| 1 | 1 | | 25 LC 48 1486 |
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| 2 | 2 | | Senate Bill 184 |
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| 3 | 3 | | By: Senators Albers of the 56th, Still of the 48th, Hatchett of the 50th, Setzler of the 37th, |
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| 4 | 4 | | Summers of the 13th and others |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and |
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| 8 | 8 | | 1 |
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| 9 | 9 | | offenses, so as to provide that a person must show certain documentation upon receipt of a2 |
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| 10 | 10 | | citation for unlawful squatting; to provide for a penalty; to amend Code Section 16-9-2 of3 |
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| 11 | 11 | | the Official Code of Georgia Annotated, relating to penalties for forgery, so as to provide for4 |
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| 12 | 12 | | a penalty for forgery cases related to the offense of unlawful squatting; to amend Article 15 |
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| 13 | 13 | | of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to rights, duties,6 |
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| 14 | 14 | | and liabilities of innkeepers, so as to provide for certain guest ejectment procedures for7 |
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| 15 | 15 | | innkeepers; to provide for an affidavit; to provide for related matters; to provide for a short8 |
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| 16 | 16 | | title; to repeal conflicting laws; and for other purposes.9 |
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| 17 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 |
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| 18 | 18 | | SECTION 1.11 |
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| 19 | 19 | | This Act shall be known and may be cited as the ''Georgia Anti-Squatting Act of 2025.''12 |
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| 20 | 20 | | SECTION 2.13 |
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| 21 | 21 | | Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is14 |
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| 22 | 22 | | amended by revising Code Section 16-7-21.1, relating to unlawful squatting, as follows:15 |
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| 23 | 23 | | S. B. 184 |
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| 24 | 24 | | - 1 - 25 LC 48 1486 |
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| 25 | 25 | | "16-7-21.1. |
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| 26 | 26 | | 16 |
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| 27 | 27 | | (a)(1) A person commits the offense of unlawful squatting when he or she enters upon17 |
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| 28 | 28 | | the land or premises of another and resides on such land or premises for any period of18 |
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| 29 | 29 | | time knowingly acting without the knowledge or consent of the owner, the |
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| 30 | 30 | | rightful19 |
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| 31 | 31 | | occupant, or an authorized representative of the owner, and shall be subject to removal. 20 |
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| 32 | 32 | | If the owner, rightful occupant, or authorized representative of the owner, shall take and21 |
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| 33 | 33 | | subscribe an affidavit, in writing, before any officer authorized to administer an oath22 |
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| 34 | 34 | | setting forth that such owner, rightful occupant, or authorized representative of the owner23 |
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| 35 | 35 | | in fact claims, in good faith, that the occupancy of any person upon such land or premises24 |
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| 36 | 36 | | is unauthorized and such person refuses to vacate the premises, it shall be the duty of the25 |
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| 37 | 37 | | sheriff, sheriff's deputy, constable, marshal, or other individual certified by the Georgia26 |
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| 38 | 38 | | Peace Officer Standards and Training Council of the county where the property is located27 |
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| 39 | 39 | | to eject such person within five days of receiving such affidavit. For purposes of As used28 |
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| 40 | 40 | | in this Code section, the term 'resides' means to inhabit or live on or within any land or29 |
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| 41 | 41 | | premises.30 |
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| 42 | 42 | | (2) Any person who commits or is accused of committing the offense of unlawful31 |
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| 43 | 43 | | squatting as provided for in paragraph (1) of this subsection shall receive a citation32 |
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| 44 | 44 | | advising that they must he or she shall present to the head of the issuing law enforcement33 |
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| 45 | 45 | | agency or their its designee, upon within three business days of receiving the citation for34 |
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| 46 | 46 | | such alleged offense, properly executed documentation that authorizes the person's entry35 |
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| 47 | 47 | | on such land or premises. Such documentation may include a properly executed lease or36 |
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| 48 | 48 | | rental agreement or proof of rental payments.37 |
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| 49 | 49 | | (3) If such person, upon receiving the citation, is unable to provide the documentation38 |
