1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3786 By: George
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6 AS INTRODUCED
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7 An Act relating to professions and occupations;
7 amending 59 O.S. 2021, Sections 1750.3A and 1750.6,
8 which relate to the Oklahoma Security Guard and
8 Private Investigation Act; extending period of
9 exemption for retired peace officers; exempting
9 retired peace officers from certain application
10 requirements; 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 59 O.S. 2021, Section 1750.3A, is
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15 amended to read as follows:
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16 Section 1750.3A A. Each applicant for an armed security guard
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17 license or armed private investigator license shall be administered
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18 any current standard form of the Minnesota Multiphasic Personality
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19 Inventory (MMPI), or other psychological evaluation instrument
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20 approved by the Council on Law Enforcement Education and Training,
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21 which shall be administered during the firearms training phase
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22 required by Section 1750.3 of this title. The security training
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23 school administering such instrument shall forward the response data
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24 to a psychologist licensed by the Oklahoma State Board of Examiners
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 1 of Psychologists for evaluation. The licensed psychologist shall be
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2 of the applicant's choice. Applicants with comparable training
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3 shall complete the psychological test and evaluation requirements
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4 prior to licensing. It shall be the responsibility of the applicant
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5 to bear the cost of the psychological evaluation.
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6 B. If the licensed psychologist is unable to certify the
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7 applicant's psychological capability to exercise appropriate
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8 judgment, restraint, and self-control, after evaluating the data,
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9 the psychologist shall employ whatever other psychological measuring
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10 instruments or techniques deemed necessary to form a professional
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11 opinion. The use of any psychological measuring instruments or
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12 techniques shall require a full and complete written explanation to
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13 the Council on Law Enforcement Education and Training.
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14 C. The psychologist shall forward a written psychological
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15 evaluation, on a form prescribed by the Council, to the Council
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16 within fifteen (15) days of the evaluation, even if the applicant is
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17 found to be psychologically at risk. The Council may utilize the
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18 results of the psychological evaluation for up to six (6) months
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19 from the date of the evaluation after which the applicant shall be
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20 reexamined. No person who has been found psychologically at risk in
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21 the exercise of appropriate judgment, restraint, or self-control
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22 shall reapply for licensing until one (1) year from the date of
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23 being found psychologically at risk.
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 1 D. 1. Active full-time peace officers who have been certified
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2 as full-time peace officers by the Council on Law Enforcement
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3 Education and Training shall be exempt from the provisions of this
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4 section.
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5 2. Retired full-time peace officers who have been certified as
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6 full-time peace officers by the Council on Law Enforcement Education
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7 and Training shall be exempt from the provisions of this section for
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8 a period of one (1) year five (5) years from retirement.
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9 3. Retired peace officers who are not exempt from this section
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10 and who have previously undergone treatment for a mental illness,
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11 condition, or disorder which required medication or supervision, as
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12 defined by paragraph 7 of Section 1290.10 of Title 21 of the
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13 Oklahoma Statutes may apply for an armed security guard license or
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14 armed private investigator license only after three (3) years from
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15 the last date of treatment or upon presentation of a certified
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16 statement from a licensed physician stating that the person is
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17 either no longer disabled by any mental or psychiatric illness,
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18 condition, or disorder or that the person has been stabilized on
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19 medication for ten (10) years or more.
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20 E. The Council on Law Enforcement Education and Training shall
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21 not issue or renew an armed security guard license, armed private
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22 investigator license, armed bail enforcer license or any other
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23 license permitting a person to carry a firearm or weapon if the
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24 applicant has been involuntarily committed for a mental illness,
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 1 condition or disorder pursuant to the provisions of Section 5-410 of
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2 Title 43A of the Oklahoma Statutes or any involuntary commitment in
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3 another state pursuant to the provisions of law of that state. The
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4 preclusive period shall be permanent as provided by Section
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5 922(g)(4) of Title 18 of the United States Code, unless the person
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6 has been granted relief from the disqualifying disability pursuant
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7 to Section 1290.27 of Title 21 of the Oklahoma Statutes.
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8 SECTION 2. AMENDATORY 59 O.S. 2021, Section 1750.6, is
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9 amended to read as follows:
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10 Section 1750.6 A. 1. Application for a license shall be made
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11 on forms provided by the Council on Law Enforcement Education and
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12 Training and shall be submitted in writing by the applicant under
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13 oath. The application shall require the applicant to furnish
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14 information reasonably required by the Council to implement the
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15 provisions of the Oklahoma Security Guard and Private Investigator
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16 Act, including classifiable fingerprints to enable the search of
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17 criminal indices for evidence of a prior criminal record, including,
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18 but not limited to, a national criminal history record check as
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19 defined by Section 150.9 of Title 74 of the Oklahoma Statutes.
