:52 Pattie Polakow, Montana State Respiratory Association (MSRA) 09:06:01 Chad Green, Montana Society for Respiratory Care (MSRC) 09:06:56 John Forkan, Teamsters Local 2

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09:07:44 Susan Keeney, Self EXHIBIT(buh63a05)

09:08:44 Jim Brown, Montana Funeral Directors Association (MFDA)

Informational Testimony: None

Questions from Committee Members and Responses: 09:10:23 Rep. Gunderson 09:10:48 Rep. Mercer 09:11:49 Rep. Gunderson 09:11:56 Rep. Mercer 09:12:58 Rep. Gunderson 09:13:19 Brian Cayko, MSRC 09:14:19 Rep. Gunderson 09:14:28 Brian Cayko, MSRC 09:14:35 Rep. Krautter 09:15:13 Galen Hollenbaugh, DLI 09:16:45 Rep. Krautter 09:16:59 Galen Hollenbaugh, DLI 09:17:19 Rep. Duram 09:17:45 Codi Francis, MSRT 09:18:10 Rep. Duram 09:18:20 Galen Hollenbaugh, DLI EXHIBIT(buh63a06)

09:19:10 Rep. Pope 09:19:41 Galen Hollenbaugh, DLI 09:20:36 Rep. Pope 09:21:01 Galen Hollenbaugh, DLI

Closing by Sponsor: 09:21:50 Rep. Mercer

HEARING ON HB 653

Opening Statement by Sponsor: 09:23:58 Rep. Willis Curdy (D), HD 98, opened the hearing on HB 653, Revise clean indoor air act to include vaping.

Proponents' Testimony: 09:24:50 Nicole Aune, Department of Health and Human Services (DPHHS) 09:29:21 Shannon Therriault, Montana Environmental Health Association (MEHA), Association of Montana Public Health Officials (AMPHO), Montana Public Health Association (MPHA) 09:30:33 Candace Payne, Montana State Alliance of YMCAs 09:33:47 Stacey Anderson, Montana Primary Care Association (MPCA)

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09:34:20 Greg Dorrington, Montana Medical Association (MMA) EXHIBIT(buh63a07)

09:35:14 Kristin Page-Nei, American Cancer Society (ASC), Cancer Action Network (CAN)

Opponents' Testimony: 09:36:21 Scott Boulanger, Vapor Technology Association (VTA) 09:38:29 Pat Murdo, Legislative Services Division (LSD) 09:38:59 Chair Noland 09:39:05 Scott Boulanger, VTA

Informational Testimony: None

Questions from Committee Members and Responses: None

Closing by Sponsor: 09:44:06 Rep. Curdy EXHIBIT(buh63a08)

HEARING ON HB 649

Opening Statement by Sponsor: 09:46:35 Rep. Derek Harvey (D), HD 74, opened the hearing on HB 649, Create Alcohol Advisory Council. EXHIBIT(buh63a09)

Proponents' Testimony: 09:53:38 Abigail St. Lawrence, Montana Distillers Guild (MDG) 09:54:58 John Iverson, Montana Tavern Association (MTA) 09:55:20 Brad Griffin, Montana Retail Association (MTA), Montana Restaurant Association (MTRA) 09:55:40 Ethan Kohotek, Montana Brewery Association (MBA) 09:56:12 Bob Miller, Liquor Store Owners of Montana (LSOM) 09:56:46 Kristi Blazer, Montana Beer and Wine Distributors Association (MBWDA) 09:59:40 Neil Peterson, Gaming Industry Association (GIA)

Opponents' Testimony: 10:00:44 Melissa Lewis, Miller Coors EXHIBIT(buh63a10) EXHIBIT(buh63a11)

10:04:52 Jessie Luther, Anheuser Busch 10:06:21 Elaine Taylor, Wine Institute

Informational Testimony: 10:07:23 Becky Schlauch, Department of Revenue (DOR)

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Questions from Committee Members and Responses: 10:08:55 Rep. Krautter 10:09:29 Rep. Harvey 10:09:44 Rep. Krautter 10:10:01 Rep. Harvey 10:10:15 Rep. Vinton 10:10:33 Rep. Harvey 10:11:20 Rep. Vinton 10:11:31 Rep. Harvey 10:12:17 Rep. Olsen 10:12:43 Kristi Blazer, MBWDA 10:15:10 Rep. Pope 10:15:38 Rep. Harvey 10:16:12 Chair Noland 10:16:41 Melissa Lewis, Miller Coors 10:17:35 Chair Noland 10:17:57 John Iverson, MTA 10:18:36 Chair Noland

Closing by Sponsor: 10:19:51 Rep. Harvey

HEARING ON HB 710

Opening Statement by Sponsor: 10:22:49 Rep. Katie Sullivan (D), HD 89, opened the hearing on HB 710, Require reporting of prescription drug cost information. EXHIBIT(buh63a12) EXHIBIT(buh63a13)