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| 50 | 50 | | required by paragraph (2) of this subsection, such person shall be subject to arrest for39 |
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| 51 | 51 | | unlawful squatting and, upon conviction thereof, shall be subject to the penalty provided40 |
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| 52 | 52 | | in subsection (b) of this Code section.41 |
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| 53 | 53 | | S. B. 184 |
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| 54 | 54 | | - 2 - 25 LC 48 1486 |
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| 55 | 55 | | (4) If such person does provide provides documentation that authorizes such person's42 |
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| 56 | 56 | | entry on the land or premises, a hearing shall be set within seven days of the submission43 |
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| 57 | 57 | | of such documentation, and, if the court of appropriate jurisdiction finds that the44 |
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| 58 | 58 | | submitted documentation was not properly executed or is not meritorious, such person45 |
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| 59 | 59 | | shall be subject to demand for possession and removal as provided in Code46 |
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| 60 | 60 | | Section 44-11-32, be subject to arrest and, upon conviction thereof, be subject to penalties47 |
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| 61 | 61 | | as provided for in Code Sections 16-9-1 and 16-9-2, and shall be assessed an additional48 |
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| 62 | 62 | | fine based on the fair market monthly rental rate of the land or premises.49 |
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| 63 | 63 | | (b) The sheriff, sheriff's deputy, constable, marshal, or other individual certified by the50 |
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| 64 | 64 | | Georgia Peace Officer Standards and Training Council is not liable to the unlawful51 |
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| 65 | 65 | | occupant or any other party for loss, destruction, or damage of property. The owner,52 |
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| 66 | 66 | | rightful occupant, or authorized representative of the owner is not liable to an unlawful53 |
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| 67 | 67 | | occupant or any other party for the loss, destruction, or damage to the personal property of54 |
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| 68 | 68 | | such unlawful occupant unless the removal was wrongful.55 |
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| 69 | 69 | | (c) Any person who violates subsection (a) of this Code section shall be guilty of a56 |
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| 70 | 70 | | misdemeanor of a high and aggravated nature which upon conviction shall be punishable57 |
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| 71 | 71 | | punished as provided in Code Section 17-10-3 17-10-4."58 |
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| 72 | 72 | | SECTION 3.59 |
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| 73 | 73 | | Code Section 16-9-2 of the Official Code of Georgia Annotated, relating to penalties for60 |
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| 74 | 74 | | forgery, is amended by adding a new subsection to read as follows:61 |
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| 75 | 75 | | "(e) A person who commits the offense of forgery in relation to a violation of Code62 |
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| 76 | 76 | | Section 16-7-21.1 shall be guilty of a felony and, upon conviction thereof, shall be 63 |
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| 77 | 77 | | sentenced to a mandatory minimum term of imprisonment of no less than one year, and no64 |
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| 78 | 78 | | portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated,65 |
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| 79 | 79 | | deferred, or withheld by the sentencing court."66 |
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| 80 | 80 | | S. B. 184 |
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| 81 | 81 | | - 3 - 25 LC 48 1486 |
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| 82 | 82 | | SECTION 4. |
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| 83 | 83 | | 67 |
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| 84 | 84 | | Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to68 |
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| 85 | 85 | | rights, duties, and liabilities of innkeepers, is amended by revising Code Section 43-21-3.2,69 |
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| 86 | 86 | | relating to written statement of period of occupancy signed by guest and rights of innkeeper70 |
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| 87 | 87 | | and guest under contract, as follows:71 |
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| 88 | 88 | | "43-21-3.2.72 |
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| 89 | 89 | | (a) |
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| 90 | 90 | | A written statement prominently setting forth in bold type the time period during which73 |
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| 91 | 91 | | a guest may occupy an assigned room, when separately signed or initialed by the guest, is74 |
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| 92 | 92 | | a valid nonassignable contract. At the expiration of such time period, the guest may be75 |
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| 93 | 93 | | restrained from entering such room and any property of the guest shall be subject to the76 |
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| 94 | 94 | | innkeeper's lien as provided by Code Section 43-21-5 and may be removed by the77 |
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| 95 | 95 | | innkeeper to a secure place where the guest may recover his or her property upon payment78 |
