SB-1091, As Passed House, December 3, 2010
January 27, 2010, Introduced by Senator SANBORN and referred to the Committee on Economic Development and Regulatory Reform.
A bill to amend 1965 PA 285, entitled
"Professional investigator licensure act,"
by amending section 4 (MCL 338.824), as amended by 2008 PA 146.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. This act does not apply to any of the following:
(a) A person employed exclusively and regularly by an employer
in
connection with the affairs of the employer only, and if there
exists a bona fide employer-employee relationship for which the
employee is reimbursed on a salary basis.
(b) An officer or employee of the United States, this state,
or a political subdivision of this state while that officer or
employee is engaged in the performance of his or her official
duties except that such officer or employee does not include a
professional investigator hired or employed under contract by the
United States, this state, or a political subdivision of this
state.
(c) The business of obtaining and furnishing information as to
the financial standing, rating, and credit responsibility of
persons or as to the personal habits and financial responsibility
of applicants for insurance, indemnity bonds, or commercial credit.
(d) A charitable philanthropic society or association duly
incorporated under the laws of this state that is organized and
maintained for the public good and not for private profit.
(e) An attorney admitted to practice in this state in
performing his or her duties as an attorney at law.
(f) A collection agency or finance company licensed to do
business under the laws of this state or any employee of a
collection agency or finance company while acting within the scope
of his or her employment when making an investigation incidental to
the business of the agency, including an investigation of the
location of the debtor or his or her assets and property in which
the client has an interest or upon which the client has a lien.
(g) An insurance adjuster who is employed on a salary basis by
an insurance company or a person, firm, partnership, company,
limited liability company, or corporation that acts for an
insurance company solely in the capacity of claim adjuster.
(h) A person, firm, partnership, company, limited liability
company, or corporation engaged in the business of public adjuster
acting for claimants in securing adjustments of claims against
Senate Bill No. 1091 as amended December 3, 2010
insurance companies and who does not perform investigative
services, including, but not limited to, surveillance activities.
(i) (h)
A professional engineer acting
within the scope of his
or her licensed professional practice who does not perform
investigative services, including, but not limited to, surveillance
activities or other activities outside of the scope of his or her
licensed professional practice.
(j) (i)
A certified public accountant acting
within the scope
of
his or her licensed professional practice who does not perform
investigative
services, including, but not limited to, surveillance
activities
or other activities outside of the scope of his or her
licensed
professional practice currently
licensed, registered, or
certified by a regulatory agency of this or any other state or a
public accounting firm currently licensed, registered, or certified
by a regulatory agency of this or any other state, including the
employees of the certified public accountant or public accounting
firm [acting within the scope of the individual's or the public
accounting firm's professional practice].
(k) (j)
A bail agent authorized under
section 167b of the
Michigan penal code, 1931 PA 328, MCL 750.167b, while performing
his or her duties as a bail agent.