1 | 1 | | |
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2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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3 | 3 | | and is intended to be omitted in the law. |
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4 | 4 | | FIRST REGULAR SESSION |
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5 | 5 | | SENATE BILL NO. 283 |
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6 | 6 | | 103RD GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR BROWN (26). |
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8 | 8 | | 1402S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To repeal section 324.009, RSMo, and to enact in lieu thereof one new section relating to licensure |
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11 | 11 | | reciprocity for spouses of law enforcement officers. |
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12 | 12 | | |
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13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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14 | 14 | | Section A. Section 324.009, RSMo, is repealed and one new 1 |
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15 | 15 | | section enacted in lieu thereof, to be known as section 324.009, 2 |
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16 | 16 | | to read as follows:3 |
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17 | 17 | | 324.009. 1. For purposes of this section, the 1 |
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18 | 18 | | following terms mean: 2 |
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19 | 19 | | (1) "License", a license, certificate, registration, 3 |
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20 | 20 | | permit, accreditation, or military occupational speciality 4 |
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21 | 21 | | that enables a person to legally practice an occupat ion or 5 |
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22 | 22 | | profession in a particular jurisdiction; 6 |
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23 | 23 | | (2) "Military", the Armed Forces of the United States 7 |
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24 | 24 | | including the Air Force, Army, Coast Guard, Marine Corps, 8 |
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25 | 25 | | Navy, Space Force, National Guard and any other military 9 |
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26 | 26 | | branch that is designated by Congress as part of the Armed 10 |
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27 | 27 | | Forces of the United States, and all reserve components and 11 |
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28 | 28 | | auxiliaries. Such term also includes the military reserves 12 |
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29 | 29 | | and militia of any United States territory or state; 13 |
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30 | 30 | | (3) "Missouri law enforcement officer", any person 14 |
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31 | 31 | | employed by or otherwise serving in a position for the state 15 |
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32 | 32 | | or a local governmental entity as a police officer, peace 16 |
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33 | 33 | | officer certified under chapter 590, auxiliary police 17 |
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34 | 34 | | officer, sheriff, sheriff's deputy, member of the patrol as 18 SB 283 2 |
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35 | 35 | | that term is defined in section 43.010, or in some like 19 |
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36 | 36 | | position involving the enforcement of the law and protection 20 |
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37 | 37 | | of the public interest at the risk of that person's life and 21 |
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38 | 38 | | who is a permanent resident of the state of Missouri or who 22 |
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39 | 39 | | is domiciled in the state of Missouri; 23 |
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40 | 40 | | (4) "Nonresident military spouse", a nonresident 24 |
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41 | 41 | | spouse of an active duty member of the Armed Forces of the 25 |
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42 | 42 | | United States who has been transferred or is scheduled to be 26 |
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43 | 43 | | transferred to the state of Missouri, or who has been 27 |
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44 | 44 | | transferred or is scheduled to be transferred to an adjacent 28 |
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45 | 45 | | state and is or will be domiciled in the state of Missouri, 29 |
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46 | 46 | | or has moved to the state of Missouri on a permanent change - 30 |
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47 | 47 | | of-station basis; 31 |
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48 | 48 | | [(4)] (5) "Oversight body", any board, department, 32 |
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49 | 49 | | agency, or office of a jurisdiction that issues licenses; 33 |
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50 | 50 | | [(5)] (6) "Resident military or law enforcement 34 |
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51 | 51 | | spouse", a spouse of an active duty member of the Armed 35 |
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52 | 52 | | Forces of the United States who has been transferred or is 36 |
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53 | 53 | | scheduled to be transferred to the state of Missouri or an 37 |
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54 | 54 | | adjacent state and who is a permanent resident of the state 38 |
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55 | 55 | | of Missouri, who is domiciled in the state of Missouri, or 39 |
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56 | 56 | | who has Missouri as his or her home of record or a spouse of 40 |
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57 | 57 | | a Missouri law enforcement officer who is a permanent 41 |
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58 | 58 | | resident of the state of Missouri, who is domiciled in the 42 |
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59 | 59 | | state of Missouri, or who has Missouri as his or her home of 43 |
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60 | 60 | | record. 44 |
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61 | 61 | | 2. Any person who holds a valid current license issued 45 |
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62 | 62 | | by another state, a branch or unit of the military, a 46 |
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63 | 63 | | territory of the United States, or the District of Columbia, 47 |
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64 | 64 | | and who has been licensed for at least one year in such 48 |
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65 | 65 | | other jurisdiction, may submit an application for a license 49 |
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66 | 66 | | in Missouri in the same occupation or profession, and at the 50 SB 283 3 |
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67 | 67 | | same practice level, for which he or she holds the current 51 |
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68 | 68 | | license, along with proof of current licensure and proof of 52 |
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69 | 69 | | licensure for at least one year in the other jurisdiction, 53 |
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70 | 70 | | to the relevant oversight body in this state. 54 |
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71 | 71 | | 3. The oversight body in this state shall: 55 |
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72 | 72 | | (1) Within six months of receiving an application 56 |
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73 | 73 | | described in subsection 2 of this section, waive any 57 |
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74 | 74 | | examination, educational, or experience requirements for 58 |
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75 | 75 | | licensure in this state for the applicant if it determines 59 |
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76 | 76 | | that there were minimum education requirements and, if 60 |
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77 | 77 | | applicable, work experience and clinical supervision 61 |
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78 | 78 | | requirements in effect and the other state verifies that the 62 |
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79 | 79 | | person met those requirements in order to be licensed or 63 |
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80 | 80 | | certified in that state. An oversight body that administers 64 |
