Bill Text: NY A07691 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to exemptions for the licensure of private investigators.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-08-13 - signed chap.127 [A07691 Detail]

Download: New_York-2015-A07691-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7691
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 22, 2015
                                      ___________
       Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
         Committee on Economic Development
       AN ACT to amend the general business law, in relation to exemptions  for
         the licensure of private investigators
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 83 of the general business law, as amended by chap-
    2  ter 562 of the laws of  2000,  and  the  opening  paragraph  as  further
    3  amended  by  section 104 of part A of chapter 62 of the laws of 2011, is
    4  amended to read as follows:
    5    S 83. Application of article. Nothing in this article shall  apply  to
    6  any  detective or officer belonging to the police force of the state, or
    7  any county, city, town or village thereof, appointed or elected  by  due
    8  authority  of law, or to any person in the employ of any police force or
    9  police department of the state, or of any county, city, town or  village
   10  thereof  while  engaged in the performance of their official duties; nor
   11  to any person, firm,  limited  liability  company,  partnership,  corpo-
   12  ration,  or  any  bureau  or  agency,  whose business is exclusively the
   13  furnishing of information as to the business and financial standing, and
   14  credit responsibility of persons, firms, or corporations, or as  to  the
   15  personal  habits  and  financial responsibility of applicants for insur-
   16  ance, indemnity bonds or commercial credit or of claimants under  insur-
   17  ance policies, NOR TO ANY PERSON LICENSED AS A CERTIFIED PUBLIC ACCOUNT-
   18  ANT  WHILE  ENGAGED  IN THE PRACTICE OF PUBLIC ACCOUNTANCY AS DEFINED IN
   19  ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW OR ANY FIRM, LIMITED
   20  LIABILITY COMPANY, PARTNERSHIP OR CORPORATION REGISTERED AS A  CERTIFIED
   21  PUBLIC ACCOUNTING FIRM BY THE COMMISSIONER OF EDUCATION WHILE PERFORMING
   22  SERVICES REGULATED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION
   23  LAW  OR PART 70 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION; and
   24  whose business does not embrace other activities  described  in  section
   25  seventy-one  of  this  article;  or  whose  business  is licensed by the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10699-01-5
       A. 7691                             2
    1  commissioner of labor under the provisions of section  twenty-four-a  or
    2  subdivision three-b of section fifty of the workers' compensation law or
    3  whose  business is representing employers or groups of employers insured
    4  under  the workers' compensation law in the state insurance fund; nor to
    5  any corporation duly authorized by the state to operate a central  burg-
    6  lar  or  fire alarm protection business; nor to any person while engaged
    7  in the business of adjuster for an insurance company nor to  any  public
    8  adjuster  licensed by the superintendent of financial services under the
    9  insurance law nor to any person regularly  employed  as  special  agent,
   10  detective or investigator exclusively by one employer in connection with
   11  the affairs of that employer only nor to any charitable or philanthropic
   12  society or association duly incorporated under the laws of the state and
   13  which  is  organized  and  maintained  for  the  public good and not for
   14  private  profit,  nor  shall  anything  in  this  article  contained  be
   15  construed  to  affect  in  any way attorneys or counselors at law in the
   16  regular practice of their profession, but such exemption shall not enure
   17  to the benefit of any employee or representative  of  such  attorney  or
   18  counselor  at  law who is not employed solely, exclusively and regularly
   19  by such attorney or counselor at law.  No person, firm, limited  liabil-
   20  ity  company,  partnership, corporation or any bureau or agency exempted
   21  hereunder from the application of this article shall perform any  manner
   22  of  private  investigator,  bail  enforcement  agent  or watch, guard or
   23  patrol agency service as described in section seventy-one of this  arti-
   24  cle, for any other person, firm, limited liability company, partnership,
   25  corporation,  bureau  or  agency  whether  for  fee, hire, reward, other
   26  compensation, remuneration, or  consideration  or  as  an  accommodation
   27  without  fee,  reward  or  remuneration  or  by a reciprocal arrangement
   28  whereby such services are exchanged on request of parties  thereto.  The
   29  commission of a single act prohibited by this article shall constitute a
   30  violation thereof.
   31    Nothing  in  this article shall be construed to affect or prohibit the
   32  right of any person to form or become affiliated with or to continue  as
   33  a  member  of any union, association, society or organization of his own
   34  choosing.
   35    S 2. This act shall take effect immediately.