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Georgia Senate Bill SB158

Georgia 2025-2026 Regular Session

Georgia Senate Bill SB158 Compare Versions

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11 25 LC 28 0673
22 Senate Bill 158
33 By: Senators Davenport of the 17th, Jones II of the 22nd, Jones of the 10th, James of the
44 28th, Wicks of the 34th and others
55 A BILL TO BE ENTITLED
66 AN ACT
77 To amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped
88 1
99 persons, so as to create the Commission for Blind and Visually Disabled Persons; to transfer2
1010 the direction and supervision of the Georgia Industries for the Blind from the Georgia3
1111 Vocational Rehabilitation Agency to the commission; to provide for a short title; to provide4
1212 for definitions; to provide for legislative intent; to provide for the transfer of functions to the5
1313 commission; to provide for the composition and appointment of commission members; to6
1414 provide for an executive director; to provide for duties and powers of the commission; to7
1515 authorize the commission to license blind persons to operate vending facilities; to transfer8
1616 the oversight of the delivery of deaf-blind services and techniques that lead to maximum9
1717 independence and employment for individuals with both a hearing and a vision loss to the10
1818 commission; to provide for an annual report; to provide for a complaint process; to amend11
1919 Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to the Georgia12
2020 Vocational Rehabilitation Agency, so as to establish the role of the commission in facilitating13
2121 the operation by blind persons and other persons with disabilities of vending facilities on14
2222 state property; to provide for related matters; to repeal conflicting laws; and for other15
2323 purposes.16
2424 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17
2525 S. B. 158
2626 - 1 - 25 LC 28 0673
2727 SECTION 1.
2828 18
2929 Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is19
3030 amended by revising Code Section 30-2-3, relating to supervision of Georgia Industries for20
3131 the Blind by Georgia Vocational Rehabilitation Agency and acquisition of property, as21
3232 follows:22
3333 "30-2-3.23
3434 (a) The industries shall be state institutions under the direction and supervision of the24
3535 Georgia Vocational Rehabilitation Agency
3636 Commission for Blind and Visually Disabled25
3737 Persons.26
3838 (b) The Georgia Vocational Rehabilitation Agency Commission for Blind and Visually27
3939 Disabled Persons is authorized to provide the property necessary for the industries. The28
4040 Georgia Vocational Rehabilitation Agency Commission for Blind and Visually Disabled29
4141 Persons may acquire real property through the State Properties Commission pursuant to30
4242 Code Section 50-16-38 or the agency commission may enter into rental agreements in order31
4343 to acquire the needed space."32
4444 SECTION 2.33
4545 Said title is further amended by revising Code Section 30-2-4, relating to superintendents for34
4646 industries, operation of industries generally, and purchase of goods manufactured at35
4747 industries by state institutions, as follows:36
4848 "30-2-4.37
4949 (a) There shall be superintendents for the industries. Preference shall be given to blind38
5050 persons with the skill and experience to perform such jobs. The department Commission39
5151 for Blind and Visually Disabled Persons shall provide for the equipment, maintenance, and40
5252 management of the industries; shall provide for the selection and eligibility of applicants41
5353 for admission to an industry; shall provide for the sale of supplies manufactured at the42
5454 industries to the departments of the state, its subdivisions, and institutions, and to the43
5555 federal government and other states and to individual and corporate dealers in such44
5656 S. B. 158
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5858 supplies; shall provide for housing, rationing, hours of labor, scale of pay, or division of
5959 45
6060 profits, subject to this chapter; and shall provide all other rules for the proper management46
6161 of the industries not in conflict with this chapter. The department
6262 Commission for Blind47
6363 and Visually Disabled Persons shall procure necessary machinery, equipment, and48
6464 furnishings for the industries; shall make contracts for power, lighting, and heating; and49
6565 shall arrange for all other things necessary and proper for the conduct of the industries.50
6666 (b) All departments, subdivisions, and institutions of the State of Georgia are directed to51
6767 give preference in purchases to goods manufactured at the industries, provided that said52
6868 goods are of equal quality and competitive in price."53
6969 SECTION 3.54
7070 Said title is further amended by revising Code Section 30-2-7, relating to compensation of55
7171 workers and observance of and payment for state holidays, as follows:56
7272 "30-2-7.57