Proponents' Testimony: 10:29:38 Jennifer Hensley, Pacific Source Health Plans EXHIBIT(buh63a14) EXHIBIT(buh63a15)

10:34:39 Kali Wicks, Blue Cross and Blue Shield of Montana (BCBSMT) EXHIBIT(buh63a16)

10:37:34 Laura Vachowski, American Association of Retired Persons (AARP) 10:40:40 Derek Oestreicher, Office of Commissioner of Securities and Insurance (CSI) 10:41:24 Diane Fladmo, Montana Federation of Public Employees (MFPE) 10:42:55 Brad Griffin, Montana Retail Association (MRA) 10:43:34 Julian Adler, Montana Public Interest Research Group (MontPIRG) 10:44:02 Richard Miltenberger, Montana Health Co-op 10:44:20 Adam Haight, American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) 10:44:34 Stacey Anderson, Montana Primary Care Association (MPCA) 10:45:14 Greg Dorrington, Montana Medical Association (MMA) 10:45:45 Sean Slanger, America's Health Insurance Plans (AHIP)

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Opponents' Testimony: 10:46:14 Dana Malick, Pharmaceutical Research and Manufacturers of America (PHRMA) EXHIBIT(buh63a17)

10:51:49 Stan Abel, SiteOne Therapeutics 10:54:40 Shane Scanlon, GlaxoSmithKline (GSK)

10:55:59 Aiden Myhre, Montana BioScience Alliance, Biotechnology Innovation Organization (BIO) EXHIBIT(buh63a18)

Informational Testimony: None

Questions from Committee Members and Responses: 10:57:56 Rep. Krautter 10:58:25 Shane Scanlon, GSK 10:58:27 Rep. Krautter 10:58:34 Shane Scanlon, GSK 10:59:00 Rep. Gunderson 10:59:20 Jennifer Hensley, Pacific Source Health Plans 11:00:21 Rep. Gunderson 11:00:35 Jennifer Hensley, Pacific Source Health Plans 11:00:41 Rep. Gundreson 11:00:45 Jennifer Hensley, Pacific Source Health Plans 11:00:53 Rep. Olsen 11:01:26 Derek Oestreicher, CSI 11:01:57 Rep. Olsen 11:02:11 Derek Oestreicher, CSI 11:02:48 Vice Chair Ricci 11:03:27 Dana Malick, PHRMA

Closing by Sponsor: 11:04:49 Rep. Sullivan

11:20:33 Chair Noland ceded the gavel to Vice Chair Ricci.

HEARING ON HB 762

Opening Statement by Sponsor: 11:10:05 Rep. Jim Hamilton (D), HD 61, opened the hearing on HB 762, Create pilot program for restaurant all-beverage license.

Proponents' Testimony: None

Opponents' Testimony: 11:15:30 John Iverson, Montana Tavern Association (MTA) 11:18:49 Brad Griffin, Montana Restaurant Association (MTRA)

Informational Testimony: 11:19:41 Becky Schlaugh, Department of Revenue (DOR)

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Questions from Committee Members and Responses: None

Closing by Sponsor: 11:20:10 Rep. Hamilton

HEARING ON HB 768

Opening Statement by Sponsor: 11:25:00 Rep. Thomas Winter (D), HD 96, opened the hearing on HB 768, Statewide retirement savings account program for private-sector employees.

Proponents' Testimony: 11:26:58 Jackie Jones, American Association of Retired Persons (AARP)

Opponents' Testimony: None

Informational Testimony: 11:32:07 Dan Villa, Montana Board of Investments

Questions from Committee Members and Responses: 11:32:28 Rep. Gunderson 11:32:54 Dan Villa, Montana Board of Investments 11:33:23 Rep. Gunderson 11:33:35 Dan Villa, Montana Board of Investments 11:34:33 Vice Chair Ricci 11:35:08 Rep. Winter 11:35:23 Vice Chair Ricci 11:35:56 Dan Villa, Montana Board of Investments 11:37:28 Rep. Pope 11:37:55 Dan Villa, Montana Board of Investments 11:38:55 Rep. Duram 11:39:26 Dan Villa, Montana Board of Investments 11:39:37 Rep. Loge 11:39:48 Rep. Buttrey 11:40:07 Dan Villa, Montana Board of Investments 11:40:18 Chair Noland

Closing by Sponsor: 11:40:32 Rep. Winter

HEARING ON HB 694

Opening Statement by Sponsor: 11:43:02 Rep. Jim Hamilton (D), HD 61, opened the hearing on HB 694, Revise certain licensing fees for investment-related advisors.

