324.1106. Persons deemed not to be engaging in private investigation business.
Persons deemed not to be engaging in private investigation business.
324.1106. The following persons shall not be deemed to be engaging inthe private investigator business:
(1) A person employed exclusively and regularly by one employer inconnection only with the affairs of such employer and where there exists anemployer-employee relationship;
(2) Any officer or employee of the United States, or of this state ora political subdivision thereof while engaged in the performance of theofficer's or employee's official duties;
(3) Any employee, agent, or independent contractor employed by anygovernment agency, division, or department of the state whose workrelationship is established by a written contract while working within thescope of employment established under such contract;
(4) An attorney performing duties as an attorney, or an attorney'sparalegal or employee retained by such attorney assisting in theperformance of such duties or investigation on behalf of such attorney;
(5) A collection agency or an employee thereof while acting withinthe scope of employment, while making an investigation incidental to thebusiness of the agency, including an investigation of the location of adebtor or a debtor's property where the contract with an assignor creditoris 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 thedivision of finance of the state of Missouri or the comptroller of currencyof the United States;
(8) An insurance adjuster. For the purposes of sections 324.1100 to324.1148, an "insurance adjuster" means any person who receives anyconsideration, either directly or indirectly, for adjusting in the disposalof any claim under or in connection with a policy of insurance or engagingin soliciting insurance adjustment business;
(9) Any private fire investigator whose primary purpose of employmentis the determination of the origin, nature, cause, or calculation of lossesrelevant to a fire;
(10) Employees of a not-for-profit organization or its affiliate orsubsidiary, whether for-profit or not-for-profit, whose investigatoryactivities are limited to making and processing requests for criminalhistory records and other background information from state, federal, orlocal databases, including requests for employee background checkinformation under section 660.317, RSMo;
(11) Any real estate broker, real estate salesperson, or real estateappraiser acting within the scope of his or her license;
(12) Expert witnesses who have been certified or accredited by anational or state association associated with the expert's scope ofexpertise;
(13) Any person who does not hold themselves out to the public as aprivate investigator but is under contract with a state agency or politicalsubdivision;
(14) Any person performing duties or conducting investigationsrelating to serving legal process when such person's investigation isincidental to the serving of legal process; or
(15) A consumer reporting agency is defined in 15 U.S.C. Section1681(a) and its contract and salaried employees.
(L. 2007 H.B. 780)Persons deemed not to be engaging in private investigation business.*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 inthe private investigator business:
(1) A person employed exclusively and regularly by one employer inconnection only with the affairs of such employer and where there exists anemployer-employee relationship;
(2) Any officer or employee of the United States, or of this state ora political subdivision thereof while engaged in the performance of theofficer's or employee's official duties;
(3) Any employee, agent, or independent contractor employed by anygovernment agency, division, or department of the state whose workrelationship is established by a written contract while working within thescope of employment established under such contract;
(4) An attorney performing duties as an attorney, or an attorney'sparalegal or employee retained by such attorney assisting in theperformance of such duties or investigation on behalf of such attorney;
(5) A collection agency or an employee thereof while acting withinthe scope of employment, while making an investigation incidental to thebusiness of the agency, including an investigation of the location of adebtor or a debtor's property where the contract with an assignor creditoris 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 thedivision of finance of the state of Missouri or the comptroller of currencyof the United States;
(8) An insurance adjuster. For the purposes of sections 324.1100 to324.1148, an "insurance adjuster" means any person who receives anyconsideration, either directly or indirectly, for adjusting in the disposalof any claim under or in connection with a policy of insurance or engagingin soliciting insurance adjustment business;
(9) Any private fire investigator whose primary purpose of employmentis the determination of the origin, nature, cause, or calculation of lossesrelevant to a fire;
(10) Employees of a not-for-profit organization or its affiliate orsubsidiary who makes and processes requests on behalf of health careproviders and facilities for employee criminal and other backgroundinformation under section 660.317, RSMo;
(11) Any real estate broker, real estate salesperson, or real estateappraiser acting within the scope of his or her license;
(12) Expert witnesses who have been certified or accredited by anational or state association associated with the expert's scope ofexpertise;
(13) Any person who does not hold themselves out to the public as aprivate investigator but is under contract with a state agency or politicalsubdivision; or
(14) Any person performing duties or conducting investigationsrelating to serving legal process when such person's investigation isincidental to the serving of legal process;
(15) A consumer reporting agency as defined in 15 U.S.C. Section1681(a) and its contract and salaried employees.
(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 are printed here.