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20 2. Upon request of the Council, the Oklahoma State Bureau of
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21 Investigation and other state and local law enforcement agencies
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22 shall furnish a copy of any existent criminal history data relating
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23 to an applicant, including investigation reports which are otherwise
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24 required by law to be deemed confidential, to enable the Council to
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 1 determine the qualifications and fitness of such applicant for a
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2 license.
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3 3. A retired peace officer applying for an armed security guard
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4 license or armed private investigator license or a combination
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5 thereof shall not be required to provide a set of classifiable
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6 fingerprints to the Council and shall be exempt from the provisions
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7 of paragraph 2 of this subsection upon submitting to the Council a
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8 notarized letter confirming that the peace officer retired in good
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9 standing from a law enforcement agency within this state.
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10 B. 1. a. An original application and any license renewal shall
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11 be accompanied by a fee of Fifty Dollars ($50.00) for
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12 each original application and renewal of a private
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13 investigator or an unarmed security guard, One Hundred
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14 Dollars ($100.00) for each original application and
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15 renewal of an armed security guard or an armed private
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16 investigator; provided however, an active certified
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17 peace officer upon application or renewal of an armed
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18 security guard or armed private investigator shall be
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19 charged only twenty percent (20%) of the required fee,
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20 Seven Dollars ($7.00) for each special event license,
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21 and Three Hundred Dollars ($300.00) for either the
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22 original application or each renewal for a security
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23 agency or investigative agency. If an individual or
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24 agency does not qualify for the type of license or
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 1 renewal license requested, CLEET shall retain twenty
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2 percent (20%) of the licensing fee as a processing fee
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3 and refund the remaining amount, if any, to the
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4 remitter. The individual license fee paid by a
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5 licensed agency will be refunded to the agency.
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6 b. In addition to the fees provided in this subsection,
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7 the original application of an unarmed private
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8 investigator, unarmed security guard, armed security
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9 guard or armed private investigator shall be
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10 accompanied by a nonrefundable fee for a national
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11 criminal history record with fingerprint analysis, as
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12 provided in Section 150.9 of Title 74 of the Oklahoma
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13 Statutes.
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14 c. A refund request for any reason other than
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15 disqualification or denial shall be made in writing
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16 and submitted within six (6) months of the date
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17 payment was received.
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18 2. A licensee whose license has been suspended may apply for
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19 reinstatement of license after the term of the suspension has
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20 passed. Any application for reinstatement following a suspension of
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21 licensure shall be accompanied by a nonrefundable fee of Twenty-five
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22 Dollars ($25.00) for the reinstatement of a private investigator or
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23 unarmed security guard, Fifty Dollars ($50.00) for the reinstatement
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24 of an armed security guard or armed private investigator, and Two
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 1 Hundred Dollars ($200.00) for reinstatement of a security or
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2 investigative agency.
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3 3. A licensee who fails to file a renewal application on or
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4 before the expiration of a license shall pay a non-refundable late
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5 fee of Twenty-five Dollars ($25.00) for an individual license and a
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6 late fee of One Hundred Dollars ($100.00) for an agency license. A
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7 license application received more than thirty (30) days after the
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8 expiration date is not renewable and the applicant must complete a
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9 new application.
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10 4. The fees charged and collected pursuant to the provisions of
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11 this subsection shall be deposited to the credit of the CLEET
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12 Private Security Revolving Fund. The prevailing fingerprint
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13 processing fee for the original application for a private
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14 investigator, an unarmed security guard, an armed security guard or
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15 an armed private investigator shall be deposited in the OSBI
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16 Revolving Fund.
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17 C. A Security Guard License, Armed Security Guard License,
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18 Private Investigator License, or Armed Private Investigator License
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19 shall be valid for a period of three (3) years and may be renewed
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20 for additional three-year terms. A Security Agency License or
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21 Investigative Agency License shall be valid for a period of five (5)
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22 years and may be renewed for additional five-year terms. A special
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23 event license shall be valid only for the duration of the event for
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 1 which it is expressly issued. Any individual may be issued up to
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2 two special event licenses during any calendar year.
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3 D. The Council shall devise a system for issuance of licenses
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4 for the purpose of evenly distributing the expiration dates of the
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5 licenses.
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6 E. Pursuant to its rules, the Council may issue a duplicate
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7 license to a person licensed pursuant to the provisions of the
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8 Oklahoma Security Guard and Private Investigator Act. The Council
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9 may assess a fee of Ten Dollars ($10.00) for the issuance of a
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10 duplicate license. The fee must accompany the request for a
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11 duplicate license.
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12 SECTION 3. This act shall become effective November 1, 2024.
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14 59-2-9857 GRS 01/18/24
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