324.1102.  Board created, duties, members, qualifications, terms — fund created, use of moneys. — 1.  The "Board of Private Investigator and Private Fire Investigator Examiners" is hereby created within the division of professional registration.  The board shall be a body corporate and may sue and be sued.  The board shall guide, advise, and make recommendations to the division and fulfill all other responsibilities designated by sections 324.1100 to 324.1148.  The duties and responsibilities of the board with regard to private fire investigators shall not take full force and effect until such time as the governor appoints the fire investigator members and the appointments are confirmed by the senate.  Members serving on the board of private investigator examiners on August 28, 2011, shall continue to serve on the board, fulfill the term they were previously appointed for, and be eligible for reappointment.

  2.  Upon appointment by the governor and confirmation by the senate of the private fire investigator members, the board of private investigator examiners and the board of licensed private fire investigator examiners are abolished and their duties and responsibilities shall merge into the board of private investigator and private fire investigator examiners as established pursuant to this section.  The board shall be a continuance of and shall carry out the powers, duties, and functions of the board of private investigator examiners and the board of licensed private fire investigator examiners.

  3.  Every act performed in the exercise of such powers, duties, and authorities by or under the authority of the board of private investigator and private fire investigator examiners shall be deemed to have the same force and effect as if performed by the board of private investigator examiners or the board of licensed private fire investigator examiners.

  4.  All rules and regulations of the board of private investigator examiners shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the board of private investigator and private fire investigator examiners until revised, amended, or repealed by the board.  The board shall review such rules and regulations and shall adopt new rules and regulations as required for the administration of sections 324.1100 to 324.1148.

  5.  Any person licensed by the board of private investigator examiners prior to the appointment by the governor and confirmation by the senate of the private fire investigator members of the board shall be considered licensed by the board.

  6.  The board shall be composed of seven members, three members who have been actively engaged in the private investigator business for the previous five years, two members who have been actively engaged in private fire investigation for the previous five years, and two public members, appointed by the governor with the advice and consent of the senate.  Each member of the board shall be a citizen of the United States, a resident of Missouri for at least one year, and a registered voter.  No more than one private investigator or fire investigator board member may be employed by, or affiliated with, the same private investigator agency or fire investigator agency.  The initial fire investigator board members shall not be required to be licensed but shall obtain a license within one hundred eighty days after the effective date of the rules regarding the licensure of private fire investigators.  The public members shall each be a person who is not and never was a member of any profession licensed or regulated under sections 324.1100 to 324.1148 or the spouse of such person; and a person who does not have and never has had a material, financial interest in either the providing of the professional services regulated by sections 324.1100 to 324.1148, or an activity or organization directly related to any profession licensed or regulated under sections 324.1100 to 324.1148.

  7.  The members shall be appointed for terms of five years, except of the first two members appointed who are fire investigators, one member shall be appointed for a term of five years and one member shall be appointed for a term of three years.  Any vacancy on the board shall be filled for the unexpired term of the member.

  8.  The members of the board may receive compensation, as determined by the director for their services, if appropriate, and shall be reimbursed for actual and necessary expenses incurred in performing their official duties on the board.

  9.  All money held in the board of private investigator examiners fund shall be transferred to the "Board of Private Investigator and Private Fire Investigator Examiners Fund" which is hereby created.  The board of private investigator and private fire investigator examiners fund shall consist of money collected under sections 324.1100 to 324.1148.  The state treasurer shall be custodian of the fund and may approve disbursements from the fund in accordance with the provisions of sections 30.170 and 30.180.  Upon appropriation, money in the fund shall be used solely for the administration of sections 324.1100 to 324.1148.  The provisions of section 33.080 to the contrary notwithstanding, money in this fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the biennium exceeds two times the amount of the appropriation from the board's funds for the preceding fiscal year or, if the board requires by rule permit renewal less frequently than yearly, then three times the appropriation from the board's funds for the preceding fiscal year.  The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the board's funds for the preceding fiscal year.