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Thread: PI LICENSING: Missouri 2007 New Law

  1. #1
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    PI LICENSING: Missouri 2007 New Law

    PROPOSED DEADLINE DATE:
    NOVEMBER 2010:

    Proposed Grace Period: Nov 2009 to Nov 2010

    Both the Start Date and the first stage of accepting applications has been pushed back.

    • Application Start date: Estimated Late Summer 2009
    • Licensing goes into effect: Estimated Late November 2009
    • Grace Period in which License is required: Estimated November 2010


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    NO LICENSE NEEDED,
    IF WORKING FOR THE FOLLOWING:
    :

    Exemptions:
    1. NO PI LICENSE REQUIRED IF: An employee in the regular course of the employee's employment, engaged as a private investigator in investigating matters pertinent to the business of his or her employer or protecting property in the possession of his or her employer, provided there exists an employer-employee relationship;

    2. NO PI LICENSE REQUIRED IF: A private investigator employee or paralegal employee employed and retained by an attorney in assisting in the performance of such duties or investigation on behalf of such attorney;

    3. NO PI LICENSE REQUIRED IF: A private investigator employee of a company or orgranization 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

    4. NO PI LICENSE REQUIRED IF: Performing duties or conducting private investigations relating to serving legal process when such person's investigation is incidental to the serving of legal process.

    5. NO PI LICENSE REQUIRED IF: Any better business bureau or similar organization or any of its employees while engaged in the maintenance of the quality of business activities relating to consumer sales and services;

    6. NO PI LICENSE REQUIRED IF: A consumer reporting agency, as defined in the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 1681a, as amended, provided that the consumer reporting agency is in compliance with the requirements of that act.

    7. NO PI LICENSE REQUIRED IF: The issuance of consumer credit reports;

    8. NO PI LICENSE REQUIRED IF: The conducting of limited background investigations that pertain only to a client's prospective tenant and that are engaged in with the prior written consent of the prospective tenant;

    9. NO PI LICENSE REQUIRED IF: The business of pre-employment background investigations. As used in "business of pre-employment background investigation", and is limited to, furnishing for hire, in person or through a partner or employees, the conducting of limited background investigations, in-person interviews, telephone interviews, or written inquiries that pertain only to a client's prospective employee and the employee's employment and that are engaged in with the prior written consent of the prospective employee.

    10. NO PI LICENSE REQUIRED IF: Personnel placement services who act as employees of such entities engaged in investigating matters related to personnel placement activities;

    11. NO PI LICENSE REQUIRED IF: Certified public insurance adjusters that hold a certificate of authority, while the adjuster is investigating the cause of or responsibility for a fire, accident, or other damage to property with respect to a claim or claims for loss or damage under a policy of insurance covering real or personal property;

    12. NO PI LICENSE REQUIRED IF: An accountant who is registered or certified or any of the accountant's employees while engaged in activities for which the accountant is certified or registered;

    13. NO PI LICENSE REQUIRED IF: A professional engineer who is registered or any of his employees.

    14. NO PI LICENSE REQUIRED IF: An independent insurance adjuster who, as an individual, an independent contractor, an employee of an independent contractor, adjustment bureau association, corporation, insurer, partnership, local recording agent, managing general agent, or self-insurer, engages in the business of independent insurance adjustment, or any person who supervises the handling of claims except while acting as an employee of an insurer licensed in this state while handling claims pertaining to specific policies written by that insurer.

    15. NO PI LICENSE REQUIRED IF: An attorney who adjusts insurance losses incidential [sic] to the practice of law and who does not advertise or represent that he or she is an independent insurance adjuster;

    16. NO PI LICENSE REQUIRED IF: A licensed agent or general agent of an insurer licensed in this state who processes undisputed or uncontested losses for insurers under policies issued by that agent or general agent.

    17. NO PI LICENSE REQUIRED IF: Public officers and employees whose official duties require them to engage in investigatory activities;
    TO OBTAIN A LICENSE TO SOLICIT FOR YOUR OWN CLIENTS:
    1. The "Board of Private Investigator Examiners" is created within the Division of Professional Registration in the Department of Insurance, Financial Institutions and Professional Registration.

    2. The Board consists of five members appointed by the Governor with the advice and consent of the Senate. Each member must be a U.S. citizen, Missouri resident, at least 30 years old, and actively engaged as a private investigator for at least five years. Board members will serve staggered terms of two years.

    3. The Board of Private Investigator Examiners Fund is also created. The act makes it unlawful for persons to engage in the private investigator business unless licensed. Attorneys, collection agencies, and insurers are exempted from licensure. Application requirements are specified. Licensees must be at least 21, a U.S. citizen, and comply with qualifications set by the Board. Persons must also provide proof of liability insurance of at least $250,000, and proof of workers' compensation insurance.