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| 96 | 96 | | by such guest of all sums due for food, lodging, or other accommodation without liability79 |
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| 97 | 97 | | to the innkeeper, except for damages to or loss of such property attributable to its removal.80 |
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| 98 | 98 | | If a guest vacates his or her room prior to the date contained in the written statement, that81 |
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| 99 | 99 | | such guest shall not be liable for charges for the time after the room is vacated unless the82 |
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| 100 | 100 | | guest has agreed otherwise before occupying the room.83 |
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| 101 | 101 | | (b)(1) Any guest on the premises at or after the expiration of the time period provided84 |
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| 102 | 102 | | for in subsection (a) of this Code section, whose occupancy has been terminated under85 |
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| 103 | 103 | | Code Section 43-21-3.1, or who does not have a valid contract with the innkeeper shall86 |
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| 104 | 104 | | be subject to ejectment.87 |
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| 105 | 105 | | (2) When the innkeeper, its agent, or its attorney in fact, shall take and subscribe an88 |
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| 106 | 106 | | affidavit, in writing, before any officer authorized to administer an oath setting forth that89 |
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| 107 | 107 | | such innkeeper, its agent, or its attorney in fact claims, in good faith, that the occupancy90 |
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| 108 | 108 | | of a guest has expired or has otherwise been terminated or the guest does not have a valid91 |
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| 109 | 109 | | contract and refuses to vacate the premises, it shall be the duty of the sheriff, sheriff's92 |
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| 110 | 110 | | deputy, constable, marshal, or other individual certified by the Georgia Peace Officer93 |
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| 111 | 111 | | S. B. 184 |
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| 112 | 112 | | - 4 - 25 LC 48 1486 |
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| 113 | 113 | | Standards and Training Council of the county where the inn is located to eject such guest94 |
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| 114 | 114 | | within five days of receiving such affidavit.95 |
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| 115 | 115 | | (3) In the event that such sheriff, sheriff's deputy, constable, marshal, or other individual96 |
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| 116 | 116 | | is unable to eject such guest within the time period provided in paragraph (2) of this97 |
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| 117 | 117 | | subsection, the innkeeper shall be entitled to utilize the services of an off-duty sheriff,98 |
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| 118 | 118 | | sheriff's deputy, constable, marshal, or other individual certified by the Georgia Peace99 |
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| 119 | 119 | | Officer Standards and Training Council to eject such guest.100 |
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| 120 | 120 | | (c) After the sheriff serves the notice to immediately vacate, the property owner or his or101 |
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| 121 | 121 | | her authorized agent may request that the sheriff stand by to keep the peace while the102 |
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| 122 | 122 | | property owner or his or her authorized agent changes the locks and removes the personal103 |
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| 123 | 123 | | property of the unlawful occupant from the premises to or near the property line. When104 |
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| 124 | 124 | | such a request is made, the sheriff may charge a reasonable hourly rate, and the person105 |
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| 125 | 125 | | requesting the sheriff to stand by and keep the peace is responsible for paying the106 |
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| 126 | 126 | | reasonable hourly rate set by the sheriff. The sheriff is not liable to the unlawful occupant107 |
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| 127 | 127 | | or any other party for loss, destruction, or damage of property. The property owner or his108 |
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| 128 | 128 | | or her authorized agent is not liable to an unlawful occupant or any other party for the loss,109 |
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| 129 | 129 | | destruction, or damage to the personal property of such unlawful occupant unless the110 |
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| 130 | 130 | | removal was wrongful.111 |
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| 131 | 131 | | (d) When an innkeeper furnishes accommodations to a guest on a day-to-day or112 |
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| 132 | 132 | | week-to-week basis, an innkeeper-guest relationship shall be presumed to exist regardless113 |
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| 133 | 133 | | of such guest's length of stay at such inn."114 |
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| 134 | 134 | | SECTION 5.115 |
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| 135 | 135 | | All laws and parts of laws in conflict with this Act are repealed. 116 |
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| 136 | 136 | | S. B. 184 |
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| 137 | 137 | | - 5 - |
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