1 | 1 | | 25 LC 59 0070 |
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2 | 2 | | House Bill 367 |
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3 | 3 | | By: Representatives Holly of the 116 |
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4 | 4 | | th |
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5 | 5 | | , Gilliard of the 162 |
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6 | 6 | | nd |
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7 | 7 | | , Bazemore of the 69 |
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8 | 8 | | th |
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9 | 9 | | , Clark of |
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10 | 10 | | the 108 |
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11 | 11 | | th |
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12 | 12 | | , and Jackson of the 68 |
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13 | 13 | | th |
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14 | 14 | | |
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15 | 15 | | A BILL TO BE ENTITLED |
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16 | 16 | | AN ACT |
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17 | 17 | | To amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to |
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18 | 18 | | 1 |
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19 | 19 | | commissions and other agencies, so as to create the Georgia Equity and Fairness2 |
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20 | 20 | | Commission; to provide for members and officers; to provide for meetings, quorum, and3 |
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21 | 21 | | compensation; to provide for the commission's duties and powers; to provide for reporting;4 |
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22 | 22 | | to provide a definition; to provide a short title; to provide legislative findings; to provide for5 |
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23 | 23 | | automatic repeal; to provide for related matters; to repeal conflicting laws; and for other6 |
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24 | 24 | | purposes.7 |
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25 | 25 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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26 | 26 | | SECTION 1.9 |
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27 | 27 | | This Act shall be known and may be cited as the "Georgia Equity and Fairness Commission10 |
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28 | 28 | | Act."11 |
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29 | 29 | | SECTION 2.12 |
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30 | 30 | | The General Assembly finds and declares the following:13 |
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31 | 31 | | H. B. 367 |
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32 | 32 | | - 1 - 25 LC 59 0070 |
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33 | 33 | | (1) Millions of Africans and their descendants were enslaved in the 13 American |
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34 | 34 | | 14 |
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35 | 35 | | colonies and the United States, including the Georgia colony and the State of Georgia,15 |
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36 | 36 | | from 1619 through 1865;16 |
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37 | 37 | | (2) The institution of chattel slavery was constitutionally and statutorily sanctioned by17 |
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38 | 38 | | the United States government from 1789 through 1865;18 |
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39 | 39 | | (3) The chattel slavery that flourished in Georgia and the United States constituted an19 |
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40 | 40 | | immoral and inhumane deprivation of each African's life, liberty, African citizenship20 |
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41 | 41 | | rights, and cultural heritage, and denied them the fruits of their own labor;21 |
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42 | 42 | | (4) A preponderance of scholarly, legal, community evidentiary documentation, and22 |
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43 | 43 | | popular culture markers constitute the basis for inquiry into the ongoing effects of the23 |
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44 | 44 | | institution of chattel slavery and its legacy of persistent systemic structures of24 |
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45 | 45 | | discrimination on the living descendants of chattel slavery and society in Georgia and the25 |
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46 | 46 | | United States;26 |
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47 | 47 | | (5) Following the abolition of chattel slavery, governments at the federal, state, and local27 |
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48 | 48 | | levels continued to perpetuate, condone, and often profit from practices that continued28 |
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49 | 49 | | to brutalize and disadvantage the descendants of chattel slavery, including sharecropping,29 |
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50 | 50 | | convict leasing, Jim Crow laws, redlining, unequal education, and disproportionate30 |
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51 | 51 | | treatment at the hands of the criminal justice system; and31 |
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52 | 52 | | (6) As a result of historical and continued discrimination, the descendants of chattel32 |
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53 | 53 | | slavery continue to suffer debilitating economic, educational, and health hardships,33 |
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54 | 54 | | including having a high level of incarceration, a disproportionate unemployment rate, and34 |
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55 | 55 | | an average of less than one-sixteenth of the wealth, a disparity which has worsened, not35 |
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56 | 56 | | improved, over time.36 |
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57 | 57 | | SECTION 3.37 |
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58 | 58 | | Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions38 |
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59 | 59 | | and other agencies, is amended by adding a new article to read as follows:39 |
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60 | 60 | | H. B. 367 |
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61 | 61 | | - 2 - 25 LC 59 0070 |
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62 | 62 | | "ARTICLE 940 |
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63 | 63 | | 50-12-150.41 |
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64 | 64 | | (a) There is created the Georgia Equity and Fairness Commission for examining the42 |
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65 | 65 | | impact of chattel slavery on the descendants of chattel slavery and recommending43 |
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66 | 66 | | appropriate remedies therefor.44 |
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67 | 67 | | (b) As used in this article, the term 'commission' means the Georgia Equity and Fairness45 |
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68 | 68 | | Commission.46 |
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69 | 69 | | (c) The commission is assigned to the Department of Administrative Services for47 |
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70 | 70 | | administrative purposes only as prescribed in Code Section 50-4-3.48 |
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71 | 71 | | 50-12-151.49 |
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72 | 72 | | (a) The commission shall be composed of 11 members who are citizens of this state and50 |
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73 | 73 | | shall be appointed as follows:51 |
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74 | 74 | | (1) Three members appointed by the Governor, one of whom the Governor shall select52 |
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75 | 75 | | as chairperson;53 |
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76 | 76 | | (2) Two members appointed by the President of the Senate;54 |
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77 | 77 | | (3) Two members appointed by the minority leader of the Senate;55 |
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78 | 78 | | (4) Two members appointed by the Speaker of the House of Representatives; and56 |
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79 | 79 | | (5) Two members appointed by the minority leader of the House of Representatives.57 |
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80 | 80 | | (b) Members of the commission shall be appointed from persons recommended by58 |
