Bail Enforcement Licensing in Michigan and the “Professional Investigator Licensure Act”
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Right now there is some question concerning whether or not one needs to hold a “professional investigator’s license” in order to bounty hunt in Michigan as a result of the newly amended “Professional Investigator Licensure Act” (Michigan Penal Code Section 750.167b).
I’ve read the “Professional Investigator Licensure Act” which went into effect in May of 2008. While the law does not specify “bounty hunters” specifically, it has unquestionably expanded the definition of “private investigator” to now include “professional investigator.”
Within the new broad definition of “professional investigator” falls many types of individuals and, while I am not an attorney or offering legal advice, my personal opinion is that an independent contractor offering bail recovery services most likely fits within the framework of the new definition (I’ve only included the brief but most important section):
(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.
Furthermore, because the act specifically excludes licensed Michigan bail agents, one could easily infer that the writers of that law considered the act of fugitive apprehension by a bail bondsmen as an investigation; note that it did not specifically exclude a MI bail agent’s assigns, subcontractors and/or agents… what you and I would refer to as the independent act of bail enforcement or bounty hunting.
My non-attorney interpretation is that you will either need to obtain a “Professional Investigator’s license” from the Michigan Department of Labor and Economic Growth-Commercial Services Licensing or a “Fidelity & Surety Producer license” from the Michigan Office of Financial and Insurance Regulation. To me, absent any language classifying a licensed bail agent’s subcontractor as a bona fide bail agent (and there is no such language in MI PC 167(b)) then it is clear that a bail recovery agent (or whatever other title he or she wants to use) is conducting an investigation into someone else’s whereabouts for a fee, which makes him or her subject to the professional investigator licensure act.
Since this has been a hot topic, I decided to go straight to the source(s) and I am going to concede this much…
If you are in the business of bounty hunting, and not a bonafide employee (per the US Tax Code) of a MI Fidelity & Surety Producer licensee or a licensed Professional Investigator, I feel really badly for you right now.
Just before Christmas in 2008, I called both offices within the Department of Labor and Economic Growth- The Office of Financial and Insurance Regulation (Producer licensing) and the Commercial Services Licensing (Professional Investigator licensing) and spoke to the very highest representative that they would put on the phone to answer questions. I asked the same question of both, “Do I need to be licensed to be a bounty hunter in Michigan.” They both answered yes, without hesitation, but it went downhill quickly from there as I started asking pointed question; I knew it would because I identified the fly in the ointment well before getting involved in this post… I did the research back in July when I was first asked this question by someone who wanted to become a Bail Enforcement Agent in Michigan and mentioned the new verbiage in the law.
My first call was to Alicia (I think that was her name) who identified herself as being the person in charge of the professional investigator licensing section and the administrator of the Professional Investigator Licensure Act. She read me the law- verbatim, until I stopped her and assured her that I had read the law again just moments ago. I told her that I was looking for an official opinion, so I asked her point blank, “Does bounty hunting fall under the classification of an investigation business?” Again, she started reading the definition of “investigation business” from the law until I stopped her. I said, “Can you give me a yes or no answer to the question? Is bounty hunting regulated under the new Professional Investigator Act?” She said, all B.S. aside, “If bounty hunting is an investigation business, then yes.” How’s that for an affirmative non-answer? She added that the only exception would be if I was licensed per PC 167b as per the law. I asked her for clarification on where in PC 167b it defines the term “bail agent” as used in the Professional Investigator Licensure Act? She put me on hold for about 5 minutes and said, that she only handles professional investigators and suggested that I call the Office of Financial and Insurance Regulation.
The call to OFIR ((877) 999-6442) was as equally frustrating… let me condense the substance of the call for you…
OFIR: “You must be a bonafide employee of a licensed fidelity and surety producer to call yourself a bail agent.”
Me: “What about being a bounty hunter?”
OFIR: “Not our department, see the FAQ on our website.”
(I found it at http://www.michigan.gov/dleg/0,1607,7-154-10555_13648-141139–,00.html; the number provided is wrong. The new number is 517-241-9288 and as of this writing the website has been removed)
Me: “What about 167b, as stated in the Professional Investigator Licensure Act?”
OFIR: “Questions concerning the content of the Professional Investigator Licensure Act should be directed to the Commercial Services Licensing division of the DLEG. Would you like their number?”
Me: “No, I’ve already talked to them and they referred me to you for official clarification of what a “bail agent as authorized in 167b” is exactly.”
Loooooooooooong hold time……
OFIR: “Sir the only advice we can give you is to go to the Michigan legislature website and search on the term “bail agent.” Thanks and happy holidays.” Click, then the inevitable dial tone.
