Georgia 2025-2026 Regular Session

Georgia Senate Bill SB222 Compare Versions

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11 25 LC 28 0663
22 Senate Bill 222
33 By: Senators Davenport of the 17th, Sims of the 12th, Anderson of the 43rd, Jones II of the
44 22nd, Mallow of the 2nd 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 the Blind and the Visually Impaired; 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. 222
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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 the Blind and the Visually25
3737 Impaired.26
3838 (b) The Georgia Vocational Rehabilitation Agency Commission for the Blind and the27
3939 Visually Impaired is authorized to provide the property necessary for the industries. The28
4040 Georgia Vocational Rehabilitation Agency Commission for the Blind and the Visually29
4141 Impaired 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 the Blind and the Visually Impaired 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 S. B. 222
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5757 federal government and other states and to individual and corporate dealers in such
5858 44
5959 supplies; shall provide for housing, rationing, hours of labor, scale of pay, or division of45
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 the47
6363 Blind and the Visually Impaired 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
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8787 Rehabilitation Agency Commission for the Blind and the Visually Impaired is authorized70
8888 and directed to pay such compensation from the funds appropriated to and available for the71
8989 agency commission."72
9090 SECTION 4.73
9191 Said title is further amended by adding a new chapter to read as follows:74
9292 "CHAPTER 1175
9393 30-11-1.76
9494 This chapter shall be known and may be cited as the 'Commission for the Blind and the77
9595 Visually Impaired Act.'78
9696 30-11-2.79
9797 As used in this chapter, the term:80
9898 (1) 'Blind or visually impaired' means a person:81
9999 (A) Having a central visual acuity of 20/200 in the better eye with the best corrective82
100100 lens, or a visual field of 20 degrees or less; or83
101101 (B) With a severe visual disability resulting in legal blindness verified by an eye84
102102 examination.85
103103 (2) 'Commission' means the Commission for the Blind and the Visually Impaired.86
104104 30-11-3.87
105105 (a) The purpose for the establishment of the commission is to ensure that people who are88
106106 blind or visually impaired or deaf-blind have access, throughout their lifetimes, to quality89
107107 services throughout the State of Georgia so that they may attain independent living skills,90
108108 maximize successful career opportunities, and increase independence and self-sufficiency91
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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 (b) It is the policy of this state that all programs, projects, and activities of the commission94
114114 shall be carried out in a manner consistent with the following principles:95
115115 (1) Respect for individual dignity, personal responsibility, self-determination, and pursuit96
116116 of meaningful careers, based on informed choice;97
117117 (2) Support for the involvement of an individual's representative if an individual98
118118 requests, desires, or needs such support;99
119119 (3) Respect for the individual's privacy and equal access, including the use of100
120120 information in accessible formats; and101
121121 (4) Integration and full participation of individuals who are blind or visually impaired102
122122 in society on equal terms with others.103
123123 30-11-4.104
124124 (a) The Commission for the Blind and the Visually Impaired is hereby created and105
125125 established to perform the functions and duties set out in this chapter and to assume the106
126126 duties, powers, and authority exercised on June 30, 2025, by the Georgia Vocational107
127127 Rehabilitation Agency with respect to blind or visually impaired persons.108
128128 (b) On and after July 1, 2025, the powers, functions, duties, programs, and authority of the109
129129 Georgia Vocational Rehabilitation Agency relating to blind or visually impaired persons110
130130 shall be performed and exercised by the commission. The commission shall take all111
131131 necessary steps to ensure continuity of services for blind or visually impaired persons112
132132 during such transfer.113
133133 (c) The commission shall be assigned to the Department of Human Services for114
134134 administrative purposes only, as prescribed in Code Section 50-4-3.115
135135 S. B. 222
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137137 30-11-5.116
138138 (a) The commission shall consist of a chairperson and seven members. The Governor117
139139 shall appoint the chairperson and three members, the Speaker of the House of118
140140 Representatives shall appoint two members, and the President of the Senate shall appoint119
141141 two members. The chairperson and members shall be qualified to serve based on120
142142 knowledge and experience in rehabilitation and related services for the blind or visually121
143143 impaired. A majority of the members shall be blind or visually impaired and at least one122
144144 member shall be deaf-blind. At least one of the members appointed by the Governor shall123
145145 have participated in the Business Enterprise Program established under the federal124
146146 Randolph-Sheppard Act of 1936, and at least one of the members appointed by the125
147147 Governor shall have been employed by the Georgia Industries for the Blind. No member126
148148 of the commission shall be employed by the commission during the term of such127
149149 membership.128
150150 (b) The Governor, the Speaker of the House of Representatives, and the President of the129
151151 Senate shall consult with consumer groups representing blind or visually impaired persons130
152152 in this state to obtain their recommendations of individuals to be appointed.131
