324.1102. Board created, members, qualifications, terms--fund created, use of moneys.
Board created, members, qualifications, terms--fund created, use ofmoneys.
324.1102. 1. The "Board of Private Investigator Examiners" is herebycreated within the division of professional registration. The board shallbe a body corporate and may sue and be sued.
2. The board shall be composed of five members, including two publicmembers, appointed by the governor with the advice and consent of thesenate. Except for the public members, each member of the board shall be acitizen of the United States, a resident of Missouri, at least thirty yearsof age, and shall have been actively engaged in the private investigatorbusiness for the previous five years. No more than one privateinvestigator board member may be employed by, or affiliated with, the sameprivate investigator agency. The initial private investigator boardmembers shall not be required to be licensed but shall obtain a licensewithin one hundred eighty days after the effective date of the rulespromulgated under sections 324.1100 to 324.1148 regarding licensure. Thepublic members shall each be a registered voter and a person who is not andnever was a member of any profession licensed or regulated under sections324.1100 to 324.1148 or the spouse of such person; and a person who doesnot have and never has had a material, financial interest in either theproviding of the professional services regulated by sections 324.1100 to324.1148, or an activity or organization directly related to any professionlicensed or regulated under sections 324.1100 to 324.1148. The duties ofthe public members shall not include the determination of the technicalrequirements to be met for licensure or whether any person meets suchtechnical requirements or of the technical competence or technical judgmentof a licensee or a candidate for licensure.
3. The members shall be appointed for terms of two years, exceptthose first appointed, in which case two members, who shall be privateinvestigators, shall be appointed for terms of four years, two membersshall be appointed for terms of three years, and one member shall beappointed for a one-year term. Any vacancy on the board shall be filledfor the unexpired term of the member and in the manner as the firstappointment. No member may serve consecutive terms.
4. The members of the board may receive compensation, as determinedby the director for their services, if appropriate, and shall be reimbursedfor actual and necessary expenses incurred in performing their officialduties on the board.
5. There is hereby created in the state treasury the "Board ofPrivate Investigator Examiners Fund", which shall consist of moneycollected under sections 324.1100 to 324.1148. The state treasurer shallbe custodian of the fund and shall approve disbursements from the fund inaccordance with the provisions of sections 30.170 and 30.180, RSMo. Uponappropriation, money in the fund shall be used solely for theadministration of sections 324.1100 to 324.1148. The provisions of section33.080, RSMo, to the contrary notwithstanding, money in this fund shall notbe transferred and placed to the credit of general revenue until the amountin the fund at the end of the biennium exceeds two times the amount of theappropriation from the board's funds for the preceding fiscal year or, ifthe board requires by rule permit renewal less frequently than yearly, thenthree times the appropriation from the board's funds for the precedingfiscal year. The amount, if any, in the fund which shall lapse is thatamount in the fund which exceeds the appropriate multiple of theappropriations from the board's funds for the preceding fiscal year.
(L. 2007 H.B. 780)Board created, members, qualifications, terms--fund created, use ofmoneys.*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 of this section are printed here.
324.1102. 1. The "Board of Private Investigator Examiners" is herebycreated within the division of professional registration. The board shallbe a body corporate and may sue and be sued.
2. The board shall be composed of five members, including two publicmembers, appointed by the governor with the advice and consent of thesenate. Except for the public members, each member of the board shall be acitizen of the United States, a resident of Missouri, at least thirty yearsof age, and shall have been actively engaged in the private investigatorbusiness for the previous five years. No more than one privateinvestigator board member may be employed by, or affiliated with, the sameprivate investigator agency. The initial private investigator boardmembers shall not be required to be licensed but shall obtain a licensewithin one hundred eighty days after the effective date of the rulespromulgated under sections 324.1100 to 324.1148 regarding licensure. Thepublic members shall each be a registered voter and a person who is not andnever was a member of any profession licensed or regulated under sections324.1100 to 324.1148 or the spouse of such person; and a person who doesnot have and never has had a material, financial interest in either theproviding of the professional services regulated by sections 324.1100 to324.1148, or an activity or organization directly related to any professionlicensed or regulated under sections 324.1100 to 324.1148. The duties ofthe public members shall not include the determination of the technicalrequirements to be met for licensure or whether any person meets suchtechnical requirements or of the technical competence or technical judgmentof a licensee or a candidate for licensure.
3. The members shall be appointed for terms of two years, exceptthose first appointed, in which case two members, who shall be privateinvestigators, shall be appointed for terms of four years, two membersshall be appointed for terms of three years, and one member shall beappointed for a one-year term. Any vacancy on the board shall be filledfor the unexpired term of the member and in the manner as the firstappointment. No member may serve consecutive terms.
4. The members of the board may receive compensation, as determinedby the director for their services, if appropriate, and shall be reimbursedfor actual and necessary expenses incurred in performing their officialduties on the board.
5. There is hereby created in the state treasury the "Board ofPrivate Investigator Examiners Fund", which shall consist of moneycollected under sections 324.1100 to 324.1148. The state treasurer shallbe custodian of the fund and shall approve disbursements from the fund inaccordance with the provisions of sections 30.170 and 30.180, RSMo. Uponappropriation, money in the fund shall be used solely for theadministration of sections 324.1100 to 324.1148. Notwithstanding theprovisions of section 33.080, RSMo, to the contrary, any moneys remainingin the fund at the end of the biennium shall not revert to the credit ofthe general revenue fund. The state treasurer shall invest moneys in thefund in the same manner as other funds are invested. Any interest andmoneys earned on such investments shall be credited to the fund.
(L. 2007 S.B. 308)*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 of this section are printed here.