HB-5274, As Passed House, November 28, 2007

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5274

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1965 PA 285, entitled

 

"Private detective license act,"

 

by amending the title and sections 1, 2, 3, 4, 5, 6, 7, 8, 10, 14,

 

16, 17, 19, 20, 22, 24, 27, and 29 (MCL 338.821, 338.822, 338.823,

 

338.824, 338.825, 338.826, 338.827, 338.828, 338.830, 338.834,

 

338.836, 338.837, 338.839, 338.840, 338.842, 338.844, 338.847, and

 

338.849), the title and sections 1, 2, 3, 4, 5, 6, 7, 10, 14, 16,

 

17, 20, 22, 24, and 27 as amended by 2002 PA 474.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to license and regulate private detectives and

 

professional investigators; to provide for certain powers and

 

duties for certain state agencies and local officials; to provide

 

for the imposition for certain fees; to protect the general public


 

against unauthorized, unlicensed and unethical operations by

 

private detectives and private professional investigators; to

 

provide for immunity for certain persons under certain

 

circumstances; to provide for penalties and remedies; and to repeal

 

acts and parts of acts.

 

     Sec. 1. This act shall be known and may be cited as the

 

"private detective license "professional investigator licensure

 

act".

 

     Sec. 2. As used in this act:

 

     (a) "Certified public accountant" means a person licensed as a

 

certified public accountant under article 7 of the occupational

 

code, 1980 PA 299, MCL 339.720 to 339.736.

 

     (b) "Computer forensics" means the collection, investigation,

 

analysis, and scientific examination of data held on, or retrieved

 

from, computers, computer networks, computer storage media,

 

electronic devices, electronic storage media, or electronic

 

networks, or any combination thereof.

 

     (c) (a) "Department" means the Michigan department of consumer

 

and industry services labor and economic growth.

 

     (b) "Private detective" or "private investigator" means a

 

person, other than an insurance adjuster who is on salary and

 

employed by an insurance company or other than a professional

 

engineer, who, for a fee, reward, or other consideration, engages

 

in business or accepts employment to furnish, or subcontracts or

 

agrees to make, or makes an investigation for the purpose of

 

obtaining information with reference to any of the following:

 

     (i) Crimes or wrongs done or threatened against the United


 

States or a state or territory of the United States.

 

     (ii) The identity, habits, conduct, business, occupation,

 

honesty, integrity, credibility, trustworthiness, efficiency,

 

loyalty, activity, movement, whereabouts, affiliations,

 

associations, transactions, acts, reputation, or character of a

 

person.

 

     (iii) The location, disposition, or recovery of lost or stolen

 

property.

 

     (iv) The cause or responsibility for fires, libels, losses,

 

accidents, or damage or injury to persons or property.

 

     (v) Securing evidence to be used before a court, board,

 

officer, or investigating committee.

 

     (d) (c) "Insurance adjuster" means a person other than a

 

private detective or private professional investigator who, for a

 

consideration, engages in the activities described in subdivision

 

(b) (e) in the course of adjusting or otherwise participating in

 

the disposal of claims under or in connection with a policy of

 

insurance. Insurance adjuster includes a any of the following:

 

     (i) A person who is employed on a salary basis by an insurance

 

company. ; a

 

     (ii) A person, firm, partnership, company, limited liability

 

company, or corporation who acts for insurance companies solely in

 

the capacity of a an independent claim adjuster , a while

 

performing within that capacity.

 

     (iii) 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


 

insurance companies and who does not perform investigative services

 

including, but not limited to, surveillance activities.

 

     (e) "Investigation business" means a business that, for a fee,

 

reward, or other consideration, engages in business or accepts

 

employment to furnish, or subcontracts or agrees to make, or makes

 

an investigation for the purpose of obtaining information with

 

reference to any of the following:

 

     (i) Crimes or wrongs done or threatened against the United

 

States or a state or territory of the United States, or any other

 

person or legal entity.

 

     (ii) The identity, habits, conduct, business, occupation,

 

honesty, integrity, credibility, trustworthiness, efficiency,

 

loyalty, activity, movement, whereabouts, affiliations,

 

associations, transactions, acts, reputation, or character of a

 

person.

 

     (iii) The location, disposition, or recovery of lost or stolen

 

property.

 

     (iv) The cause or responsibility for fires, libels, losses,

 

accidents, or damage or injury to persons or property.