153153 (c) The appointment of each member and the chairperson shall be for a term of three years,132
154154 except for the terms of the initially appointed members. One member appointed by each133
155155 officer shall serve for an initial term of three years, one member appointed by each officer134
156156 shall serve an initial term of two years, and the chairperson and the other member135
157157 appointed by the Governor shall serve an initial term of one year. Thereafter, all members136
158158 and the chairperson shall be appointed for terms of three years.137
159159 (d) The commission shall meet quarterly and at such other times as it shall determine. The138
160160 chairperson and members of the commission shall receive no salary, but shall be allowed139
161161 the usual mileage, subsistence, and per diem as authorized by law. A majority of the140
162162 members of the commission shall constitute a quorum to transact business.141
163163 S. B. 222
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165165 30-11-6.142
166166 (a) The commission shall appoint an executive director with knowledge and experience143
167167 in rehabilitation and related services for the blind or visually impaired. The executive144
168168 director shall serve as secretary to the commission and shall be the chief administrative145
169169 officer of the commission. The executive director's appointment shall be for an indefinite146
170170 period but may be terminated for cause as determined by a majority of the commission. 147
171171 Preference shall be given to employing an individual who is blind or visually impaired and148
172172 meets the qualifications specified by the commission.149
173173 (b) The executive director shall employ such personnel as are needed and shall fix their150
174174 compensation in a manner consistent with state law.151
175175 30-11-7.152
176176 (a) The commission shall:153
177177 (1) Develop and carry out a state plan for vocational rehabilitation services for154
178178 individuals who are blind or visually impaired pursuant to Section 101 of the federal155
179179 Rehabilitation Act of 1973, as amended;156
180180 (2) Provide independent living services for blind or visually impaired individuals,157
181181 including services for older individuals who are blind or visually impaired, pursuant to158
182182 Title VII of the federal Rehabilitation Act of 1973, as amended;159
183183 (3) Contract with private agencies that provide services for the blind or visually impaired160
184184 to provide prevocational and other training such as, but not limited to, instruction in161
185185 Braille, orientation and mobility for independent travel, homemaking and162
186186 home-management skills, and communications skills, including the use of computer163
187187 technology, to prepare blind and visually impaired persons for eventual vocational164
188188 training, job placement, higher education, home skills such as reading of mail and letter165
189189 writing, and independence;166
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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 (5) Establish and administer an industries for the blind program and serve as the state170
196196 licensing agency;171
197197 (6) Purchase and distribute specialized equipment, devices, and technology, including172
198198 low-vision aids, obtained directly from specialty vendors without state centralized173
199199 purchasing procedures;174
200200 (7) Coordinate with the Georgia Library Service for the Blind and Print Disabled of the175
201201 Office of Public Library Services of the Board of Regents of the University System of176
202202 Georgia to ensure that all offerings of the program administered by the Georgia Library177
203203 Service for the Blind and Print Disabled to provide library services to persons who are178
204204 blind or visually impaired are actively and robustly utilized by as many blind and visually179
205205 impaired persons as possible, including audiobooks, standard library services, Braille180
206206 services, and other physical as well as electronic accommodation options;181
207207 (8) Create and maintain an instructional media center for the production, purchase,182
208208 distribution, reallocation, and warehousing of accessible materials for blind or visually183
209209 impaired children and adults;184
210210 (9) Provide technical assistance in cooperation with other appropriate agencies to assist185
211211 the Department of Education and local boards of education in the provision of auxiliary186
212212 aids and services to blind or visually impaired students and their parents by complying187
213213 with the federal Americans with Disabilities Act, as amended, and the federal Individuals188
214214 with Disabilities Education Act, as amended;189
215215 (10) Provide technical assistance to agencies within this state in order to ensure that190
216216 information technology purchased or used by such agencies is accessible to and usable191
217217 by individuals who are blind or visually impaired at the time the technology is purchased192
218218 or used;193
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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 (12) Conduct a review of consumer satisfaction with programs of the commission and197
225225 perform other functions of the state-wide rehabilitation council specified in198
226226 Section 105(c) of the federal Rehabilitation Act of 1973, as amended;199
227227 (13) Apply for and receive money from any state or federal agency to support the200
228228 programs of the commission and receive on behalf of this state any gifts, donations, or201
229229 bequests from any source to be used in carrying out the commission's duties as described202
230230 in this chapter; and203
231231 (14) Develop and administer any other program which will further the provision of204
232232 services to the blind or visually impaired and is determined by the commission to fall205
233233 within its scope of responsibility.206
234234 (b) The commission may carry out any of the powers and duties enumerated in this Code207
235235 section by contract or cooperative agreement or by the direct administration of any208