7373 (a) Each worker in an industry who is otherwise entitled to share in the benefits provided58
7474 for blind persons under Articles 1 and 3 of Chapter 4 of Title 49 shall, in addition to the59
7575 amount received as compensation for his or her services in the industry, receive from the60
7676 Department of Human Services such amount of public assistance as shall be determined61
7777 in accordance with the regulations approved by the commissioner of human services.62
7878 (b) All workers in the industries shall observe all holidays observed by other departments63
7979 and agencies of the state government and shall receive their proportionate compensation64
8080 for each holiday so observed. If any worker shall be compensated in such a manner that65
8181 his or her daily compensation is not fixed, but rather is based upon a production basis, he66
8282 or she shall receive by way of compensation for such observance of state holidays the67
8383 average daily production compensation received by him or her during the immediately68
8484 preceding 30 day period, holidays and Sundays excluded. The Georgia Vocational69
8585 Rehabilitation Agency Commission for Blind and Visually Disabled Persons is authorized70
8686 S. B. 158
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8888 and directed to pay such compensation from the funds appropriated to and available for the
8989 71
9090 agency
9191 commission."72
9292 SECTION 4.73
9393 Said title is further amended by adding a new chapter to read as follows:74
9494 "CHAPTER 1175
9595 30-11-1.76
9696 This chapter shall be known and may be cited as the 'Commission for Blind and Visually77
9797 Disabled Persons Act.'78
9898 30-11-2.79
9999 As used in this chapter, the term:80
100100 (1) 'Blind or visually impaired' means a person:81
101101 (A) Having a central visual acuity of 20/200 in the better eye with the best corrective82
102102 lens, or a visual field of 20 degrees or less; or83
103103 (B) With a severe visual disability resulting in legal blindness verified by an eye84
104104 examination.85
105105 (2) 'Commission' means the Commission for Blind and Visually Disabled Persons.86
106106 30-11-3.87
107107 (a) The purpose for the establishment of the commission is to ensure that people who are88
108108 blind or visually impaired or deaf-blind have access, throughout their lifetimes, to quality89
109109 services throughout the State of Georgia so that they may attain independent living skills,90
110110 maximize successful career opportunities, and increase independence and self-sufficiency91
111111 to promote the upward mobility of the consumer as a viable member of the community and92
112112 to do whatever is deemed necessary to achieve the most positive outcome for the consumer.93
113113 S. B. 158
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115115 (b) It is the policy of this state that all programs, projects, and activities of the commission94
116116 shall be carried out in a manner consistent with the following principles:95
117117 (1) Respect for individual dignity, personal responsibility, self-determination, and pursuit96
118118 of meaningful careers, based on informed choice;97
119119 (2) Support for the involvement of an individual's representative if an individual98
120120 requests, desires, or needs such support;99
121121 (3) Respect for the individual's privacy and equal access, including the use of100
122122 information in accessible formats; and101
123123 (4) Integration and full participation of individuals who are blind or visually impaired102
124124 in society on equal terms with others.103
125125 30-11-4.104
126126 (a) The Commission for Blind and Visually Disabled Persons is hereby created and105
127127 established to perform the functions and duties set out in this chapter and to assume the106
128128 duties, powers, and authority exercised on June 30, 2025, by the Georgia Vocational107
129129 Rehabilitation Agency with respect to blind or visually impaired persons.108
130130 (b) On and after July 1, 2025, the powers, functions, duties, programs, and authority of the109
131131 Georgia Vocational Rehabilitation Agency relating to blind or visually impaired persons110
132132 shall be performed and exercised by the commission. The commission shall take all111
133133 necessary steps to ensure continuity of services for blind or visually impaired persons112
134134 during such transfer.113
135135 (c) The commission shall be assigned to the Department of Human Services for114
136136 administrative purposes only, as prescribed in Code Section 50-4-3.115
137137 S. B. 158
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139139 30-11-5.116
140140 (a) The commission shall consist of a chairperson and seven members. The Governor117
141141 shall appoint the chairperson and three members, the Speaker of the House of118
142142 Representatives shall appoint two members, and the President of the Senate shall appoint119
143143 two members. The chairperson and members shall be qualified to serve based on120
144144 knowledge and experience in rehabilitation and related services for the blind or visually121
