1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 729 By: Rosino
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6 AS INTRODUCED
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7 An Act relating to motor vehicle delivery; amending
7 47 O.S. 2021, Section 584, as last amended by Section
8 4, Chapter 192, O.S.L. 2022 (47 O.S. Supp. 2022,
8 Section 584), which relates to the basis for denial,
9 revocation, or suspension of license; providing
9 certain exemption; and providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 47 O.S. 2021, Section 584, as last
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15 amended by Section 4, Chapter 192, O.S.L. 2022 (47 O.S. Supp. 2022,
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16 Section 584), is amended to read as follows:
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17 Section 584. A. The Oklahoma Used Motor Vehicle and Parts
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18 Commission may deny an application for a license, impose a fine not
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19 to exceed One Thousand Dollars ($1,000.00) per occurrence and/or
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20 revoke or suspend a license after it has been granted, when any
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21 provision of Sections 581 through 588 of this title is violated or
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22 for any of the following reasons:
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 1 1. On satisfactory proof of unfitness of the applicant or the
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2 licensee, as the case may be, under the standards established by
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3 Sections 581 through 588 of this title;
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4 2. For fraud practices or any material misstatement made by an
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5 applicant in any application for license under the provisions of
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6 Sections 581 through 588 of this title;
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7 3. For any willful failure to comply with any provision of
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8 Section 581 et seq. of this title or with any rule promulgated by
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9 the Commission under authority vested in it by Sections 581 through
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10 588 of this title;
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11 4. Change of condition after license is granted resulting in
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12 failure to maintain the qualifications for license;
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13 5. Continued or flagrant violation of any of the rules of the
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14 Commission;
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15 6. Being a used motor vehicle dealer, a used motor vehicle
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16 salesperson, a wholesale used motor vehicle dealer, or a
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17 manufactured home dealer, a restricted manufactured home park
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18 dealer, a manufactured home installer, a manufactured home
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19 salesperson or a manufactured home manufacturer who:
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20 a. resorts to or uses any false or misleading advertising
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21 in connection with business as a used motor vehicle
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22 dealer, wholesale used motor vehicle dealer or a
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23 restricted manufactured home park dealer or
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24 manufactured home dealer, installer or manufacturer,
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 1 b. has committed any unlawful act which resulted in the
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2 revocation of any similar license in another state,
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3 c. has been convicted of a felony crime that
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4 substantially relates to the occupation of a used
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5 motor vehicle dealer, a wholesale used motor vehicle
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6 dealer, a manufactured home dealer, a restricted
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7 manufactured home park dealer, a manufactured home
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8 installer or a manufactured home manufacturer and
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9 poses a reasonable threat to public safety,
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10 d. has committed a fraudulent act in selling, purchasing
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11 or otherwise dealing in motor vehicles or manufactured
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12 homes or has misrepresented the terms and conditions
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13 of a sale, purchase or contract for sale or purchase
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14 of a motor vehicle or manufactured home or any
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15 interest therein including an option to purchase such
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16 motor vehicles or manufactured homes,
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17 e. has engaged in business under a past or present
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18 license issued pursuant to Sections 581 through 588 of
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19 this title, in such a manner as to cause injury to the
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20 public or to those with whom the licensee is dealing,
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21 f. has failed to meet or maintain the conditions and
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22 requirements necessary to qualify for the issuance of
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23 a license,
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 1 g. has failed or refused to furnish and keep in force any
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2 bond required under Sections 581 through 588 of this
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3 title,
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4 h. has installed or attempted to install a manufactured
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5 home in an unworkmanlike manner, or
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6 i. employs a person in connection with the sale of
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7 manufactured homes without first obtaining a
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8 certificate of registration for the person;
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9 7. Being a used motor vehicle dealer who:
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10 a. does not have an established place of business,
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11 b. employs a person in connection with the sale of used
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12 vehicles without first obtaining a certificate of
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13 registration for the person,
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14 c. fails or refuses to furnish or keep in force single
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15 limit liability insurance on any vehicle offered for
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16 sale and otherwise required under the financial
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17 responsibility laws of this state, or
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18 d. is not operating from the address shown on the license
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19 if this change has not been reported to the
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20 Commission; or
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21 8. Being a manufactured home dealer or a restricted
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22 manufactured home park dealer who:
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23 a. does not have an established place of business,
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 1 b. fails or refuses to furnish or keep in force garage
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2 liability and completed operations insurance, or
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3 c. is not operating from the address shown on the license
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4 if this change has not been reported to the
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5 Commission.