 

     (v) Securing evidence to be used before a court, board,

 

officer, or investigating committee.

 

     (vi) The prevention, detection, and removal of surreptitiously

 

installed devices designed for eavesdropping or observation, or

 

both.

 

     (vii) The electronic tracking of the location of an individual

 

or motor vehicle for purposes of detection or investigation.

 

     (viii) Computer forensics to be used as evidence before a court,


 

board, officer, or investigating committee.

 

     (f) (d) "Licensee" means a person licensed under this act.

 

     (g) (e) "Professional engineer" means a person licensed under

 

article 20 of the occupational code, 1980 PA 299, MCL 339.2001 to

 

339.2014, as a professional engineer.

 

     (h) "Professional investigator" means a person, other than an

 

insurance adjuster who is on salary and employed by an insurance

 

company, who for a fee, reward, or other consideration engages in

 

the investigation business.

 

     Sec. 3. (1) A person, firm, partnership, company, limited

 

liability company, or corporation shall not engage in the business

 

of private detective or professional investigator for hire, fee, or

 

reward, and shall not advertise his or her business to be that of

 

detective professional investigator or of a detective professional

 

investigator agency without first obtaining a license from the

 

department. (2) A person, firm, partnership, company, limited

 

liability company, or corporation shall not engage in the business

 

of furnishing or supplying, for hire and reward, information as to

 

the personal character of any person or firm, or as to the

 

character or kind of business and occupation of any person, firm,

 

partnership, company, limited liability company, or corporation and

 

shall not own, conduct, or maintain a bureau or agency for the

 

purposes described in this subsection except as to the financial

 

rating of persons, firms, partnerships, companies, limited

 

liability companies, or corporations without having first obtained

 

a license as a professional investigator from the department.

 

     (2) The department, the attorney general, the Michigan state


 

police, or a local law enforcement agency, on its own initiative or

 

at the request of any other person or legal entity, may investigate

 

allegations of a person or legal entity engaging in activities

 

regulated under this act without being appropriately licensed or

 

exempt from licensure under this act. The entity conducting the

 

investigation shall report its findings to the attorney general and

 

county prosecuting attorney having jurisdiction in the location

 

within which the alleged violator is engaged in business. The

 

attorney general or county prosecuting attorney may bring an

 

appropriate civil or criminal action in a court of competent

 

jurisdiction to enjoin any person or legal entity that has engaged

 

or is about to engage in any activity regulated by this act without

 

being appropriately licensed or exempt from licensure under this

 

act. Such an injunction may be issued without proof of actual

 

damage sustained by any person or legal entity. Issuance of an

 

injunction shall not prevent criminal prosecution of a violator. In

 

addition to issuing the injunction, the court may impose a civil

 

violation fine not to exceed $25,000.00. A person or other legal

 

entity who reports to the department, a local law enforcement

 

agency, a county prosecuting attorney, or the attorney general

 

regarding an allegation of unlicensed activity is immune from tort

 

liability for making the report.

 

     (3) A person violating this section is guilty of a felony

 

punishable by imprisonment for not more than 4 years or by a penal

 

fine of not more than $5,000.00, or both.

 

     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 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 at law admitted to practice in this state in

 

performing his or her duties as such 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. 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 insurance

 

companies and who does not perform investigative services

 

including, but not limited to, surveillance activities.

 

     (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.

 

     (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.

 

     Sec. 5. (1) The department, upon application and after making

 

a determination that the applicant is qualified, shall issue the

 

applicant a license to conduct business as a private detective or

 

private professional investigator for a period of 3 years from date

 

of issuance.

 

     (2) Upon the issuance of a license under this act to conduct

 

business as a private detective or private professional

 

investigator, the applicant is not required to obtain any other

 

license from any municipality or political subdivision of this


 

state.

 

     Sec. 6. (1) The department shall issue a license to conduct

 

business as a private detective or private professional

 

investigator if satisfied that the applicant is a person, or if a

 

firm, partnership, company, limited liability company, or

 

corporation, the sole or principal license holder is a person who

 

meets all of the following qualifications:

 

     (a) Is a citizen of the United States.

 

     (b) Is not less than 25 years of age.

 

     (c) Has a high school education or its equivalent.

 

     (d) Has not been convicted of a felony, or a misdemeanor

 

involving any of the following:

 

     (i) Dishonesty or fraud.

 

     (ii) Unauthorized divulging or selling of information or

 

evidence.