Of course I had already searched for the term bail agent in MI code and the only time the phrase is used is in the, say it with me boys and girls… the Professional Investigator Licensure Act.
You see, 167b does not describe the authorization of a bail agent nor does it define bail agent in any capacity; 167b instead defines what those people who are the surety upon a bail bond and his or her “clerks, agents and representatives” may not do:
1. Thou shall not pay potential bribe money.
2. Though shall not be in league with criminal defense attorneys.
3. Thou shall not charge more than 10% of the bail.
4. The jail shall build a list of bondsmen and make it conspicuous for all to see.
5. If you shall then you shall be guilty of a misdemeanor.
However, while this is a fundamental flaw in the Professional Investigator Licensure Act and really reeks of terrible legislation, it does not invalidate the law.
The bottom line is that the only proper course of action, as suggested by a friend, is to request an opinion from the Michigan Attorney General. I’m not an attorney and this is not legal advice but it would be irresponsible of me to tell you that you did not need a license in Michigan, even if a few people on the Internet are claiming otherwise.
Note- This article is part of a series of articles written about Bail Enforcement in Michigan:
“Michigan Bail Bond Personnel Licensure Act” Before the State Legislature in 2010
Potential New Bail Enforcement Licensing Law in Michigan
Some say you need to be licensed to be a bounty hunter but no seems to be able
to answer how or why or when.
Some say you need to be licensed to be a bounty hunter but no seems to be able
to answer how or why or when.
First of all in order to be a Bail Enforcement agent in the state of Michigan you need to be employed by a Bail Agent which is a Licensed Surety agent whom is registered in the court in which he bails people out of jail. Or get a letter of appointment not to exceed the dec 31st of the year you will be doing bail enforcement for. Under Michigan law you do not need to be licensed to do so. This includes duties that a Bail Agent / Bondsman would do in order to assure the defendant shows up to court. But does not include the bail or paperwork with jail or court. Duties include arrest, supervision, locating and transporting the fugitive to the local sheriff or jail. The only time you need a license to be a private investigator is when you are not working for a bail bond company and are doing Investigator duties. Investigational duties is just that investigation not arrest. They cant make an arrest under there license. They make an arrest under the Michigan Bail laws.
Your best bet is to go to your local Bail bonds companies and ask them for a job doing recovery. Or if they have any skips. If they have any skips they will need to give you a letter of authority to arrest for the company, a warrant, and a picture of the fugitive. Be sure to check every law on any other state you may go to because if you go to Kentucky without first getting a Kentucky warrant you may have problems.
Good info DOUG,
I am a State of Michigan licensed professional investigator which was previously employed by the Michigan Department of Corrections in their Absconder Unit. I now do Fugitive Recovery assignments as well as standard investigations for clients. The only thing that I would add to what you’ve explained would be this; For the average action junky who thinks that he or she can just go look for skips because they are mezzmerized by DOG THE BOUNTY HUNTER let me set the record straight. The fugitive recovery business although unlicensed according to the constitutional decision given in TAYLOR VS. TAINTOR is still a business full of dangerous situations, and all of these situations are not physically dangerous. False imprisonment, kidnapping, unlawfull use of force and others like illegal entry, harrassment, and so on will still get you locked up yourself. At which time you will need a bailbondsman for more than a job. So being under an experienced bail professional, ex-cop, or licensed investigator is very desirable if your serious in this business. GOOD HUNTING!
First of all in order to be a Bail Enforcement agent in the state of Michigan you need to be employed by a Bail Agent which is a Licensed Surety agent whom is registered in the court in which he bails people out of jail. Or get a letter of appointment not to exceed the dec 31st of the year you will be doing bail enforcement for. Under Michigan law you do not need to be licensed to do so. This includes duties that a Bail Agent / Bondsman would do in order to assure the defendant shows up to court. But does not include the bail or paperwork with jail or court. Duties include arrest, supervision, locating and transporting the fugitive to the local sheriff or jail. The only time you need a license to be a private investigator is when you are not working for a bail bond company and are doing Investigator duties. Investigational duties is just that investigation not arrest. They cant make an arrest under there license. They make an arrest under the Michigan Bail laws.
Your best bet is to go to your local Bail bonds companies and ask them for a job doing recovery. Or if they have any skips. If they have any skips they will need to give you a letter of authority to arrest for the company, a warrant, and a picture of the fugitive. Be sure to check every law on any other state you may go to because if you go to Kentucky without first getting a Kentucky warrant you may have problems.
Yes the law is foggy at best. Currently one does NOT need a Professional Investigators License to apprehend a Principal. How ever to do the Investigation leading up to the Apprehension you will. Although the Professional Investigators Act on 2008 clear exempts Bail Agents from the statute.
