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

                                  4996

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 28, 2015
                               ___________

Introduced  by Sen. VENDITTO -- 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 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:

  Section 1. Section 83 of the general business law, as amended by chap-
ter 562 of the laws of  2000,  and  the  opening  paragraph  as  further
amended  by  section 104 of part A of chapter 62 of the laws of 2011, is
amended to read as follows:
  S 83. Application of article. Nothing in this article shall  apply  to
any  detective or officer belonging to the police force of the state, or
any county, city, town or village thereof, appointed or elected  by  due
authority  of law, or to any person in the employ of any police force or
police department of the state, or of any county, city, town or  village
thereof  while  engaged in the performance of their official duties; nor
to any person, firm,  limited  liability  company,  partnership,  corpo-
ration,  or  any  bureau  or  agency,  whose business is exclusively the
furnishing of information as to the business and financial standing, and
credit responsibility of persons, firms, or corporations, or as  to  the
personal  habits  and  financial responsibility of applicants for insur-
ance, indemnity bonds or commercial credit or of claimants under  insur-
ance policies, NOR TO ANY PERSON LICENSED AS A CERTIFIED PUBLIC ACCOUNT-
ANT  WHILE  ENGAGED  IN THE PRACTICE OF PUBLIC ACCOUNTANCY AS DEFINED IN
ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW OR ANY FIRM, LIMITED
LIABILITY COMPANY, PARTNERSHIP OR CORPORATION REGISTERED AS A  CERTIFIED
PUBLIC ACCOUNTING FIRM BY THE COMMISSIONER OF EDUCATION WHILE PERFORMING
SERVICES REGULATED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION
LAW  OR PART 70 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION; and
whose business does not embrace other activities  described  in  section
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
              

S. 4996                             2

commissioner of labor under the provisions of section  twenty-four-a  or
subdivision three-b of section fifty of the workers' compensation law or
whose  business is representing employers or groups of employers insured
under  the workers' compensation law in the state insurance fund; nor to
any corporation duly authorized by the state to operate a central  burg-
lar  or  fire alarm protection business; nor to any person while engaged
in the business of adjuster for an insurance company nor to  any  public
adjuster  licensed by the superintendent of financial services under the
insurance law nor to any person regularly  employed  as  special  agent,
detective or investigator exclusively by one employer in connection with
the affairs of that employer only nor to any charitable or philanthropic
society or association duly incorporated under the laws of the state and
which  is  organized  and  maintained  for  the  public good and not for
private  profit,  nor  shall  anything  in  this  article  contained  be
construed  to  affect  in  any way attorneys or counselors at law in the
regular practice of their profession, but such exemption shall not enure
to the benefit of any employee or representative  of  such  attorney  or
counselor  at  law who is not employed solely, exclusively and regularly
by such attorney or counselor at law.  No person, firm, limited  liabil-
ity  company,  partnership, corporation or any bureau or agency exempted
hereunder from the application of this article shall perform any  manner
of  private  investigator,  bail  enforcement  agent  or watch, guard or
patrol agency service as described in section seventy-one of this  arti-
cle, for any other person, firm, limited liability company, partnership,
corporation,  bureau  or  agency  whether  for  fee, hire, reward, other
compensation, remuneration, or  consideration  or  as  an  accommodation
without  fee,  reward  or  remuneration  or  by a reciprocal arrangement
whereby such services are exchanged on request of parties  thereto.  The
commission of a single act prohibited by this article shall constitute a
violation thereof.
  Nothing  in  this article shall be construed to affect or prohibit the
right of any person to form or become affiliated with or to continue  as
a  member  of any union, association, society or organization of his own
choosing.
  S 2. This act shall take effect immediately.