 

     (iii) Impersonation of 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 3 years has been or is any


 

of the following on a full-time basis:

 

     (i) Lawfully engaged in the private detective business on his

 

or her own account professional investigation business as a

 

licensee, registrant, or investigative employee in another state.

 

     (ii) Lawfully engaged in the private detective investigation

 

business as an investigative employee of the holder of a

 

certificate of authority license to conduct a detective

 

professional investigation agency.

 

     (iii) An investigator, detective, special agent, intelligence

 

specialist, parole agent, probation officer, or certified police

 

officer of a city, county, or state government or of the United

 

States government employed by any government executive, military,

 

judicial, or legislative agency, or other public authority engaged

 

in investigative or intelligence activities. This subdivision 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,

 

or criminal justice, or computer forensics or other computer

 

forensic industry certificated study that is acceptable to the

 

department. from an accredited university or college acceptable to


 

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 the department. This subdivision does

 

not include individuals employed by educational or charitable

 

institutions who are 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 resident manager shall comply with

 

the qualifications of this section.

 

     (3) A person regulated as a private detective or private

 

investigator in another state having a reciprocal agreement with

 

this state may engage in activities regulated by this act without

 

being licensed for the limited purpose and for a limited amount of

 

time as necessary to continue an ongoing investigation originating

 

in that state. Beginning January 1, 2008, a law enforcement

 

officer, as that term is defined in section 2 of the commission on

 

law enforcement standards act, 1965 PA 203, MCL 28.602, or an

 

individual engaged in law enforcement on behalf of the federal

 

government, another state, a territory, or another country, shall

 

not be issued any new or renewal license or be employed and working

 

in an investigative capacity by, or authorized to operate in any

 

capacity as, a professional investigator in the state of Michigan.


 

This subsection does not apply to any of the following:

 

     (a) An individual who holds a volunteer civil defense or

 

emergency services position and acts in a law enforcement or police

 

capacity solely as part of his or her volunteer duties.

 

     (b) A member of the national guard or reserve armed forces of

 

the United States who acts in a law enforcement or police capacity

 

solely as part of his or her military duties.

 

     (c) An individual authorized to act with, use, or employ

 

police or other official powers in the case of an emergency or

 

disaster and only for the immediate time of the emergency or

 

disaster.

 

     (d) A licensed or regulated professional investigator or

 

private security business and its employees who have special police

 

powers that are authorized by law and are limited to those duties

 

performed in their licensed or regulated capacity.

 

     (e) An individual deputized or empowered by a governmental

 

entity solely for the purpose of serving civil process.

 

     (4) This act does not prevent a licensee from acting as a

 

private detective or private 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

 

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.

 

     Sec. 7. (1) The department shall prepare a standard uniform


 

application. The applicant shall obtain notarized reference

 

statements from at least 5 reputable citizens who swear that they

 

have known the applicant and his or her qualifications for a period

 

of at least 5 years and believe that the applicant is honest, of

 

good character, and competent. The individual providing the

 

reference shall not be related or connected to the person so

 

certifying by blood or marriage.

 

     (2) Upon receipt of the application, application processing

 

fee, and license fee as described in section 9, the department

 

shall investigate as to the applicant's qualifications for

 

licensure.

 

     (3) The application and investigation are not considered

 

complete until the applicant has received the approval of the

 

prosecuting attorney and the sheriff of the county within which the

 

principal office of the applicant is to be located. If the office

 

is to be located in a city, township, or village, the approval of

 

the chief of police may be obtained instead of the sheriff.

 

     Sec. 8. If the applicant is a corporation, the application

 

shall be signed and verified by the president, secretary and

 

treasurer thereof, and shall specify the name of the corporation,

 

the date and place of its incorporation, the location of its

 

principal place of business, and the name of the city, town or

 

village, stating the street and number, and such other description

 

as will indicate the location of the bureau, agency, subagency,

 

office or branch office for which the license is desired, the

 

amount of the corporation's outstanding paid up capital and stock,

 

and whether paid in cash or property, and if in property, the


 

nature of the same, and shall be accompanied by a duly certified

 

copy of a certificate of incorporation.

 

     Sec. 10. (1) The department may suspend or revoke a license

 

issued under this act if the department determines that the

 

licensee or licensee's manager, if an individual, or if the

 

licensee is a person other than an individual, that an officer,

 

director, partner, or its manager, has done any of the following:

 

     (a) Made false statements or given false information in

 

connection with an application for a license or a renewal or

 

reinstatement of a license.

