(a)The term “private investigator” shall not include:
(1)Law enforcement officers certified under 20 V.S.A. § 2358 while engaged in the performance of their official duties.
(2)Insurance adjusters, insurance appraisers, and persons regularly employed as investigators exclusively by one insurance company.
(3)Persons regularly employed as investigators exclusively by one employer in connection with the affairs of that employer only, provided that the employer is not a private investigative agency and the employee is engaged directly as part of the ordinary payroll for tax, accounting, and insurance purposes.
(4)Persons engaged exclusively in the business of furnishing of information as to the business and financial standing and credit responsibility of persons, provided such information
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(a) The term “private investigator” shall not include:
(1) Law enforcement officers certified under 20 V.S.A. § 2358 while engaged in the performance of their official duties.
(2) Insurance adjusters, insurance appraisers, and persons regularly employed as investigators exclusively by one insurance company.
(3) Persons regularly employed as investigators exclusively by one employer in connection with the affairs of that employer only, provided that the employer is not a private investigative agency and the employee is engaged directly as part of the ordinary payroll for tax, accounting, and insurance purposes.
(4) Persons engaged exclusively in the business of furnishing of information as to the business and financial standing and credit responsibility of persons, provided such information is not obtained through the preparation of investigative consumer reports as defined by the Federal Fair Credit Reporting Act.
(5) Attorneys engaged in the practice of law and law clerks, paralegals, and other laypersons regularly employed exclusively by one attorney or law firm when the attorney or law firm retains complete professional responsibility for the work product of the law clerk, paralegal, or other laypersons in his, her, or its employ.
(6) Employees of the federal government, the State, or of any municipality in the performance of official duties.
(7) News gathering persons.
(8) A person engaged in compiling genealogical information from public records.
(9) Persons providing marketing or demographic information.
(10) Authors researching material for publication.
(b) The term “security guard” shall not include:
(1) Law enforcement officers certified under 20 V.S.A. § 2358 while engaged in the performance of their official duties, including the rendering of security guard services, provided such services have been assigned and approved in advance by the officer’s employing department and payment for such services is made to the employing department.
(2) Persons who are not armed, who are engaged exclusively in the business of managing property of others, including incidental inspection for the purpose of discovering damage from entry, theft, vandalism, or other cause.
(3) Persons regularly employed as security guards exclusively by one employer in connection with the affairs of that employer only, provided that the employer is not a security agency and the employee is engaged directly as part of the ordinary payroll for tax, accounting, and insurance purposes. (Added 1995, No. 144 (Adj. Sess.), § 2; amended 2009, No. 103 (Adj. Sess.), § 24, eff. May 12, 2010; 2017, No. 144 (Adj. Sess.), § 24.)