145145 impaired. A majority of the members shall be blind or visually impaired and at least one122
146146 member shall be deaf-blind. At least one of the members appointed by the Governor shall123
147147 have participated in the Business Enterprise Program established under the federal124
148148 Randolph-Sheppard Act of 1936, and at least one of the members appointed by the125
149149 Governor shall have been employed by the Georgia Industries for the Blind. No member126
150150 of the commission shall be employed by the commission during the term of such127
151151 membership.128
152152 (b) The Governor, the Speaker of the House of Representatives, and the President of the129
153153 Senate shall consult with consumer groups representing blind or visually impaired persons130
154154 in this state to obtain their recommendations of individuals to be appointed.131
155155 (c) The appointment of each member and the chairperson shall be for a term of three years,132
156156 except for the terms of the initially appointed members. One member appointed by each133
157157 officer shall serve for an initial term of three years, one member appointed by each officer134
158158 shall serve an initial term of two years, and the chairperson and the other member135
159159 appointed by the Governor shall serve an initial term of one year. Thereafter, all members136
160160 and the chairperson shall be appointed for terms of three years.137
161161 (d) The commission shall meet quarterly and at such other times as it shall determine. The138
162162 chairperson and members of the commission shall receive no salary, but shall be allowed139
163163 the usual mileage, subsistence, and per diem as authorized by law. A majority of the140
164164 members of the commission shall constitute a quorum to transact business.141
165165 30-11-6.142
166166 S. B. 158
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168168 (a) The commission shall appoint an executive director with knowledge and experience143
169169 in rehabilitation and related services for the blind or visually impaired. The executive144
170170 director shall serve as secretary to the commission and shall be the chief administrative145
171171 officer of the commission. The executive director's appointment shall be for an indefinite146
172172 period but may be terminated for cause as determined by a majority of the commission. 147
173173 Preference shall be given to employing an individual who is blind or visually impaired and148
174174 meets the qualifications specified by the commission.149
175175 (b) The executive director shall employ such personnel as are needed and shall fix their150
176176 compensation in a manner consistent with state law.151
177177 30-11-7.152
178178 (a) The commission shall:153
179179 (1) Develop and carry out a state plan for vocational rehabilitation services for154
180180 individuals who are blind or visually impaired pursuant to Section 101 of the federal155
181181 Rehabilitation Act of 1973, as amended;156
182182 (2) Provide independent living services for blind or visually impaired individuals,157
183183 including services for older individuals who are blind or visually impaired, pursuant to158
184184 Title VII of the federal Rehabilitation Act of 1973, as amended;159
185185 (3) Contract with private agencies that provide services for the blind or visually impaired160
186186 to provide prevocational and other training such as, but not limited to, instruction in161
187187 Braille, orientation and mobility for independent travel, homemaking and162
188188 home-management skills, and communications skills, including the use of computer163
189189 technology, to prepare blind and visually impaired persons for eventual vocational164
190190 training, job placement, higher education, home skills such as reading of mail and letter165
191191 writing, and independence;166
192192 (4) Establish and carry out a business enterprises program and serve as the state licensing167
193193 agency for blind and visually impaired individuals pursuant to the federal168
194194 Randolph-Sheppard Act;169
195195 S. B. 158
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197197 (5) Establish and administer an industries for the blind program and serve as the state170
198198 licensing agency;171
199199 (6) Purchase and distribute specialized equipment, devices, and technology, including172
200200 low-vision aids, obtained directly from specialty vendors without state centralized173
201201 purchasing procedures;174
202202 (7) Coordinate with the Georgia Library Service for the Blind and Print Disabled of the175
203203 Office of Public Library Services of the Board of Regents of the University System of176
204204 Georgia to ensure that all offerings of the program administered by the Georgia Library177
205205 Service for the Blind and Print Disabled to provide library services to persons who are178
206206 blind or visually impaired are actively and robustly utilized by as many blind and visually179
207207 impaired persons as possible, including audiobooks, standard library services, Braille180
