Legislation
SECTION 71
Definitions
General Business (GBS) CHAPTER 20, ARTICLE 7
§ 71. Definitions. 1. "Private investigator" shall mean and include
the business of private investigator and shall also mean and include,
separately or collectively, the making for hire, reward or for any
consideration whatsoever, of any investigation, or investigations for
the purpose of obtaining information with reference to any of the
following matters, notwithstanding the fact that other functions and
services may also be performed for fee, hire or reward; crime or wrongs
done or threatened against the government of the United States of
America or any state or territory of the United States of America; the
identity, habits, conduct, movements, whereabouts, affiliations,
associations, transactions, reputation or character of any person, group
of persons, association, organization, society, other groups of persons,
firm or corporation; the credibility of witnesses or other persons; the
whereabouts of missing persons; the location or recovery of lost or
stolen property; the causes and origin of, or responsibility for fires,
or libels, or losses, or accidents, or damage or injuries to real or
personal property; or the affiliation, connection or relation of any
person, firm or corporation with any union, organization, society or
association, or with any official, member or representative thereof; or
with reference to any person or persons seeking employment in the place
of any person or persons who have quit work by reason of any strike; or
with reference to the conduct, honesty, efficiency, loyalty or
activities of employees, agents, contractors, and sub-contractors; or
the securing of evidence to be used before any authorized investigating
committee, board of award, board of arbitration, or in the trial of
civil or criminal cases. The foregoing shall not be deemed to include
the business of persons licensed by the industrial commissioner under
the provisions of section twenty-four-a or subdivision three-b of
section fifty of the workmen's compensation law or representing
employers or groups of employers insured under the workmen's
compensation law in the state insurance fund, nor persons engaged in the
business of adjusters for insurance companies nor public adjusters
licensed by the superintendent of financial services under the insurance
law of this state.
1-a. "Bail enforcement agent" shall mean and include only the business
of bail enforcement and shall also mean and include, separately or
collectively, the engaging in the business of enforcing the terms and
conditions of a person's release from custody on bail in a criminal
proceeding, including locating, apprehending and returning any such
person released from custody on bail who has failed to appear at any
stage of a criminal proceeding to answer the charge before the court in
which he may be prosecuted. The foregoing shall not be deemed to include
the business of 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,
nor persons engaged in the business of adjusters for insurance companies
nor public adjusters licensed by the superintendent of financial
services under the insurance law of this state or the business of
private investigator, watch, guard or patrol agency or security guard
company.
2. "Watch, guard or patrol agency" shall mean and include the business
of watch, guard or patrol agency and shall also mean and include,
separately or collectively, the furnishing, for hire or reward, of
watchmen or guards or private patrolmen or other persons to protect
persons or property or to prevent the theft or the unlawful taking of
goods, wares and merchandise, or to prevent the misappropriation or
concealment of goods, wares or merchandise, money, bonds, stocks, choses
in action, notes or other valuable documents, papers, and articles of
value, or to procure the return thereof or the performing of the service
of such guard or other person for any of said purposes. The foregoing
shall not be deemed to include the business of persons licensed by the
industrial commissioner under the provisions of section twenty-four-a or
subdivision three-b of section fifty of the workmen's compensation law
or representing employers or groups of employers insured under the
workmen's compensation law in the state insurance fund, nor persons
engaged in the business of adjusters for insurance companies nor public
adjusters licensed by the superintendent of financial services under the
insurance law of this state.
3. The term the "business of private investigator," and the term
"private investigator" shall mean and include any person, firm, limited
liability company, partnership or corporation engaged in the business of
private investigator as defined in subdivision one of this section with
or without the assistance of any employee or employees. The term
"business of watch, guard or patrol agency" and the term "watch, guard
or patrol agency" shall mean and include any person, firm, limited
liability company, partnership or corporation engaged in the business of
watch, guard or patrol agency as defined in subdivision two of this
section or the business of a security guard company as defined in
subdivision five of section eighty-nine-f of this chapter with or
without the assistance of any employee or employees. For the purposes of
this article, a public entity as defined in subdivision seven of section
eighty-nine-f of this chapter or a security guard company which utilizes
security guards solely for its own proprietary use shall not be deemed a
security guard company.