236236 program.209
237237 (c) The commission shall promulgate such rules and regulations as are necessary for the210
238238 execution of its functions under this chapter.211
239239 30-11-8.212
240240 The commission is authorized to license blind persons to operate vending facilities under213
241241 its supervision and control, subject to rules and regulations promulgated by the214
242242 commission, on:215
243243 (1) State property;216
244244 (2) County or municipal property;217
245245 S. B. 222
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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 (a) The commission shall oversee the delivery of deaf-blind services and techniques223
253253 provided by an organization pursuant to subsection (c) of this Code section that lead to224
254254 maximum independence and employment for individuals with both a hearing and a vision225
255255 loss. These services shall include, but not be limited to, transition of deaf-blind youth from226
256256 education to the work force; identification of deaf-blind individuals in Georgia;227
257257 communication access for varying groups of individuals and their unique needs; training228
258258 deaf-blind individuals in orientation and mobility, rehabilitation, and Braille; support and229
259259 increase in the number of qualified sign language interpreters working with deaf-blind230
260260 individuals; use of adaptive technologies, such as computers, telebraillers, and TTY231
261261 devices; strategies and techniques to assist deaf-blind individuals in obtaining the highest232
262262 level of independence possible; and peer support which provides access to information,233
263263 people, and places.234
264264 (b) The commission shall, to the greatest extent possible, integrate the services and235
265265 techniques required pursuant to subsection (a) of this Code section into its standard236
266266 practices and procedures with the objective of providing appropriate services in an237
267267 appropriate manner to individuals in the deaf-blind community.238
268268 (c) Subject to appropriations by the General Assembly, the commission shall retain an239
269269 organization knowledgeable on deaf-blind issues to provide the services and techniques240
270270 included in subsection (a) of this Code section to deaf-blind individuals and to provide241
271271 comprehensive training to commission staff on such services and techniques required242
272272 pursuant to subsection (a) of this Code section. Such organization shall be retained no later243
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275275 than six months after funding from appropriations by the General Assembly has been made244
276276 available for expenditure by the commission.245
277277 30-11-10.246
278278 The commission shall publish an annual report including a list of accomplishments,247
279279 findings, and recommendations for improvement based on its activities and performance248
280280 during the year. The report shall contain information needed to evaluate the progress of249
281281 the commission in meeting the needs of blind or visually impaired individuals in this state.250
282282 30-11-11.251
283283 (a) Any applicant for or recipient of services from the commission who is dissatisfied with252
284284 any action taken or decision made regarding such services may file a complaint, setting253
285285 forth the basis for the dissatisfaction and the remedy sought. Upon receipt of the254
286286 complaint, the executive director shall inform the individual of the voluntary process255
287287 available for mediation of the dispute. The mediation, if chosen by the individual, shall be256
288288 conducted by a qualified and impartial mediator, and the cost shall be paid by the257
289289 commission.258
290290 (b) If the dispute cannot be resolved by mediation or other informal means, the executive259
291291 director shall, upon request of the individual, convene an arbitration panel which shall give260
292292 notice, conduct a hearing, and render a decision. The arbitration panel shall be composed261
293293 of three members as follows:262
294294 (1) One individual designated by the individual filing the complaint;263
295295 (2) One individual designated by the executive director; and264
296296 (3) One individual who is an impartial hearing officer, as defined in Section 102 of the265
297297 federal Rehabilitation Act of 1973, agreed upon jointly by the individuals designated266
298298 pursuant to paragraphs (1) and (2) of this subsection. Such individual shall serve as267
299299 chairperson of the arbitration panel and issue the decision.268
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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 SECTION 5.272
306306 Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to the Georgia273
307307 Vocational Rehabilitation Agency, is amended by revising Code Section 49-9-5, relating to274
308308 provision of services to persons with disabilities, as follows:275
309309 "49-9-5.276
310310 The agency shall provide the services authorized by this chapter to persons with disabilities277
311311 determined to be eligible therefor; and, in carrying out the purposes of this chapter, the278
312312 agency is authorized, among other things:279
313313 (1) To cooperate with other departments, agencies, and institutions, both public and280
314314 private, in providing the services authorized by this chapter to persons with disabilities;281
315315 in studying the problems involved therein; and in establishing, developing, and providing,282
316316 in conformity with the purposes of this chapter, such programs, facilities, and services as283
317317 may be necessary or desirable;284
318318 (2) To enter into reciprocal agreements with other states to provide for the services285
319319 authorized by this chapter to residents of the state concerned;286
320320 (3) To conduct research and compile statistics relating to the provision of services or the287
321321 need of services by persons with disabilities;288
322322 (4) To license blind persons or other persons with disabilities, other than blind persons,289
