S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4000

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 4, 2013
                               ___________

Introduced  by  Sens.  ZELDIN, MAZIARZ, SAVINO -- read twice and ordered
  printed, and when printed to be committed to the Committee on Consumer
  Protection

AN ACT to amend the general business law, in relation  to  licenses  for
  private  investigators,  bail  enforcement  agents and watch, guard or
  patrol agencies

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 70 of the general business law, as amended by chap-
ter  562  of  the  laws  of 2000 and subdivision 3 as further amended by
section 104 of part A of chapter 62 of the laws of 2011, is  amended  to
read as follows:
  S  70.  [Licenses] PRIVATE INVESTIGATOR LICENSE.  1. The department of
state shall have the power  to  issue  [separate]  licenses  to  private
investigators[,  bail  enforcement  agents and to watch, guard or patrol
agencies]. Nothing in this article shall prevent a private  investigator
licensed  hereunder  from  performing  the services of a watch, guard or
patrol agency or bail enforcement agent as defined  herein;  however,  a
watch,  guard or patrol agency or bail enforcement agent may not perform
the services of a private investigator as defined herein.
  2. No person, firm, company, partnership, limited liability company or
corporation shall engage in the business of private investigator[, busi-
ness of bail enforcement agents or  the  business  of  watch,  guard  or
patrol  agency,]  or  advertise his, their or its business to be that of
private investigator[, bail enforcement agent or watch, guard or  patrol
agency,] notwithstanding the name or title used in describing such agen-
cy  or  notwithstanding  the  fact that other functions and services may
also be performed for fee, hire or reward, without having first obtained
from the department  of  state  a  license  so  to  do,  as  hereinafter
provided,  for each bureau, agency, sub-agency, office and branch office
to be owned, conducted, managed or  maintained  by  such  person,  firm,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06534-02-3
              

S. 4000                             2

company,  partnership,  limited liability company or corporation for the
conduct of such business.
  3. No person, firm, company, partnership, limited liability company or
corporation  shall engage in the business of furnishing or supplying for
fee, hire or any consideration or reward information as to the  personal
character  or  activities  of any person, firm, company, or corporation,
society or association, or any person or group of persons, or as to  the
character  or  kind  of the business and occupation of any person, firm,
company or corporation, or own or conduct or maintain a bureau or agency
for the above mentioned purposes, except exclusively as to the financial
rating, standing, and credit responsibility of persons, firms, companies
or corporations, or as to the personal habits and financial responsibil-
ity of applicants for insurance, indemnity bonds or commercial credit or
of claimants under insurance policies, provided the business so exempted
does not embrace other activities as described in section seventy-one of
this article, or except where such information is furnished or  supplied
by  persons  licensed  under  the provisions of section twenty-four-a or
subdivision three-b of section fifty of the workers' compensation law or
representing employers or groups of employers insured under the workers'
compensation law in the  state  insurance  fund,  without  having  first
obtained  from the department of state, as hereafter provided, a license
so to do as private investigator for each such bureau or agency and  for
each  and  every  sub-agency,  office  and  branch  office  to be owned,
conducted, managed or maintained by such persons, firm, limited  liabil-
ity  company,  partnership  or corporation for the conduct of such busi-
ness. Nothing contained in this section shall be deemed to  include  the
business  of  adjusters  for  insurance  companies, nor public adjusters
licensed by the superintendent of financial services under the insurance
law of this state.
  4. Any person, firm, company, partnership or corporation who  violates
any provision of this section shall be guilty of a class [B misdemeanor]
E FELONY.
  S  2. The general business law is amended by adding a new section 70-a
to read as follows:
  S 70-A. BAIL ENFORCEMENT AGENTS AND WATCH, GUARD OR  PATROL  AGENCIES.
1.  THE  DEPARTMENT  OF  STATE  SHALL  HAVE  THE POWER TO ISSUE SEPARATE
LICENCES TO BAIL ENFORCEMENT AGENTS AND TO WATCH, GUARD OR PATROL  AGEN-
CIES.  NOTHING  IN  THIS  ARTICLE  SHALL  PREVENT A PRIVATE INVESTIGATOR
LICENSED HEREUNDER FROM PERFORMING THE SERVICES OF  A  WATCH,  GUARD  OR
PATROL  AGENCY  OR  BAIL  ENFORCEMENT  AGENT AS DEFINED IN THIS ARTICLE;
HOWEVER, A WATCH, GUARD OR PATROL AGENCY OR BAIL ENFORCEMENT  AGENT  MAY
NOT  PERFORM  THE  SERVICES OF A PRIVATE INVESTIGATOR AS DEFINED IN THIS
ARTICLE.
  2. NO PERSON, FIRM, COMPANY, PARTNERSHIP, LIMITED LIABILITY COMPANY OR
CORPORATION SHALL ENGAGE IN THE BUSINESS OF BAIL ENFORCEMENT  AGENTS  OR
THE  BUSINESS  OF WATCH, GUARD OR PATROL AGENCY, OR ADVERTISE HIS, THEIR
OR ITS BUSINESS TO BE THAT OF BAIL ENFORCEMENT AGENT OR WATCH, GUARD  OR
PATROL AGENCY, NOTWITHSTANDING THE NAME OR TITLE USED IN DESCRIBING SUCH
AGENCY OR NOTWITHSTANDING THE FACT THAT OTHER FUNCTIONS AND SERVICES MAY
ALSO BE PERFORMED FOR FEE, HIRE OR REWARD, WITHOUT HAVING FIRST OBTAINED
FROM  THE  DEPARTMENT  OF  STATE  A  LICENSE  SO  TO  DO, AS HEREINAFTER
PROVIDED, FOR EACH BUREAU, AGENCY, SUB-AGENCY, OFFICE AND BRANCH  OFFICE
TO  BE  OWNED,  CONDUCTED,  MANAGED  OR MAINTAINED BY SUCH PERSON, FIRM,
COMPANY, PARTNERSHIP, LIMITED LIABILITY COMPANY OR CORPORATION  FOR  THE
CONDUCT OF SUCH BUSINESS.

S. 4000                             3

  3.  ANY PERSON, FIRM, COMPANY, PARTNERSHIP OR CORPORATION WHO VIOLATES
ANY PROVISION OF THIS SECTION SHALL BE GUILTY OF A CLASS B MISDEMEANOR.
  S  3.  Section 85 of the general business law, as added by chapter 349
of the laws of 1938, is amended to read as follows:
  S 85. [Attorney-general to prosecute] PROSECUTION.    Criminal  action
for  violation of this article shall be prosecuted by the [attorney-gen-
eral] ATTORNEY GENERAL, [or his] HIS OR HER deputy, OR A DISTRICT ATTOR-
NEY, in the name of the people of the state[, and in]. IN any such pros-
ecution the [attorney-general] ATTORNEY GENERAL, or his OR  HER  deputy,
shall  exercise all the powers and perform all duties which the district
attorney would otherwise be authorized to exercise or to perform  there-
in.  The  [attorney-general]  ATTORNEY  GENERAL  OR  A DISTRICT ATTORNEY
shall, upon a conviction for a violation of any provision of this  arti-
cle and within ten days thereafter, make and file with the department of
state a detailed report showing the date of such conviction, the name of
the person convicted and the nature of the charge.
  S  4. This act shall take effect one year after it shall have become a
law.