208208 services, and other physical as well as electronic accommodation options;181
209209 (8) Create and maintain an instructional media center for the production, purchase,182
210210 distribution, reallocation, and warehousing of accessible materials for blind or visually183
211211 impaired children and adults;184
212212 (9) Provide technical assistance in cooperation with other appropriate agencies to assist185
213213 the Department of Education and local boards of education in the provision of auxiliary186
214214 aids and services to blind or visually impaired students and their parents by complying187
215215 with the federal Americans with Disabilities Act, as amended, and the federal Individuals188
216216 with Disabilities Education Act, as amended;189
217217 (10) Provide technical assistance to agencies within this state in order to ensure that190
218218 information technology purchased or used by such agencies is accessible to and usable191
219219 by individuals who are blind or visually impaired at the time the technology is purchased192
220220 or used;193
221221 (11) Participate, through the designation of the executive director or an appropriate staff194
222222 member of the commission, on boards, commissions, or bodies which may exist or be195
223223 established within this state for the purpose of coordination and planning of services;196
224224 S. B. 158
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226226 (12) Conduct a review of consumer satisfaction with programs of the commission and197
227227 perform other functions of the state-wide rehabilitation council specified in198
228228 Section 105(c) of the federal Rehabilitation Act of 1973, as amended;199
229229 (13) Apply for and receive money from any state or federal agency to support the200
230230 programs of the commission and receive on behalf of this state any gifts, donations, or201
231231 bequests from any source to be used in carrying out the commission's duties as described202
232232 in this chapter; and203
233233 (14) Develop and administer any other program which will further the provision of204
234234 services to the blind or visually impaired and is determined by the commission to fall205
235235 within its scope of responsibility.206
236236 (b) The commission may carry out any of the powers and duties enumerated in this Code207
237237 section by contract or cooperative agreement or by the direct administration of any208
238238 program.209
239239 (c) The commission shall promulgate such rules and regulations as are necessary for the210
240240 execution of its functions under this chapter.211
241241 30-11-8.212
242242 The commission is authorized to license blind persons to operate vending facilities under213
243243 its supervision and control, subject to rules and regulations promulgated by the214
244244 commission, on:215
245245 (1) State property;216
246246 (2) County or municipal property;217
247247 (3) Federal property, pursuant to delegation of authority under the federal218
248248 Randolph-Sheppard Act, 20 U.S.C. Section 107(b), and any amendment thereto or any219
249249 act of Congress relating to this subject; and220
250250 (4) Private property.221
251251 30-11-9.222
252252 S. B. 158
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254254 (a) The commission shall oversee the delivery of deaf-blind services and techniques223
255255 provided by an organization pursuant to subsection (c) of this Code section that lead to224
256256 maximum independence and employment for individuals with both a hearing and a vision225
257257 loss. These services shall include, but not be limited to, transition of deaf-blind youth from226
258258 education to the work force; identification of deaf-blind individuals in Georgia;227
259259 communication access for varying groups of individuals and their unique needs; training228
260260 deaf-blind individuals in orientation and mobility, rehabilitation, and Braille; support and229
261261 increase in the number of qualified sign language interpreters working with deaf-blind230
262262 individuals; use of adaptive technologies, such as computers, telebraillers, and TTY231
263263 devices; strategies and techniques to assist deaf-blind individuals in obtaining the highest232
264264 level of independence possible; and peer support which provides access to information,233
265265 people, and places.234
266266 (b) The commission shall, to the greatest extent possible, integrate the services and235
267267 techniques required pursuant to subsection (a) of this Code section into its standard236
268268 practices and procedures with the objective of providing appropriate services in an237
269269 appropriate manner to individuals in the deaf-blind community.238
270270 (c) Subject to appropriations by the General Assembly, the commission shall retain an239
271271 organization knowledgeable on deaf-blind issues to provide the services and techniques240
272272 included in subsection (a) of this Code section to deaf-blind individuals and to provide241
