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59-1750.2.


59-1750.2.


    As used in the Oklahoma Security Guard and Private Investigator
Act, Section 1750.1 et seq. of this title:
    1.  "Client" means any person or legal entity having a contract
with a person or entity licensed pursuant to Section 1750.1 et seq.
of this title, which contract authorizes services to be performed in
return for financial or other considerations;
    2.  "Council" means the Council on Law Enforcement Education and
Training;
    3.  "License" means authorization issued by the Council pursuant
to this act permitting the holder to perform the functions of a
security guard, armed security guard, private investigator,
investigative agency, or security agency;
    4.  "Private investigator" means a person who is self-employed,
or contracts with, or is employed by an investigative agency for the
purpose of conducting a private investigation and reporting the
results to the employer or client of the employer relating to:
         a.   potential or pending litigation, civil, or criminal,
         b.   divorce or other domestic investigations, or
         c.   missing persons or missing property, or
         d.   other lawful investigations, but shall not include:
              (1)  a person authorized or employed by the United
                   States Government, any state government, or any
                   agency, department, or political subdivision
                   thereof while engaged in the performance of
                   official duties,
              (2)  a person or employee of a firm, corporation or
                   other legal entity engaged exclusively in a
                   profession licensed by any board, commission,
                   department or court of this state, or
              (3)  a bona fide, salaried, full-time employee of a
                   firm, corporation or other legal entity not in the
                   primary business of soliciting and providing
                   private investigations, who conducts
                   investigations that are exclusive to and
                   incidental to the primary business of said firm,
                   corporation or entity, and when the costs of such
                   investigations are not charged directly back to
                   the particular client or customer who directly
                   benefits from the investigation;
    5.  "Security agency" means a person, firm, corporation, or other
private legal entity in the business of furnishing another person as
a security guard or armed security guard for hire;
    6.  "Security guard" means an individual contracting with or
employed by a security agency, private business or person to prevent
trespass, theft, misappropriation, wrongful concealment of
merchandise, goods, money or other tangible items, or engaged as a
bodyguard or as a private watchman to protect persons or property,
but shall not include:
         a.   for individuals operating unarmed, any person employed
              as a private watchman or security guard by one employer
              only in connection with the affairs of such employer
              where there exists an employer-employee relationship,
         b.   a full-time certified peace officer of the United
              States, this state, or any political subdivision of
              either,
              (1)  while such peace officer is engaged in the
                   performance of his or her official duties within
                   the course and scope of his or her employment with
                   the United States, this state, or any political
                   subdivision of either, or
              (2)  while such peace officer is engaged in the
                   performance of his or her duties as a railroad
                   police officer, or
              (3)  who receives compensation for private employment
                   on an individual or an individual independent
                   contractual basis as a patrolman, guard, or
                   watchman if such person is employed in an
                   employer-employee relationship or is employed on
                   an individual contractual basis,
         c.   any person whose terms of employment as a security
              guard are governed by a collective bargaining agreement
              on May 9, 1989, and
         d.   any person who is employed as a full-time security
              guard by a financial institution on May 9, 1989;
    7.  "Armed security guard" means a security guard authorized to
carry a firearm;
    8.  "Investigative agency" means a self-employed private
investigator, a firm, a corporation, or other private legal entity in
the business of soliciting the business of private investigation
and/or providing private investigations and investigators;
    9.  "Special event" means a public activity in the form of an
athletic contest, charity event, exposition or similar event that
occurs only on an annual or noncontinuing basis; and
    10.  "Special event license" means a temporary license issued
pursuant to Section 1750.1 et seq. of this title which restricts the
license holder to employment as a security guard only for the
duration of a particular event.



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