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6 B. 1. The Commission shall deny an application for a license,
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7 or revoke or suspend a license after it has been granted, if a
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8 manufactured home dealer does not meet the following guidelines and
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9 restrictions:
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10 a. a display area for manufactured homes which is easily
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11 accessible, with sufficient parking for the public,
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12 b. an office for conducting business where the books,
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13 records, and files are kept, with access to a restroom
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14 for the public,
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15 c. a place of business which meets all zoning, occupancy
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16 and other requirements of the appropriate local
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17 government and regular occupancy by a person, firm, or
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18 corporation engaged in the business of selling
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19 manufactured homes, and
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20 d. a place of business which is separate and apart from
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21 any other dealer’s location.
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22 2. The Commission shall deny an application for a restricted
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23 manufactured home park dealer license, or revoke or suspend a
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 1 license after it has been granted, if a manufactured home park
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2 dealer does not satisfy the following guidelines and restrictions:
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3 a. only mobile or manufactured homes that are “ready for
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4 occupancy” are sold or offered for sale,
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5 b. maintains an office for conducting business where the
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6 books, records, and files are kept, with access to a
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7 restroom for the public,
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8 c. maintains a place of business which meets all zoning,
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9 occupancy and other requirements of the appropriate
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10 local government and regular occupancy by a person,
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11 firm or corporation engaged in the business of selling
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12 manufactured homes inside a park, and
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13 d. maintains a place of business which is separate and
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14 apart from any other dealer’s location.
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15 C. The Commission shall deny an application for a license, or
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16 revoke or suspend a license after it has been granted, if a
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17 manufactured home installer:
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18 1. Installs or attempts to install a manufactured home in a
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19 manner that is not in compliance with installation standards as set
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20 by the Commission pursuant to rule; or
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21 2. Violates or fails to comply with any applicable rule as
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22 promulgated by the Commission concerning manufactured home
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23 installers.
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 1 D. The Commission shall deny an application for a license, or
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2 revoke or suspend a license after it has been granted, if a
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3 manufactured home manufacturer violates or fails to comply with any
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4 applicable rule as promulgated by the Commission concerning
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5 manufactured home manufacturers.
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6 E. The Commission shall deny an application for a license by a
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7 motor vehicle manufacturer or factory if the application is for the
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8 purpose of selling used motor vehicles to any retail consumer in the
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9 state, other than through its retail franchised dealers, or acting
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10 as a broker between a seller and a retail buyer. This subsection
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11 does not prohibit a manufacturer from selling used motor vehicles
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12 where the retail customer is a nonprofit organization or a federal,
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13 state, or local government or agency. This subsection does not
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14 prohibit a manufacturer from providing information to a consumer for
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15 the purpose of marketing or facilitating the sale of used motor
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16 vehicles or from establishing a program to sell or offer to sell
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17 used motor vehicles through the manufacturer’s retail franchised
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18 dealers as provided for in Sections 561 through 580.2 of this title.
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19 This subsection shall not prevent a factory from obtaining a
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20 wholesale used motor vehicle dealer’s license or the factory’s
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21 financing subsidiary from obtaining a wholesale used motor vehicle
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22 dealer’s license.
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23 F. If the Commission denies issuance of a license the
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24 Commission shall provide the grounds for the action to the applicant
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 1 in writing and allow the applicant sixty (60) days to resolve any
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2 issues that are the grounds for the action.
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3 G. Each of the aforementioned grounds for suspension,
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4 revocation, or denial of issuance or renewal of license shall also
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5 constitute a violation of Sections 581 through 588 of this title,
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6 unless the person involved has been tried and acquitted of the
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7 offense constituting such grounds.
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8 The suspension, revocation or refusal to issue or renew a
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9 license or the imposition of any other penalty by the Commission
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10 shall be in addition to any penalty which might be imposed upon any
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11 licensee upon a conviction at law for any violation of Sections 581
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12 through 588 of this title.
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13 H. This section shall not be construed to prohibit a used motor
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14 vehicle dealer from delivering a motor vehicle off site or from
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15 selling a motor vehicle to a customer at the home or place of
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16 business of the customer.
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17 H. I. As used in this section:
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18 1. “Substantially relates” means the nature of criminal conduct
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19 for which the person was convicted has a direct bearing on the
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20 fitness or ability to perform one or more of the duties or
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21 responsibilities necessarily related to the occupation; and
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22 2. “Poses a reasonable threat” means the nature of criminal
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23 conduct for which the person was convicted involved an act or threat
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 1 of harm against another and has a bearing on the fitness or ability
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2 to serve the public or work with others in the occupation.
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3 SECTION 2. This act shall become effective November 1, 2023
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5 59-1-460 JES 1/18/2023 4:21:18 PM
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Statutes affected:
Introduced: 47-584
Floor (Senate): 47-584
Engrossed: 47-584
Amended And Engrossed: 47-584