273273 comprehensive training to commission staff on such services and techniques required242
274274 pursuant to subsection (a) of this Code section. Such organization shall be retained no later243
275275 than six months after funding from appropriations by the General Assembly has been made244
276276 available for expenditure by the commission.245
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279279 30-11-10.246
280280 The commission shall publish an annual report including a list of accomplishments,247
281281 findings, and recommendations for improvement based on its activities and performance248
282282 during the year. The report shall contain information needed to evaluate the progress of249
283283 the commission in meeting the needs of blind or visually impaired individuals in this state.250
284284 30-11-11.251
285285 (a) Any applicant for or recipient of services from the commission who is dissatisfied with252
286286 any action taken or decision made regarding such services may file a complaint, setting253
287287 forth the basis for the dissatisfaction and the remedy sought. Upon receipt of the254
288288 complaint, the executive director shall inform the individual of the voluntary process255
289289 available for mediation of the dispute. The mediation, if chosen by the individual, shall be256
290290 conducted by a qualified and impartial mediator, and the cost shall be paid by the257
291291 commission.258
292292 (b) If the dispute cannot be resolved by mediation or other informal means, the executive259
293293 director shall, upon request of the individual, convene an arbitration panel which shall give260
294294 notice, conduct a hearing, and render a decision. The arbitration panel shall be composed261
295295 of three members as follows:262
296296 (1) One individual designated by the individual filing the complaint;263
297297 (2) One individual designated by the executive director; and264
298298 (3) One individual who is an impartial hearing officer, as defined in Section 102 of the265
299299 federal Rehabilitation Act of 1973, agreed upon jointly by the individuals designated266
300300 pursuant to paragraphs (1) and (2) of this subsection. Such individual shall serve as267
301301 chairperson of the arbitration panel and issue the decision.268
302302 (c) The commission shall promulgate rules and regulations sufficient to regulate all269
303303 proceedings conducted pursuant to this Code section and to ensure the rights of all parties270
304304 participating therein."271
305305 S. B. 158
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307307 SECTION 5.
308308 272
309309 Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to the Georgia273
310310 Vocational Rehabilitation Agency, is amended by revising Code Section 49-9-5, relating to274
311311 provision of services to persons with disabilities, as follows:275
312312 "49-9-5.276
313313 The agency shall provide the services authorized by this chapter to persons with disabilities277
314314 determined to be eligible therefor; and, in carrying out the purposes of this chapter, the278
315315 agency is authorized, among other things:279
316316 (1) To cooperate with other departments, agencies, and institutions, both public and280
317317 private, in providing the services authorized by this chapter to persons with disabilities;281
318318 in studying the problems involved therein; and in establishing, developing, and providing,282
319319 in conformity with the purposes of this chapter, such programs, facilities, and services as283
320320 may be necessary or desirable;284
321321 (2) To enter into reciprocal agreements with other states to provide for the services285
322322 authorized by this chapter to residents of the state concerned;286
323323 (3) To conduct research and compile statistics relating to the provision of services or the287
324324 need of services by persons with disabilities;288
325325 (4) To license blind persons or other
326326 persons with disabilities, other than blind persons,289
327327 to operate vending facilities under its supervision and control, subject to the terms and290
328328 conditions provided in regulations, policies, and procedures issued pursuant to Code291
329329 Section 49-9-3, on:292
330330 (A) State property;293
331331 (B) County or municipal property;294
332332 (C) Federal property, pursuant to delegation of authority under the Randolph-Sheppard295
333333 Act, 20 U.S.C. Section 107(b), and any amendment thereto or any act of Congress296
334334 relating to this subject; and297
335335 (D) Private property; and298
336336 S. B. 158
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338338 (5) To provide for the establishment, supervision, and control of suitable business
339339 299
340340 enterprises to be operated by persons with disabilities."300
341341 SECTION 6.301
342342 Said chapter is further amended by repealing Code Section 49-9-21, relating to delivery of302
343343 deaf-blind services and techniques leading to maximum independence and integration, in its303
344344 entirety.304
345345 SECTION 7.305