Proponents' Testimony: 11:47:07 Ralph Franklin, Office of Budget & Program Planning (OBPP) 11:47:41 Bill Warden, National Association of Insurance and Financial Advisors (NAIFA)

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Opponents' Testimony: 11:48:06 Kendal Cotton, Office of Commissioner of Securities and Insurance (CSI)

Informational Testimony: None

Questions from Committee Members and Responses: 11:50:54 Rep. Duram 11:51:28 Ralph Franklin, OBPP 11:51:45 Rep. Duram 11:51:54 Ralph Franklin, OBPP 11:52:00 Rep. Duram 11:52:08 Ralph Franklin, OBPP 11:52:13 Rep. Duram 11:52:20 Ralph Franklin, OBPP 11:52:38 Vice Chair Ricci 11:53:02 Ralph Franklin, OBPP

Closing by Sponsor: 11:53:21 Rep. Hamilton EXHIBIT(buh63a19)

HEARING ON HB 677

Opening Statement by Sponsor: 11:58:21 Rep. (D), HD 48, opened the hearing on HB 677, Require corporations and LLCs to disclose beneficial owners. EXHIBIT(buh63a20) EXHIBIT(buh63a21) EXHIBIT(buh63a22)

Proponents' Testimony: 12:04:45 Stephanie Baucus ,Yellowstone County Area Human Trafficking Task Force 12:07:01 Rep. Pierson joined the meeting. 12:09:57 Penny Ronning, City Council Member, Billings EXHIBIT(buh63a23)

12:12:51 Raph Graybill, Governor's Office

Opponents' Testimony: 12:15:27 Abigail St. Lawrence, Montana Building Industry Association (MBIA) EXHIBIT(buh63a24)

12:19:22 Bruce Spencer, State Bar of Montana (SBMT) 12:24:05 Cary Hegreberg, Montana Chamber of Commerce (MCC) 12:26:58 Jason Todhunter, Montana Logging Association (MLA)

Informational Testimony: 12:29:06 Laurie Bakri, Secretary of State's Office (SOS)

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Questions from Committee Members and Responses: 12:29:37 Rep. Krautter 12:30:33 Raph Graybill, Governor's Office 12:31:34 Rep. Krautter 12:31:51 Raph Graybill, Governor's Office 12:32:49 Rep. Olsen 12:34:20 Bruce Spencer, SBMT 12:34:48 Rep. Olsen 12:35:02 Bruce Spencer, SBMT 12:35:06 Rep. Olsen 12:35:43 Bruce Spencer, SBMT 12:37:13 Rep. Curdy 12:37:55 Raph Graybill, Governor's Office

Closing by Sponsor: 12:38:51 Rep. Karjala

Committee Business: 12:43:52 Chair Noland 12:44:26 Rep. Olsen 12:44:39 Chair Noland 12:45:00 Rep. Funk 12:45:08 Chair Noland 12:45:16 Rep. Funk 12:45:18 Chair Noland 12:45:22 Rep. Funk

12:45:53 Recessed 13:17:10 Reconvened

13:17:06 Chair Noland 13:17:18 Susan Fox, Director, Legislative Services Division (LSD)

EXECUTIVE ACTION ON HB 649

13:19:38 Motion: Rep. Ricci moved that HB 649 DO PASS.

Discussion: 13:20:01 Rep. Buttrey 13:21:15 Rep. Harvey 13:21:58 Rep. Pope

13:23:12 Motion: Rep. Harvey moved that HB 649 BE AMENDED. (See Exhibit 9)

Discussion: 13:23:36 Rep. Harvey

13:23:51 Vote: Motion carried unanimously by voice vote.

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13:24:03 Motion/Vote: Rep. Ricci moved that HB 649 DO PASS AS AMENDED. Motion failed 9-10 by roll call vote with Rep. Curdy, Rep. Funk, Rep. Grubbs, Rep. Harvey, Rep. Olsen, Rep. Pierson, Rep. Pope, Rep. Stewart Peregoy and Rep. Sullivan voting aye.

13:25:30 Motion/Vote: Rep. Ricci moved that HB 649 BE TABLED. Motion carried unanimously by voice vote.

EXECUTIVE ACTION ON HB 653

13:26:03 Motion: Rep. Ricci moved that HB 653 DO PASS.

Discussion: 13:26:19 Rep. Gunderson 13:26:33 Rep. Curdy 13:27:12 Rep. Buttrey 13:27:31 Rep. Curdy 13:28:04 Rep. Buttrey 13:28:37 Rep. Duram

13:29:01 Vote: Motion carried 11-8 by roll call vote with Rep. Buttrey, Rep. Duram, Rep. Fitzgerald, Rep. Gunderson, Rep. Loge, Rep. Noland, Rep. Ricci and Rep. Vinton voting no.

