Bill Text: MO HB1779 | 2010 | Regular Session | Introduced
Bill Title: Specifies that a certified public accountant licensed by any state who performs certain duties will not be deemed to be engaging in the practice of private investigation
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-05-14 - Refer: Spec Stand Com on Pro. Registration & Licensing (H) [HB1779 Detail]
Download: Missouri-2010-HB1779-Introduced.html
SECOND REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES HOSKINS (121) (Sponsor), WILSON (130), NOLTE, FUNDERBURK, SCHAD, WELLS, RUESTMAN, DOUGHERTY, ALLEN, McNARY, BIVINS, SCHARNHORST, STEVENSON, ZERR, TRACY, JONES (89), HODGES, SCHOEMEHL, FISHER (125), SATER AND SCHIEFFER (Co-sponsors).
4326L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal section 324.1106 as enacted by conference committee substitute for senate substitute for senate committee substitute for house committee substitute for house bill no. 780, ninety-fourth general assembly, first regular session and section 324.1106 as enacted by conference committee substitute no. 2 for house committee substitute for senate committee substitute for senate bill no. 308, ninety-fourth general assembly, first regular session and to enact in lieu thereof one new section relating to the business of private investigation.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 324.1106 as enacted by conference committee substitute for senate substitute for senate committee substitute for house committee substitute for house bill no. 780, ninety-fourth general assembly, first regular session, and section 324.1106 as enacted by conference committee substitute no. 2 for house committee substitute for senate committee substitute for senate bill no. 308, ninety-fourth general assembly, first regular session are repealed and one new section enacted in lieu thereof, to be known as section 324.1106, to read as follows:
324.1106. The following persons shall not be deemed to be engaging in the private investigator business:
(1) A person employed exclusively and regularly by one employer in connection only with the affairs of such employer and where there exists an employer-employee relationship;
(2) Any officer or employee of the United States, or of this state or a political subdivision thereof while engaged in the performance of the officer's or employee's official duties;
(3) Any employee, agent, or independent contractor employed by any government agency, division, or department of the state whose work relationship is established by a written contract while working within the scope of employment established under such contract;
(4) An attorney performing duties as an attorney, or an attorney's paralegal or employee retained by such attorney assisting in the performance of such duties or investigation on behalf of such attorney;
(5) A certified public accountant, performing duties as a certified public accountant, who holds an active license issued by any state and the employees of such certified public accountant or firm assisting in the performance of duties or investigation on behalf of such certified public accountant or firm;
(6) A collection agency or an employee thereof while acting within the scope of employment, while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or a debtor's property where the contract with an assignor creditor is for the collection of claims owed or due, or asserted to be owed or due, or the equivalent thereof;
[(6)] (7) Insurers and insurance producers licensed by the state, performing duties in connection with insurance transacted by them;
[(7)] (8) Any bank subject to the jurisdiction of the director of the division of finance of the state of Missouri or the comptroller of currency of the United States;
[(8)] (9) An insurance adjuster. For the purposes of sections 324.1100 to 324.1148, an "insurance adjuster" means any person who receives any consideration, either directly or indirectly, for adjusting in the disposal of any claim under or in connection with a policy of insurance or engaging in soliciting insurance adjustment business;
[(9)] (10) Any private fire investigator whose primary purpose of employment is the determination of the origin, nature, cause, or calculation of losses relevant to a fire;
[(10)] (11) Employees of a not-for-profit organization or its affiliate or subsidiary, whether for-profit or not-for-profit, whose investigatory activities are limited to making and processing requests for criminal history records and other background information from state, federal, or local databases, including requests for employee background check information under section 660.317, RSMo;
[(11)] (12) Any real estate broker, real estate salesperson, or real estate appraiser acting within the scope of his or her license;
[(12)] (13) Expert witnesses who have been certified or accredited by a national or state association associated with the expert's scope of expertise;
[(13)] (14) Any person who does not hold themselves out to the public as a private investigator but is under contract with a state agency or political subdivision;
[(14)] (15) Any person performing duties or conducting investigations relating to serving legal process when such person's investigation is incidental to the serving of legal process; or
[(15)] (16) A consumer reporting agency is defined in 15 U.S.C. Section 1681(a) and its contract and salaried employees.
[324.1106. The following persons shall not be deemed to be engaging in the private investigator business:
(1) A person employed exclusively and regularly by one employer in connection only with the affairs of such employer and where there exists an employer-employee relationship;
(2) Any officer or employee of the United States, or of this state or a political subdivision thereof while engaged in the performance of the officer's or employee's official duties;
(3) Any employee, agent, or independent contractor employed by any government agency, division, or department of the state whose work relationship is established by a written contract while working within the scope of employment established under such contract;
(4) An attorney performing duties as an attorney, or an attorney's paralegal or employee retained by such attorney assisting in the performance of such duties or investigation on behalf of such attorney;
(5) A collection agency or an employee thereof while acting within the scope of employment, while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or a debtor's property where the contract with an assignor creditor is for the collection of claims owed or due, or asserted to be owed or due, or the equivalent thereof;
(6) Insurers and insurance producers licensed by the state, performing duties in connection with insurance transacted by them;
(7) Any bank subject to the jurisdiction of the director of the division of finance of the state of Missouri or the comptroller of currency of the United States;
(8) An insurance adjuster. For the purposes of sections 324.1100 to 324.1148, an "insurance adjuster" means any person who receives any consideration, either directly or indirectly, for adjusting in the disposal of any claim under or in connection with a policy of insurance or engaging in soliciting insurance adjustment business;
(9) Any private fire investigator whose primary purpose of employment is the determination of the origin, nature, cause, or calculation of losses relevant to a fire;
(10) Employees of a not-for-profit organization or its affiliate or subsidiary who makes and processes requests on behalf of health care providers and facilities for employee criminal and other background information under section 660.317, RSMo;
(11) Any real estate broker, real estate salesperson, or real estate appraiser acting within the scope of his or her license;
(12) Expert witnesses who have been certified or accredited by a national or state association associated with the expert's scope of expertise;
(13) Any person who does not hold themselves out to the public as a private investigator but is under contract with a state agency or political subdivision; or
(14) Any person performing duties or conducting investigations relating to serving legal process when such person's investigation is incidental to the serving of legal process;
(15) A consumer reporting agency as defined in 15 U.S.C. Section 1681(a) and its contract and salaried employees.]
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