 

     (b) Violated this act or any rule promulgated under this act.

 

     (c) Been convicted of a felony or misdemeanor involving

 

dishonesty or fraud, unauthorized divulging or selling of

 

information or evidence.

 

     (d) Been convicted of impersonation of a law enforcement

 

officer or employee of the United States or a state, or a political

 

subdivision of the United States or a state.

 

     (e) Been convicted of illegally using, carrying, or possessing

 

a dangerous weapon.

 

     (2) In addition to the suspension or revocation provisions

 

available to the department under subsection (1), the department

 

may do 1 or more of the following regarding a licensee or a

 

licensee's manager, if an individual, or if the licensee is a

 

person other than an individual, an officer, director, partner,

 

member, or its manager, who violates this act or a rule or order

 

promulgated or issued under this act:

 

     (a) Place a limitation on a license.


 

     (b) Deny a renewal of a license.

 

     (c) Issue an order of censure.

 

     (d) Issue an order of probation.

 

     (e) Impose a requirement that restitution be made.

 

     (3) (2) Upon notification from the department of the

 

suspension or revocation of the license, the licensee, within 24

 

hours, shall surrender to the department the license and his or her

 

identification card. Failure to surrender the license in compliance

 

with this subsection is a misdemeanor.

 

     Sec. 14. (1) Upon issuing a license, the department shall also

 

issue an identification card to the principal license holder or, if

 

the agency is a partnership, to each partner or, if the license

 

holder is a corporation or limited liability company, to each

 

resident officer, manager, or member.

 

     (2) The identification card issued under subsection (1) shall

 

be in such form and contain such information as may be prescribed

 

by the department and is recallable by the department for the same

 

reasons as the license.

 

     (3) The department shall only issue 1 identification card for

 

each person entitled to receive it. The licensee is responsible for

 

the maintenance, custody, and control of the identification card

 

and shall not lease, loan, sell, or otherwise permit unauthorized

 

persons or employees to use it. This subsection shall does not be

 

construed to prevent each agency from issuing its own

 

identification cards, if approved as to form and content by the

 

department, to their its respective employees. The individual

 

identification card shall not bear the seal of the state or the


 

designation of private detective or private professional

 

investigator, but the identification card may designate the

 

employee as an investigator or operator and may state that the

 

person is employed by a licensee of the department and the state of

 

Michigan.

 

     (4) Upon proper application and for sufficient reasons shown,

 

the department may issue duplicates of the original license or

 

identification card.

 

     Sec. 16. (1) A person shall not possess or display a badge or

 

shield that purports to indicate that the holder is a private

 

detective, private investigator, or professional investigator.

 

     (2) A licensee may request authorization to provide employee

 

identification cards only upon the express authorization of the

 

department as to format and content.

 

     (3) A person shall not display any badge, shield,

 

identification card, or license that might mislead the public into

 

thinking that the holder is a licensed detective professional

 

investigator.

 

     (4) A person who violates this section is guilty of a

 

misdemeanor and any unauthorized badge, shield, identification

 

card, or license shall be confiscated by any law enforcement

 

officer of the state. Each day the violation continues shall

 

constitute a separate offense.

 

     Sec. 17. (1) A licensee may employ as many persons as

 

considered necessary to assist in his or her work of detective

 

professional investigator and in the conduct of the business. At

 

all times during the employment, the licensee shall be have direct


 

involvement in the day-to-day activities and is accountable for the

 

good conduct in the business of each person so employed.

 

     (2) A licensee shall keep adequate and complete records of all

 

persons he or she employs, which records shall be made available to

 

the department upon request and to police authorities if the police

 

authorities offer legitimate proof for the request in connection

 

with a specific need.

 

     (3) If a licensee falsely states or represents that a person

 

is or has been in his or her employ, the false statement or

 

representation shall be sufficient cause for the suspension or

 

revocation of the license. Any person falsely stating or

 

representing that he or she is or has been a detective professional

 

investigator or employed by a detective professional investigator

 

agency is guilty of a misdemeanor.

 

     (4) A licensee shall not knowingly employ any person who does

 

not meet the requirements of this act.

 

     (5) The licensee shall cause fingerprints to be taken of all

 

prospective employees, which fingerprints shall be submitted to the

 

department and the federal bureau of investigation for processing

 

and approval.