EXECUTIVE ACTION ON HB 677

13:30:20 Motion: Rep. Ricci moved that HB 677 DO PASS.

13:30:59 Motion/Vote: Rep. Ricci moved that HB 677 BE AMENDED. Motion carried unanimously by voice vote. EXHIBIT(buh63a25)

13:31:24 Motion: Rep. Ricci moved that HB 677 DO PASS AS AMENDED.

Discussion: 13:31:36 Rep. Vinton 13:32:35 Rep. Gunderson

13:33:06 Substitute Motion/Vote: Rep. Ricci made a substitute motion that HB 677 BE TABLED. Substitute Motion carried 10-9 by roll call vote with Rep. Curdy, Rep. Funk, Rep. Harvey, Rep. Krautter, Rep. Olsen, Rep. Pierson, Rep. Pope, Rep. Stewart Peregoy and Rep. Sullivan voting no.

EXECUTIVE ACTION ON HB 694

13:34:30 Motion: Rep. Ricci moved that HB 694 DO PASS.

Discussion: 13:34:50 Rep. Pope

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13:35:24 Motion/Vote: Rep. Ricci moved that HB 694 BE AMENDED. Motion carried 18- 1 by voice vote with Rep. Duram voting no. (See Exhibit 19)

13:35:53 Motion/Vote: Rep. Ricci moved that HB 694 DO PASS AS AMENDED. Motion carried 10-9 by roll call vote with Rep. Anderson, Rep. Buttrey, Rep. Grubbs, Rep. Gunderson, Rep. Krautter, Rep. Loge, Rep. Noland, Rep. Ricci and Rep. Vinton voting no.

EXECUTIVE ACTION ON HB 710

13:37:45 Motion: Rep. Ricci moved that HB 710 DO PASS.

13:38:00 Motion: Rep. Sullivan moved that HB 710 BE AMENDED. (See Exhibit 13)

Discussion: 13:38:18 Rep. Sullivan

13:38:40 Vote: Motion carried unanimously by voice vote.

13:38:51 Motion/Vote: Rep. Ricci moved that HB 710 DO PASS AS AMENDED. Motion carried 18-1 by roll call vote with Rep. Noland voting no.

EXECUTIVE ACTION ON HB 747

13:40:35 Motion/Vote: Rep. Ricci moved that HB 747 DO PASS. Motion carried 13-6 by roll call vote with Rep. Buttrey, Rep. Fitzgerald, Rep. Harvey, Rep. Pierson, Rep. Sullivan and Rep. Vinton voting no.

EXECUTIVE ACTION ON HB 757

13:42:23 Motion: Rep. Ricci moved that HB 757 DO PASS.

Discussion: 13:42:42 Rep. Harvey

13:43:00 Vote: Motion carried unanimously by voice vote.

EXECUTIVE ACTION ON HB 761

13:43:22 Motion: Rep. Ricci moved that HB 761 DO PASS.

Discussion: 13:43:40 Rep. Grubbs 13:44:11 Rep. Gunderson

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13:44:34 Substitute Motion/Vote: Rep. Ricci made a substitute motion that HB 761 BE TABLED. Substitute Motion carried 18-1 by voice vote with Rep. Noland voting no.

EXECUTIVE ACTION ON HB 762

13:45:05 Motion: Rep. Ricci moved that HB 762 DO PASS.

13:45:17 Substitute Motion/Vote: Rep. Duram made a substitute motion that HB 762 BE TABLED. Substitute Motion carried unanimously by voice vote.

EXECUTIVE ACTION ON HB 768

13:45:31 Motion: Rep. Ricci moved that HB 768 DO PASS.

Discussion: 13:45:45 Rep. Buttrey

13:46:23 Vote: Motion failed 8-11 by roll call vote with Rep. Curdy, Rep. Funk, Rep. Harvey, Rep. Olsen, Rep. Pierson, Rep. Pope, Rep. Stewart Peregoy and Rep. Sullivan voting aye.

13:47:34 Motion/Vote: Rep. Ricci moved that HB 768 BE TABLED. Motion carried unanimously by voice vote.

EXECUTIVE ACTION ON HB 725

13:47:58 Motion: Rep. Ricci moved that HB 725 DO PASS.

13:48:09 Motion: Rep. Buttrey moved that HB 725 BE AMENDED. EXHIBIT(buh63a26)

Discussion: 13:48:43 Rep. Harvey

13:48:56 Vote: Motion carried unanimously by voice vote.

13:49:03 Motion/Vote: Rep. Ricci moved that HB 725 DO PASS AS AMENDED. Motion carried unanimously by voice vote.

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ADJOURNMENT

Adjournment: 13:49:39

______Joanne Kauzlarich, Secretary jk

Additional Documents:

EXHIBIT(buh63aad.pdf)

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