DLEG states that a Bail Agent may appoint a “runner” to do many things; with the exception of executing a bond, they may locate and deliver a principal to the jail or court, file the bond, take the application etc. The main thing they are prevented from doing is signing the bond.
Also there is the Law Enforcement Identification Act ~ MCL 750.216b (3)
As used in this section, “law enforcement identification” means any identification that contains the words “law enforcement” or similar words, including, but not limited to, “agent”, “enforcement agent”, “detective”, “task force”, “fugitive recovery agent”, or any other combination of names that gives the impression that the bearer is in any way connected with the federal government, state government, or any political subdivision of a state government. However, law enforcement identification does not include “bail agent” or “bondsman” when used by a bail agent or bondsman operating in accordance with section 167b.
So those out there running around MI calling themselves Agent So-and-So; or Bail Enforcement Agent or Fugitive Recovery Agent are actually committing a felony. The only acceptable terms are Bail Agent or Bounty Hunter.
There was a bill introduced that would require Licensing of Bounty Hunters; as much as I hate that term, as well as Runners which failed to pass. The proposed law would make it necessary for Hunters to become MI Licensed Insurance Producers to work in MI as well as institute mandatory training and continued education requirements.
To write Bail one needs to pass a test and become licensed as a; at minimum, Limited Lines Property & Casualty Insurance Producer. Under the LL P&C Surety is automatic. Once you receive the license you may then find an Insurance Company to back you and apply to the Court in the County you wish to work for approval as a Bail Agent. Not an easy task these days and each county has different procedures for doing so. You may qualify in one and be denied in 5 others.
The Licensing Act for Bounty Hunters failed mainly because it would cost more per year to implement and operate then the State would make. The proposed act would cost the State of MI $250,000 or more to run each year then it would make. Once the financial aspects are resolved I’m quite sure the act will pass.
As it stands because of the confusion of the 2008 Professional Investigators Act Bail Bondsmen wont hire anyone as a Hunter that is not Licensed as a PI out of fear that they may face civil and criminal charges for doing so.
In short if you want to hunt in MI wait till the Licensing Act goes through and take an DLEG approved course and apply.
There is one guy out here right now going by the Fugitive Recovery Academy pedaling a worthless course that has not been approved by any one yet he claims it will allow his student to obtain a license that doesn’t even exist yet.
This kid is trying to make a profit off of our industry and he knows nothing about it; he’s new to the field himself and is not qualified to teach you how to sharpen your pencil let alone give a course on Bail Recovery.
Currently; here in MI, no one is authorized by the state or any legitimate education institution to offer such a class.
Wait for a course that is approved by DLEG; which there currently are none. The education requirements under the proposed bill are insurance education only and nothing
Yes the law is foggy at best. Currently one does NOT need a Professional Investigators License to apprehend a Principal. How ever to do the Investigation leading up to the Apprehension you will. Although the Professional Investigators Act on 2008 clear exempts Bail Agents from the statute.
DLEG states that a Bail Agent may appoint a “runner” to do many things; with the exception of executing a bond, they may locate and deliver a principal to the jail or court, file the bond, take the application etc. The main thing they are prevented from doing is signing the bond.
Also there is the Law Enforcement Identification Act ~ MCL 750.216b (3)
As used in this section, “law enforcement identification” means any identification that contains the words “law enforcement” or similar words, including, but not limited to, “agent”, “enforcement agent”, “detective”, “task force”, “fugitive recovery agent”, or any other combination of names that gives the impression that the bearer is in any way connected with the federal government, state government, or any political subdivision of a state government. However, law enforcement identification does not include “bail agent” or “bondsman” when used by a bail agent or bondsman operating in accordance with section 167b.
So those out there running around MI calling themselves Agent So-and-So; or Bail Enforcement Agent or Fugitive Recovery Agent are actually committing a felony. The only acceptable terms are Bail Agent or Bounty Hunter.
There was a bill introduced that would require Licensing of Bounty Hunters; as much as I hate that term, as well as Runners which failed to pass. The proposed law would make it necessary for Hunters to become MI Licensed Insurance Producers to work in MI as well as institute mandatory training and continued education requirements.
To write Bail one needs to pass a test and become licensed as a; at minimum, Limited Lines Property & Casualty Insurance Producer. Under the LL P&C Surety is automatic. Once you receive the license you may then find an Insurance Company to back you and apply to the Court in the County you wish to work for approval as a Bail Agent. Not an easy task these days and each county has different procedures for doing so. You may qualify in one and be denied in 5 others.