323323 to operate vending facilities under its supervision and control, subject to the terms and290
324324 conditions provided in regulations, policies, and procedures issued pursuant to Code291
325325 Section 49-9-3, on:292
326326 (A) State property;293
327327 (B) County or municipal property;294
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330330 (C) Federal property, pursuant to delegation of authority under the Randolph-Sheppard
331331 295
332332 Act, 20 U.S.C. Section 107(b), and any amendment thereto or any act of Congress296
333333 relating to this subject; and297
334334 (D) Private property; and298
335335 (5) To provide for the establishment, supervision, and control of suitable business299
336336 enterprises to be operated by persons with disabilities."300
337337 SECTION 6.301
338338 Said chapter is further amended by repealing Code Section 49-9-21, relating to delivery of302
339339 deaf-blind services and techniques leading to maximum independence and integration, in its303
340340 entirety.304
341341 SECTION 7.305
342342 Said chapter is further amended by revising Article 2, relating to vending facilities on state306
343343 property, as follows:307
344344 "ARTICLE 2308
345345 49-9-40.309
346346 As used in this article, the term:310
347347 (1) 'State property' means any building, land, or other real property owned, leased, or311
348348 occupied by any department, commission, board, bureau, agency, public corporation, or312
349349 other instrumentality of the state, including, but not limited to, the Georgia Building313
350350 Authority, and any other real property in which the state has a legal or beneficial interest;314
351351 provided, however, the term 'state property'
352352 that such term shall not include any property,315
353353 real or personal, owned or leased or otherwise under the jurisdiction of the Board of316
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356356 Regents of the University System of Georgia, the Georgia Education Authority
357357 317
358358 (University), or any county or independent school system of this state.318
359359 (2) 'Vending facility' means vending stands, vending machines, snack bars, cart service,319
360360 shelters, counters, and such other appropriate facilities and equipment as may be320
361361 necessary for the sale of articles or services by licensed
362362 blind persons licensed by the321
363363 Commission for the Blind and the Visually Impaired or other persons with disabilities322
364364 licensed by the agency, as prescribed by rules and regulations adopted by the323
365365 Commission for the Blind and the Visually Impaired and the agency, respectively.324
366366 49-9-41.325
367367 To effectuate the purposes of this article, it is declared to be public policy of the state that326
368368 on any state property where the Commission for the Blind and the Visually Impaired or the327
369369 board determines it to be feasible to establish a vending facility to be operated by a licensed328
370370 operator as provided in this article and where the agency or department or custodian of329
371371 such property determines that such facility can be established without undue inconvenience330
372372 to the operation being carried on in such state building or property, the preference accorded331
373373 in this article shall require that such vending facility site not be deemed available for letting332
374374 to competitive bidders for revenue-producing purposes unless the Commission for the333
375375 Blind and the Visually Impaired or the board declines to establish on such site a vending334
376376 facility for blind persons or other persons with disabilities. The income to the agency or335
377377 department or custodian controlling the space for such facility sites shall generally not be336
378378 expected to exceed reimbursement for the cost of providing such facility site space and the337
379379 services connected therewith; but in any case where such income exceeds those purposes,338
380380 it shall be paid into the state treasury, subject to certification and audit.339
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383383 49-9-42.
384384 340
385385 For the purpose of providing blind persons or other persons with disabilities with341
386386 remunerative employment, enlarging their economic opportunities, and stimulating them342
387387 to greater effort in striving to make themselves self-supporting, such blind persons who are
388388 343
389389 licensed by the Commission for the Blind and the Visually Impaired pursuant to Code344
390390 Section 30-11-8 or other persons with disabilities who are licensed by the Georgia345
391391 Vocational Rehabilitation Agency agency pursuant to Code Section 49-9-5 shall be346
392392 authorized to operate vending facilities on any state property where such vending facilities347
393393 may be properly and satisfactorily operated by blind persons or other persons with348
394394 disabilities. In authorizing the operation of vending facilities on state property, preference349
395395 shall be given, so far as feasible, to blind persons licensed by the Commission for the Blind350
396396 and the Visually Impaired or other persons with disabilities licensed by the Georgia351
397397 Vocational Rehabilitation Agency agency as provided in this article; and the head of each352
398398 department or agency in control of the maintenance, operation, and protection of state353
399399 property shall, after consultation with the Commission for the Blind and the Visually354
400400 Impaired and the board and with the approval of the Governor, prescribe regulations355
401401 designed to assure such preference (including assignment of vending machine income to356
402402 achieve and protect such preference) for such licensed blind persons or other persons with357
403403 disabilities without unduly inconveniencing such departments and agencies or adversely358
404404 affecting the interests of the state."359
405405 SECTION 8.360
406406 All laws and parts of laws in conflict with this Act are repealed.361
407407 S. B. 222
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