 

     (6) The fingerprints required to be taken under subsection (5)

 

may be taken by a law enforcement agency or any other person

 

determined by the department to be qualified to take fingerprints.

 

The licensee shall submit a fingerprint processing fee to the

 

department in accordance with section 3 of 1935 PA 120, MCL 28.273,

 

as well as any costs imposed by the federal bureau of

 

investigation.


 

     Sec. 19. Any person licensed as a private detective

 

professional investigator, or in the employ of a private detective

 

professional investigator agency, is not authorized to carry a

 

deadly weapon unless he is so licensed in accordance with the

 

present laws of this state.

 

     Sec. 20. (1) Any person who is or has been an employee of a

 

licensee shall not divulge to anyone other than his or her employer

 

or former employer, or as the employer shall direct, except as he

 

or she may be required by law, any information acquired by him or

 

her during his or her employment in respect to any of the work to

 

which he or she shall have been assigned by the employer. Any

 

employee violating the provisions of this section and any employee

 

who willfully makes a false report to his or her employer in

 

respect to any work is guilty of a misdemeanor.

 

     (2) Any principal, manager, or employee of a licensee who

 

willfully furnishes false information to clients, or who willfully

 

sells, divulges, or otherwise discloses to other than clients,

 

except as may be required by law, any information acquired during

 

employment by the client is guilty of a misdemeanor and is subject

 

to summary suspension of license and revocation of license upon

 

satisfactory proof of the offense to the department. Any

 

communications, oral or written, furnished by a professional or

 

client to a licensee, or any information secured in connection with

 

an assignment for a client, is considered privileged with the same

 

authority and dignity as are other privileged communications

 

recognized by the courts of this state.

 

     (3) Suspension, revocation, denial, or other action against a


 

licensee or applicant for a license as described in section 10

 

shall be accompanied by notice and an opportunity for a hearing

 

under the administrative procedures act of 1969, 1969 PA 306, MCL

 

24.201 to 24.328.

 

     Sec. 22. (1) An advertisement by a licensee soliciting or

 

advertising for business shall contain his or her name and address

 

as they appear in the records of the department.

 

     (2) A licensee shall, on notice from the department,

 

discontinue any advertising or the use of any advertisement, seal,

 

or card, that the department determines to be misleading to the

 

public. Failure to comply with such an order is cause for

 

suspension or revocation of the license.

 

     (3) Unless licensed under this act, a person shall not

 

advertise his or her business to be that of a private detective

 

professional investigator regardless of the name or title actually

 

used.

 

     Sec. 24. (1) Each person, partnership, firm, company, limited

 

liability company, or corporation licensed and operating under this

 

act shall make a complete written record of the business

 

transactions and reports made in connection with the operation of

 

the agency.

 

     (2) A detective or detective professional investigator agency

 

that receives or generates a written or electronic report shall

 

keep the report on file in the office of the detective or agency

 

professional investigator for at least 2 years unless the file is

 

returned to the client or agent.

 

     Sec. 27. (1) Upon the death of a licensee, the business of the


 

decedent may be carried on for a period of 90 days by any of the

 

following:

 

     (a) In the case of an individual licensee, the surviving

 

spouse, or if there is none, the personal representative of the

 

estate of the decedent.

 

     (b) In the case of a partner, the surviving partners.

 

     (c) In case of an officer of a firm, company, association,

 

limited liability company, or corporation, the officers.

 

     (2) Within 10 days following the death of a licensee, the

 

department shall be notified by a person described in subsection

 

(1) in writing. The notification shall state the name of the person

 

legally authorized to carry on the business of the deceased.

 

     (3) Upon the authorization of the department, the business may

 

be carried on for a further period of time when necessary to

 

complete any investigation or assist in any litigation pending at

 

the death of the decedent.

 

     (4) This section does not authorize the solicitation or

 

acceptance of any business after the death of the decedent except

 

as otherwise provided by this act.

 

     (5) This section shall not be construed to restrict the sale

 

of a private detective professional investigator business if the

 

vendee qualifies for a license under the provisions of this act.

 

     Sec. 29. The requirements of this act as to license

 

applications shall apply to all private detectives professional

 

investigators, except private detectives those who already have

 

been granted a license under prior laws of this state. The

 

requirements as to renewal of license certificates shall apply to


 

all private detectives professional investigators licensed under

 

this act or any prior law of this state.