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81 | 81 | | an examination on laws of this state as part of its 65 |
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82 | 82 | | licensing application requirement may require an applicant 66 |
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83 | 83 | | to take and pass an examination specific to the laws of this 67 |
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84 | 84 | | state; or 68 |
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85 | 85 | | (2) Within thirty days of receiving an applicati on 69 |
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86 | 86 | | described in subsection 2 of this section from a nonresident 70 |
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87 | 87 | | military or law enforcement spouse or a resident military 71 |
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88 | 88 | | spouse, waive any examination, educational, or experience 72 |
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89 | 89 | | requirements for licensure in this state for the applicant 73 |
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90 | 90 | | and issue such applicant a license under this section if 74 |
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91 | 91 | | such applicant otherwise meets the requirements of this 75 |
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92 | 92 | | section. 76 |
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93 | 93 | | 4. (1) The oversight body shall not waive any 77 |
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94 | 94 | | examination, educational, or experience requirements for any 78 |
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95 | 95 | | applicant who has had his or her license revoked by an 79 |
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96 | 96 | | oversight body outside the state; who is currently under 80 |
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97 | 97 | | investigation, who has a complaint pending, or who is 81 |
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98 | 98 | | currently under disciplinary action, except as provided in 82 SB 283 4 |
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99 | 99 | | subdivision (2) of this subsection, with an oversight b ody 83 |
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100 | 100 | | outside the state; who does not hold a license in good 84 |
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101 | 101 | | standing with an oversight body outside the state; who has a 85 |
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102 | 102 | | criminal record that would disqualify him or her for 86 |
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103 | 103 | | licensure in Missouri; or who does not hold a valid current 87 |
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104 | 104 | | license in the other jurisdiction on the date the oversight 88 |
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105 | 105 | | body receives his or her application under this section. 89 |
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106 | 106 | | (2) If another jurisdiction has taken disciplinary 90 |
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107 | 107 | | action against an applicant, the oversight body shall 91 |
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108 | 108 | | determine if the cause for the action was c orrected and the 92 |
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109 | 109 | | matter resolved. If the matter has not been resolved by 93 |
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110 | 110 | | that jurisdiction, the oversight body may deny a license 94 |
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111 | 111 | | until the matter is resolved. 95 |
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112 | 112 | | 5. Nothing in this section shall prohibit the 96 |
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113 | 113 | | oversight body from denying a license t o an applicant under 97 |
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114 | 114 | | this section for any reason described in any section 98 |
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115 | 115 | | associated with the occupation or profession for which the 99 |
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116 | 116 | | applicant seeks a license. 100 |
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117 | 117 | | 6. Any person who is licensed under the provisions of 101 |
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118 | 118 | | this section shall be subject to the applicable oversight 102 |
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119 | 119 | | body's jurisdiction and all rules and regulations pertaining 103 |
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120 | 120 | | to the practice of the licensed occupation or profession in 104 |
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121 | 121 | | this state. 105 |
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122 | 122 | | 7. This section shall not be construed to waive any 106 |
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123 | 123 | | requirement for an applicant to pay any fees, post any bonds 107 |
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124 | 124 | | or surety bonds, or submit proof of insurance associated 108 |
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125 | 125 | | with the license the applicant seeks. 109 |
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126 | 126 | | 8. This section shall not apply to business, 110 |
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127 | 127 | | professional, or occupational licenses issued or required by 111 |
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128 | 128 | | political subdivisions. 112 SB 283 5 |
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129 | 129 | | 9. The provisions of this section shall not impede an 113 |
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130 | 130 | | oversight body's authority to require an applicant to submit 114 |
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131 | 131 | | fingerprints as part of the application process. 115 |
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132 | 132 | | 10. The provisions of this section shall not apply to 116 |
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133 | 133 | | an oversight body that has entered into a licensing compact 117 |
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134 | 134 | | with another state for the regulation of practice under the 118 |
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135 | 135 | | oversight body's jurisdiction. The provisions of this 119 |
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136 | 136 | | section shall not be construed to alter the authority 120 |
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137 | 137 | | granted by, or any requirements promulgat ed pursuant to, any 121 |
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138 | 138 | | interjurisdictional or interstate compacts adopted by 122 |
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139 | 139 | | Missouri statute or any reciprocity agreements with other 123 |
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140 | 140 | | states in effect on August 28, 2018, and whenever possible 124 |
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141 | 141 | | this section shall be interpreted so as to imply no conflict 125 |
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142 | 142 | | between it and any compact, or any reciprocity agreements 126 |
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143 | 143 | | with other states in effect on August 28, 2018. 127 |
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144 | 144 | | 11. Notwithstanding any other provision of law, a 128 |
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145 | 145 | | license issued under this section shall be valid only in 129 |
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146 | 146 | | this state and shall not make a l icensee eligible to be part 130 |
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147 | 147 | | of an interstate compact. An applicant who is licensed in 131 |
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148 | 148 | | another state pursuant to an interstate compact shall not be 132 |
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149 | 149 | | eligible for licensure by an oversight body under the 133 |
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150 | 150 | | provisions of this section. 134 |
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151 | 151 | | 12. The provisions of this section shall not apply to 135 |
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152 | 152 | | any occupation set forth in subsection 6 of section 290.257, 136 |
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153 | 153 | | or any electrical contractor licensed under sections 324.900 137 |
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154 | 154 | | to 324.945. 138 |
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155 | 155 | | |
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