The Licensing Act for Bounty Hunters failed mainly because it would cost more per year to implement and operate then the State would make. The proposed act would cost the State of MI $250,000 or more to run each year then it would make. Once the financial aspects are resolved I’m quite sure the act will pass.
As it stands because of the confusion of the 2008 Professional Investigators Act Bail Bondsmen wont hire anyone as a Hunter that is not Licensed as a PI out of fear that they may face civil and criminal charges for doing so.
In short if you want to hunt in MI wait till the Licensing Act goes through and take an DLEG approved course and apply.
There is one guy out here right now going by the Fugitive Recovery Academy pedaling a worthless course that has not been approved by any one yet he claims it will allow his student to obtain a license that doesn’t even exist yet.
This kid is trying to make a profit off of our industry and he knows nothing about it; he’s new to the field himself and is not qualified to teach you how to sharpen your pencil let alone give a course on Bail Recovery.
Currently; here in MI, no one is authorized by the state or any legitimate education institution to offer such a class.
Wait for a course that is approved by DLEG; which there currently are none. The education requirements under the proposed bill are insurance education only and nothing
The term Fugitive Recovery Agent is just a term and or phrase used it sounds better than bounty hunter. Alot of guys are using it. Not just newbees. In fact a lot of states require you to use this phrase. The coarses offered through these bail bondsman are very helpfull do to the fact they help new bondsman learn the ins and outs of the industry. While the state has no coarses they are offered haveing anything to do with bail bonds or recovery. I think this is very important to learn. I am a licensed Bail Agent in the State of Michigan. If anybody has taken a coarse or the exam for the state they know what I am talking about when I say (has nothing to do with the bail industry). If you want to be a bounty hunter/ Recovery /Bail Enforcement agent GO GET YOUR BAIL BONDS LICENSE. You guys can go ahead and delete this because it is the answer to all the so called confussion. The truth is they dont want people to know how to get to there goal because they cant stand the competition.
Hello! I read your response to licensing for a Bail Agent. I am currently Active Duty Air Force but. I am separating under Honorable conditions at the end of this month. I am looking into making a few contacts in your line of business and was hoping you could throw any advice you deem pertinent and/or necessary my way. Thank you for your time and have a great day.
The term Fugitive Recovery Agent is just a term and or phrase used it sounds better than bounty hunter. Alot of guys are using it. Not just newbees. In fact a lot of states require you to use this phrase. The coarses offered through these bail bondsman are very helpfull do to the fact they help new bondsman learn the ins and outs of the industry. While the state has no coarses they are offered haveing anything to do with bail bonds or recovery. I think this is very important to learn. I am a licensed Bail Agent in the State of Michigan. If anybody has taken a coarse or the exam for the state they know what I am talking about when I say (has nothing to do with the bail industry). If you want to be a bounty hunter/ Recovery /Bail Enforcement agent GO GET YOUR BAIL BONDS LICENSE. You guys can go ahead and delete this because it is the answer to all the so called confussion. The truth is they dont want people to know how to get to there goal because they cant stand the competition.
Douglas;
Apparently you missed a key portion of my posting; it is a crime in the State of Michigan to utilize the term “Fugitive Recovery Agent” under the Law Enforcement Identification Act ~ MCL 750.216b (3)
As used in this section, “law enforcement identification” means any identification that contains the words “law enforcement” or similar words, including, but not limited to, “agent”, “enforcement agent”, “detective”, “task force”, “FUGITIVE RECOVERY AGENT”, or any other combination of names that gives the impression that the bearer is in any way connected with the federal government, state government, or any political subdivision of a state government. However, law enforcement identification does not include “bail agent” or “bondsman” when used by a bail agent or bondsman operating in accordance with section 167b.
Further; the majority of the states that require licensing of Recovery Agents require them to utilize either the term Bail Enforcement Agent; or Bounty Hunter and specifically bar the term Fugitive Recovery Agent as they fell it can lead the common person to the false belief that they are sworn Law Enforcement Officers.
And; yes, I know what you are referring to about Bail Agent licensing here in MI but you left out an important fact.
Yes you need to become; at least, a Licensed Limited Lines Property & Casualty Insurance Agent and appointed to write Surety Bonds to post bail; but, there is a little known loop hole that allows for another type of bondsman here in MI; that is the Property Bondsmen.
Unlike the Insurance backed Bail Agent; Property Bondsmen are not licensed insurance producers and utilize their private property to back their bonds. Once approved by a Judge they are permitted to post bonds in that court.
I may seem to contradict myself here from my original posting as the following bill creates the term Bail Enforcement Agent under MI law.