346346 Said chapter is further amended by revising Article 2, relating to vending facilities on state306
347347 property, as follows:307
348348 "ARTICLE 2308
349349 49-9-40.309
350350 As used in this article, the term:310
351351 (1) 'State property' means any building, land, or other real property owned, leased, or311
352352 occupied by any department, commission, board, bureau, agency, public corporation, or312
353353 other instrumentality of the state, including, but not limited to, the Georgia Building313
354354 Authority, and any other real property in which the state has a legal or beneficial interest;314
355355 provided, however, the term 'state property'
356356 that such term shall not include any property,315
357357 real or personal, owned or leased or otherwise under the jurisdiction of the Board of316
358358 Regents of the University System of Georgia, the Georgia Education Authority317
359359 (University), or any county or independent school system of this state.318
360360 (2) 'Vending facility' means vending stands, vending machines, snack bars, cart service,319
361361 shelters, counters, and such other appropriate facilities and equipment as may be320
362362 necessary for the sale of articles or services by licensed blind persons licensed by the321
363363 Commission for Blind and Visually Disabled Persons or other persons with disabilities322
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366366 licensed by the agency, as prescribed by rules and regulations adopted by the323
367367 Commission for Blind and Visually Disabled Persons and the agency, respectively.324
368368 49-9-41.325
369369 To effectuate the purposes of this article, it is declared to be public policy of the state that326
370370 on any state property where the Commission for Blind and Visually Disabled Persons or327
371371 the board determines it to be feasible to establish a vending facility to be operated by a328
372372 licensed operator as provided in this article and where the agency or department or329
373373 custodian of such property determines that such facility can be established without undue330
374374 inconvenience to the operation being carried on in such state building or property, the331
375375 preference accorded in this article shall require that such vending facility site not be332
376376 deemed available for letting to competitive bidders for revenue-producing purposes unless333
377377 the Commission for Blind and Visually Disabled Persons or the board declines to establish334
378378 on such site a vending facility for blind persons or other persons with disabilities. The335
379379 income to the agency or department or custodian controlling the space for such facility sites336
380380 shall generally not be expected to exceed reimbursement for the cost of providing such337
381381 facility site space and the services connected therewith; but in any case where such income338
382382 exceeds those purposes, it shall be paid into the state treasury, subject to certification and339
383383 audit.340
384384 49-9-42.341
385385 For the purpose of providing blind persons or other persons with disabilities with342
386386 remunerative employment, enlarging their economic opportunities, and stimulating them343
387387 to greater effort in striving to make themselves self-supporting, such blind persons who are344
388388 licensed by the Commission for Blind and Visually Disabled Persons pursuant to Code345
389389 Section 30-11-8 or other persons with disabilities who are licensed by the Georgia346
390390 Vocational Rehabilitation Agency agency pursuant to Code Section 49-9-5 shall be347
391391 authorized to operate vending facilities on any state property where such vending facilities348
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394394 may be properly and satisfactorily operated by blind persons or other persons with
395395 349
396396 disabilities. In authorizing the operation of vending facilities on state property, preference350
397397 shall be given, so far as feasible, to blind persons licensed by the Commission for Blind
398398 351
399399 and Visually Disabled Persons or other persons with disabilities licensed by the Georgia352
400400 Vocational Rehabilitation Agency agency as provided in this article; and the head of each353
401401 department or agency in control of the maintenance, operation, and protection of state354
402402 property shall, after consultation with the Commission for Blind and Visually Disabled355
403403 Persons and the board and with the approval of the Governor, prescribe regulations356
404404 designed to assure such preference (including assignment of vending machine income to357
405405 achieve and protect such preference) for such licensed blind persons or other persons with358
406406 disabilities without unduly inconveniencing such departments and agencies or adversely359
407407 affecting the interests of the state."360
408408 SECTION 8.361
409409 All laws and parts of laws in conflict with this Act are repealed.362
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