    4. The Board shall ensure applicants complete a course of training conducted by a certified trainer; pass a written examination; and submit to an oral interview with the Board. Complete background checks will be conducted on all applicants. The act grandfathers current private investigators and a license will be issued to such persons who show registration and good standing as a business for two years and $250,000 in business general liability insurance. The Board is given authority to review reciprocity applications. Grounds for denial of licensure are specified.

    5. Persons hired by private investigators must apply for agency licenses separately. The act specifies standards for employees of agencies. The act sets continuing education requirements – 16 hours biennially for licensees and 8 hours for employees of agencies.

    6. The Board shall set the fees for licensure. Licenses must be posted in a conspicuous place in the principal place of business of the licensee. Pocket cards will also be issued to licensees. Licenses shall expire two years after issuance and provisions for renewal are provided.

    7. Licensees may divulge to the Board, law enforcement officers, or a prosecuting attorney information acquired as to any criminal offense. Licensees are prohibited from: knowingly making a false report; causing a report to be submitted that the licensee has not exercised due diligence in ascertaining the facts; giving the impression that the licensee is connected with the federal or state government or any political subdivision; appearing as an assignee in any proceeding; manufacturing false evidence; or creating a video of any person in their home without that person's permission.

    8. Restrictions on record keeping and advertising are specified. License disciplinary procedures are specified. The Board is given rulemaking authority.

    9. The Board shall certify qualified trainers of private investigators. Persons who knowingly falsify fingerprints or photographs required to be submitted is a Class D felony. Violation of other provisions is a Class A misdemeanor unless it is a second or subsequent violation in which case it is a Class D felony.

    10. Provisions for licensure of current law enforcement officers and limitations on their conduct are specified.

    Uninterpreted Exemptions as stated on state web site:

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    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, 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) 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;

    (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; or

    (15) A consumer reporting agency is defined in 15 U.S.C. Section 1681(a) and its contract and salaried employees.

    (L. 2007 H.B. 780)
    *This section was enacted by H.B. 780 and S.B. 308 during the First Regular Session of the 94th General Assembly, 2007. Due to possible conflict, both versions are printed here.

    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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  2. #2
    Wyman Radford - is offline Licensed Private Investigator

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    Re: PI LICENSING: Missouri 2007 New Law

    I am re-locating to Southeast Missouri and I would like to know how we find out the procedures for licenses here.

    I have talked to our city attorrney and this law is so new he has no information.

    Wyman Radford

  3. #3
    David Copeland's Avatar
    David Copeland is offline Administrator
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    Re: PI LICENSING: Missouri 2007 New Law

    Quote Originally Posted by Wyman Radford
    I am re-locating to Southeast Missouri and I would like to know how we find out the procedures for licenses here.

    I have talked to our city attorrney and this law is so new he has no information.

    Wyman Radford
    Rumor has it the law has failed again!

  4. #4
    Wyman Radford - is offline Licensed Private Investigator

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    Cool Re: PI LICENSING: Missouri 2007 New Law

    That rumor may be true. I spoke to Senator Cromwell's secretary today and she said the governing board to license PI's has not been organized yet. She also said to continue business as usual and put me on a mailing list.

    I checked with City hall here in Dexter, Mo. and was told a PI is exempt, I did not need a city license to do business here.

    Wyman Radford

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    Re: PI LICENSING: Missouri 2007 New Law

    Quote Originally Posted by Wyman Radford
    That rumor may be true. I spoke to Senator Cromwell's secretary today and she said the governing board to license PI's has not been organized yet. She also said to continue business as usual and put me on a mailing list.

    I checked with City hall here in Dexter, Mo. and was told a PI is exempt, I did not need a city license to do business here.

    Wyman Radford
    The law will grandfather agencies in if you have an agency for 2 years. Time to get established now.

  6. #6
    Thad James's Avatar
    Thad James is offline Private Investigator Forum Member

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    Re: PI LICENSING: Missouri 2007 New Law

    Ive called the board of private investigators in Jeff City to find out about a license and how to obtain it, they informed me that the laws for testing and board interviews would not even start until the beginning of 2009. But I want to get my license before thin.

  7. #7
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    Re: PI LICENSING: Missouri 2007 New Law

    This topic has been revised again. See Post #1.

    Looks like private investigators who do not have a state PI license will have until November of 2010 to apply for one. As of this date, that means unlicensed private investigators on a state level can continue practicing for another 18-20 months.
    Legal Affairs comments are not intended to be and should absolutely not be taken as legal advice. If you should require legal, tax, or financial advice, you must first enter into a written agreement with only a licensed professional for legal, tax, or financial services, signed by both you and the licensed professional, and paid a retainer in good funds. Legal Affairs is not, nor intends to be, nor solicits to be your licensed professional. Members accessing comments by Legal Affairs are required to be bound by their Terms of Use Agreement regarding Legal Affairs.

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