One of the main reason the recent bill (H 5943) “Bail Enforcement Agent Licensing Act” was tabled in the first session of the House is because of resistance from the Property Bondsmen; but, I am certain that it will pass in an upcoming session of the House once the finical aspects of implementing censure and an acceptable compromise is made with the Bail Agents and Property Bondsmen.
Douglas;
Apparently you missed a key portion of my posting; it is a crime in the State of Michigan to utilize the term “Fugitive Recovery Agent” under the Law Enforcement Identification Act ~ MCL 750.216b (3)
As used in this section, “law enforcement identification” means any identification that contains the words “law enforcement” or similar words, including, but not limited to, “agent”, “enforcement agent”, “detective”, “task force”, “FUGITIVE RECOVERY AGENT”, or any other combination of names that gives the impression that the bearer is in any way connected with the federal government, state government, or any political subdivision of a state government. However, law enforcement identification does not include “bail agent” or “bondsman” when used by a bail agent or bondsman operating in accordance with section 167b.
Further; the majority of the states that require licensing of Recovery Agents require them to utilize either the term Bail Enforcement Agent; or Bounty Hunter and specifically bar the term Fugitive Recovery Agent as they fell it can lead the common person to the false belief that they are sworn Law Enforcement Officers.
And; yes, I know what you are referring to about Bail Agent licensing here in MI but you left out an important fact.
Yes you need to become; at least, a Licensed Limited Lines Property & Casualty Insurance Agent and appointed to write Surety Bonds to post bail; but, there is a little known loop hole that allows for another type of bondsman here in MI; that is the Property Bondsmen.
Unlike the Insurance backed Bail Agent; Property Bondsmen are not licensed insurance producers and utilize their private property to back their bonds. Once approved by a Judge they are permitted to post bonds in that court.
I may seem to contradict myself here from my original posting as the following bill creates the term Bail Enforcement Agent under MI law.
One of the main reason the recent bill (H 5943) “Bail Enforcement Agent Licensing Act” was tabled in the first session of the House is because of resistance from the Property Bondsmen; but, I am certain that it will pass in an upcoming session of the House once the finical aspects of implementing censure and an acceptable compromise is made with the Bail Agents and Property Bondsmen.
I understand the laws and agree very much with you on your post. The property bondsman in Michigan are Grand Fathered in from years ago. I beleive there are only 2 companies there that are property bondsman. ( They are both grand fathered in (Change of court rules) Most courts in Michigan you must be registered in to write a bond will not allow a Property Bondsman to do business.
The new well its no where new House Bill Being pushed has been being pushed for Decades they have changed it many a time and they have not approved it like you said. Do to money problems? I think they could charge enough to make a little money. Just look at a price tag on getting an agency license for professional investigator. They have to do something. Thats a Fact. It is a very trust oriented position to just have. Very dangerous to the community and the defendents/ Fugitives being sought after.
Other problems including the exam, The exam to be a licensed Surety agent in Michigan has not one question about even writing a bail bond. Not one question about laws of the bonding business. Im telling you the last thing you want is a bunch of pencil pushers writing bonds at any jail when they dont even know how to read the person they are bonding out. Or the cosigners they are writing the bond for. There is a lot of that going on. Then someone like me has to waste my time chassing them down. Just because they wanted to make there 2% on a bond. Non Liable Agents in Michigan have no recoarse. They could write a million dollares worth of bonds not care what happens. That is completly on fare to the agency.
I understand the laws and agree very much with you on your post. The property bondsman in Michigan are Grand Fathered in from years ago. I beleive there are only 2 companies there that are property bondsman. ( They are both grand fathered in (Change of court rules) Most courts in Michigan you must be registered in to write a bond will not allow a Property Bondsman to do business.
The new well its no where new House Bill Being pushed has been being pushed for Decades they have changed it many a time and they have not approved it like you said. Do to money problems? I think they could charge enough to make a little money. Just look at a price tag on getting an agency license for professional investigator. They have to do something. Thats a Fact. It is a very trust oriented position to just have. Very dangerous to the community and the defendents/ Fugitives being sought after.
Other problems including the exam, The exam to be a licensed Surety agent in Michigan has not one question about even writing a bail bond. Not one question about laws of the bonding business. Im telling you the last thing you want is a bunch of pencil pushers writing bonds at any jail when they dont even know how to read the person they are bonding out. Or the cosigners they are writing the bond for. There is a lot of that going on. Then someone like me has to waste my time chassing them down. Just because they wanted to make there 2% on a bond. Non Liable Agents in Michigan have no recoarse. They could write a million dollares worth of bonds not care what happens. That is completly on fare to the agency.