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81 | 81 | | organizations concerned with the issues of civil rights; human rights; racial, social, and59 |
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82 | 82 | | economic justice and equality; reparations; and other issues concerning the60 |
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83 | 83 | | African-American community.61 |
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84 | 84 | | (c) Members of the commission shall serve for the duration of the commission. Any62 |
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85 | 85 | | vacancy shall be filled in the same manner in which the original appointment was made.63 |
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86 | 86 | | (d) The commission may elect officers, other than the chairperson, as it deems necessary.64 |
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87 | 87 | | H. B. 367 |
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88 | 88 | | - 3 - 25 LC 59 0070 |
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89 | 89 | | 50-12-152.65 |
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90 | 90 | | (a) The commission may conduct meetings at such places and times as it deems necessary66 |
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91 | 91 | | or convenient to enable it to fully and effectively exercise its powers, perform its duties,67 |
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92 | 92 | | and accomplish the objectives and purposes of this article. The commission shall hold68 |
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93 | 93 | | meetings at the call of the chairperson.69 |
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94 | 94 | | (b) A quorum for transacting business shall be a majority of the members of the70 |
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95 | 95 | | commission.71 |
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96 | 96 | | (c) Legislative members of the commission shall receive the allowances provided for in72 |
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97 | 97 | | Code Section 28-1-8. Nonlegislative members shall receive a daily expense allowance in73 |
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98 | 98 | | the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or74 |
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99 | 99 | | transportation allowance authorized for state employees. Members of the commission who75 |
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100 | 100 | | are state officials, other than legislative members, or state employees shall receive no76 |
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101 | 101 | | compensation for their services on the commission, but shall be reimbursed for expenses77 |
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102 | 102 | | incurred by them in the performance of their duties as members of the commission in the78 |
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103 | 103 | | same manner as they are reimbursed for expenses in their capacities as state officials or79 |
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104 | 104 | | state employees. The funds necessary for the reimbursement of the expenses of state80 |
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105 | 105 | | officials, other than legislative members, and state employees shall come from funds81 |
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106 | 106 | | appropriated to or otherwise available to their respective departments. All other funds82 |
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107 | 107 | | necessary to carry out the provisions of this article shall come from funds appropriated to83 |
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108 | 108 | | the commission.84 |
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109 | 109 | | 50-12-153.85 |
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110 | 110 | | (a) The commission shall:86 |
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111 | 111 | | (1) Examine the extent to which the State of Georgia supported the institution of chattel87 |
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112 | 112 | | slavery in constitutional and statutory provisions;88 |
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113 | 113 | | H. B. 367 |
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114 | 114 | | - 4 - 25 LC 59 0070 |
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115 | 115 | | (2) Examine the state's laws that discriminated against chattel slaves and their89 |
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116 | 116 | | descendants from the end of the Civil War, through the era of Jim Crow laws, to the90 |
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117 | 117 | | present;91 |
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118 | 118 | | (3) Examine the lingering negative effects of the institution of chattel slavery on the92 |
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119 | 119 | | descendants of chattel slavery in Georgia;93 |
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120 | 120 | | (4) Recommend appropriate ways to educate the public on the commission's findings;94 |
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121 | 121 | | and95 |
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122 | 122 | | (5) Recommend appropriate remedies in consideration of the commission's findings. In96 |
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123 | 123 | | making such recommendation, the commission shall address the form, amount, and97 |
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124 | 124 | | eligibility for any restitution.98 |
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125 | 125 | | (b) The commission shall submit a written report of its findings and recommendations to99 |
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126 | 126 | | the Governor, the President of the Senate, the Speaker of the House of Representatives, and100 |
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127 | 127 | | the minority leaders of the Senate and House of Representatives no later than three months101 |
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128 | 128 | | after the date of the last meeting of the commission. The commission shall also make such102 |
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129 | 129 | | report available to the public.103 |
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130 | 130 | | 50-12-154.104 |
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131 | 131 | | (a) The commission shall have the following powers:105 |
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132 | 132 | | (1) To accept public or private grants, devises, and bequests;106 |
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133 | 133 | | (2) To authorize entering into contracts or agreements through the commission's107 |
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134 | 134 | | chairperson necessary or incidental to the performance of its duties;108 |
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135 | 135 | | (3) To establish rules and procedures for conducting the business of the commission;109 |
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136 | 136 | | (4) To hold public hearings; and110 |
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137 | 137 | | (5) To request the attendance and testimony of such witnesses and the production of such111 |
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138 | 138 | | documents as the commission deems necessary to fulfill its duties.112 |
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139 | 139 | | (b) The commission may request and receive information from appropriate state agencies113 |
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140 | 140 | | which the commission deems useful in fulfilling its duties. Such agencies shall cooperate114 |
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141 | 141 | | H. B. 367 |
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142 | 142 | | - 5 - 25 LC 59 0070 |
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143 | 143 | | with the commission with respect to such information and shall furnish all information115 |
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144 | 144 | | requested by the commission to the extent permitted by law.116 |
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145 | 145 | | 50-12-155.117 |
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146 | 146 | | The commission shall be abolished and this article shall stand repealed on June 30, 2027."118 |
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147 | 147 | | SECTION 4.119 |
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148 | 148 | | All laws and parts of laws in conflict with this Act are repealed.120 |
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149 | 149 | | H. B. 367 |
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150 | 150 | | - 6 - |
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