Bill Text: MI SB0776 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Occupations; professional investigators; eligibility for license based on completion of degree or certification program; revise. Amends sec. 6 of 1965 PA 285 (MCL 338.826).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-10-25 - Referred To Committee On Regulatory Reform [SB0776 Detail]
Download: Michigan-2011-SB0776-Introduced.html
SENATE BILL No. 776
October 25, 2011, Introduced by Senator SCHUITMAKER and referred to the Committee on Regulatory Reform.
A bill to amend 1965 PA 285, entitled
"Professional investigator licensure act,"
by amending section 6 (MCL 338.826), as amended by 2008 PA 146.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. (1) The department shall issue a license to conduct
business as a professional investigator if it is satisfied that the
applicant, is
a person, or if a firm, partnership, company, limited
liability
company, or corporation, if
the applicant is an
individual, or the sole or principal license holder of the
applicant, if the applicant is a partnership, corporation, limited
liability
company, or other legal entity, is a
person an individual
who meets all of the following qualifications:
(a) Is a citizen of the United States.
(b)
Is not less than at least 25 years of age.
(c) Has a high school education or its equivalent.
(d) Has not been convicted of a felony, or has not been
convicted
of a misdemeanor involving that involves any of the
following:
(i) Dishonesty or fraud.
(ii) Unauthorized divulging or selling of information or
evidence.
(iii) Impersonation of Impersonating a law enforcement officer
or
employee of the United States, or a state, or a political
subdivision of the United States or a state.
(iv) Illegally using, carrying, or possessing a dangerous
weapon.
(v) Two or more alcohol related offenses.
(vi) Controlled substances under the public health code, 1978
PA 368, MCL 333.1101 to 333.25211.
(vii) An assault.
(e) Has not been dishonorably discharged from a branch of the
United States military service.
(f)
For a period of not less than at
least 3 years before the
date of the application, has been or is any of the following on a
full-time basis:
(i) Lawfully engaged in the professional investigation business
as a licensee, registrant, or investigative employee in another
state.
(ii) Lawfully engaged in the investigation business as an
investigative employee of the holder of a license to conduct a
professional investigation agency.
(iii) An investigator, detective, special agent, intelligence
specialist, parole agent, probation officer, or certified police
officer employed by any government executive, military, judicial,
or legislative agency, or other public authority engaged in
investigative
or intelligence activities. This subdivision
subparagraph does not include individuals employed by educational
or charitable institutions who are solely engaged in academic,
consulting,
educational, instructional, or research activities. In
the
case of the experience requirement under this subparagraph for
an
applicant demonstrating experience as a probation officer or
parole
agent, the department shall consider any application filed
on
or after January 1, 2005 for eligibility regarding that
experience.
(iv) A graduate of an accredited institution of higher
education with a baccalaureate or postgraduate degree in the field
of police administration, security management, investigation, law,
criminal justice, fraud investigation, or computer forensics; or
other
computer forensic industry certificated study that is
acceptable
to an individual certified as
a forensics or fraud
examiner by an industry, training, or education organization
approved by the department.
(v) Lawfully engaged in the investigation business as a full-
time proprietary or in-house investigator employed by a business or
attorney, or as an investigative reporter employed by a recognized
media
outlet, acceptable to as
determined by the department. This
subdivision
subparagraph does not include individuals an individual
who
is employed by an educational
or charitable institutions who
are
institution and is solely engaged in academic, consulting,
educational, instructional, or research activities.
(g) Has posted with the department a bond or insurance policy
provided for in this act.
(2)
In the case of a person, firm, partnership, company,
limited
liability company, or corporation now doing or seeking to
do
business in this state, the If
a licensee or an applicant
described in subsection (1) has a manager, that manager shall
comply
with the qualifications requirements
of this section.
(3) Beginning July 1, 2010, the department shall not issue a
new or renewal license to a law enforcement officer, as that term
is
defined in section 2 of the commission of on law enforcement
standards
act, 1965 PA 203, MCL 28.602, shall not be issued a new
or
renewal license and that officer shall not be employed and
working in an investigative capacity by, or authorized to operate
in
a capacity as, a professional investigator unless if the
law
enforcement
officer obtains and produces does
not obtain and
produce, in a manner acceptable to the department, any 1 of the
following:
(a) Written permission to act as a professional investigator
from the current chief of police, county sheriff, or other official
having executive authority and responsibility over the law
enforcement matters in that jurisdiction if the law enforcement
officer does not work under the authority of a chief of police or
county sheriff.
(b) A copy of the law enforcement officer's jurisdiction's
published policies and procedures allowing off-duty employment,
which
if those policies and procedures include the prohibition of
the off-duty use of investigative tools or equipment, or both,
provided exclusively for law enforcement and indicate that the off-
duty employment as a professional investigator is not considered in
conflict with employment as a law enforcement officer.
(c) A copy of the collective bargaining agreement of the law
enforcement officer's jurisdiction.
(4) This act does not prevent a licensee from acting as a
professional investigator outside of this state to the extent
allowed
by that other state under the laws of that state.
(5) The department may enter into reciprocal agreements with
other states that have professional investigator qualification laws
to allow a professional investigator license or registration to be
used by that licensee or registrant within the jurisdiction of
either this state or another state. The reciprocal agreement shall
be limited to only allow professional investigators to continue
investigations that originate in the investigator's home state and
that require investigation in another state. The department may
enter into a reciprocal agreement if the other state meets all of
the following conditions:
(a) Issues a professional investigator identification card
with an expiration date printed on the card.
(b) Is available to verify the license or registration status
for law enforcement purposes.
(c) Has disqualification, suspension, and revocation standards
for licenses and registrations.
(d) Requires the applicant for a license or registration as a
professional investigator to submit to a criminal history records
check pursuant to applicable state and federal law.
(6) Each reciprocal agreement shall, at a minimum, include the
following provisions:
(a) A requirement that the professional investigator possess a
professional investigator license or registration in good standing
from his or her home state.
(b)
A requirement that the professional investigator shall be
is time-limited to a maximum of 30 days per case while conducting
an investigation in this state, or a lesser amount of time if
required to comply with the reciprocity statutes or regulations of
the other state.
(c) A requirement that the professional investigator from the
other state not solicit any business in this state while conducting
investigations in this state.