4. The term "business of bail enforcement agent" and the term "bail
enforcement agent" shall mean and include any person, firm, company,
partnership or corporation engaged in the business of bail enforcement
as defined in subdivision one-a of this section with or without the
assistance of any employee or employees.
the business of private investigator and shall also mean and include,
separately or collectively, the making for hire, reward or for any
consideration whatsoever, of any investigation, or investigations for
the purpose of obtaining information with reference to any of the
following matters, notwithstanding the fact that other functions and
services may also be performed for fee, hire or reward; crime or wrongs
done or threatened against the government of the United States of
America or any state or territory of the United States of America; the
identity, habits, conduct, movements, whereabouts, affiliations,
associations, transactions, reputation or character of any person, group
of persons, association, organization, society, other groups of persons,
firm or corporation; the credibility of witnesses or other persons; the
whereabouts of missing persons; the location or recovery of lost or
stolen property; the causes and origin of, or responsibility for fires,
or libels, or losses, or accidents, or damage or injuries to real or
personal property; or the affiliation, connection or relation of any
person, firm or corporation with any union, organization, society or
association, or with any official, member or representative thereof; or
with reference to any person or persons seeking employment in the place
of any person or persons who have quit work by reason of any strike; or
with reference to the conduct, honesty, efficiency, loyalty or
activities of employees, agents, contractors, and sub-contractors; or
the securing of evidence to be used before any authorized investigating
committee, board of award, board of arbitration, or in the trial of
civil or criminal cases. The foregoing shall not be deemed to include
the business of persons licensed by the industrial commissioner under
the provisions of section twenty-four-a or subdivision three-b of
section fifty of the workmen's compensation law or representing
employers or groups of employers insured under the workmen's
compensation law in the state insurance fund, nor persons engaged in the
business of adjusters for insurance companies nor public adjusters
licensed by the superintendent of financial services under the insurance
law of this state.
1-a. "Bail enforcement agent" shall mean and include only the business
of bail enforcement and shall also mean and include, separately or
collectively, the engaging in the business of enforcing the terms and
conditions of a person's release from custody on bail in a criminal
proceeding, including locating, apprehending and returning any such
person released from custody on bail who has failed to appear at any
stage of a criminal proceeding to answer the charge before the court in
which he may be prosecuted. The foregoing shall not be deemed to include
the business of 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,
nor persons engaged in the business of adjusters for insurance companies
nor public adjusters licensed by the superintendent of financial
services under the insurance law of this state or the business of
private investigator, watch, guard or patrol agency or security guard
company.
2. "Watch, guard or patrol agency" shall mean and include the business
of watch, guard or patrol agency and shall also mean and include,
separately or collectively, the furnishing, for hire or reward, of
watchmen or guards or private patrolmen or other persons to protect
persons or property or to prevent the theft or the unlawful taking of
goods, wares and merchandise, or to prevent the misappropriation or
concealment of goods, wares or merchandise, money, bonds, stocks, choses
in action, notes or other valuable documents, papers, and articles of
value, or to procure the return thereof or the performing of the service
of such guard or other person for any of said purposes. The foregoing
shall not be deemed to include the business of persons licensed by the
industrial commissioner under the provisions of section twenty-four-a or
subdivision three-b of section fifty of the workmen's compensation law
or representing employers or groups of employers insured under the
workmen's compensation law in the state insurance fund, nor persons
engaged in the business of adjusters for insurance companies nor public
adjusters licensed by the superintendent of financial services under the
insurance law of this state.
3. The term the "business of private investigator," and the term
"private investigator" shall mean and include any person, firm, limited
liability company, partnership or corporation engaged in the business of
private investigator as defined in subdivision one of this section with
or without the assistance of any employee or employees. The term
"business of watch, guard or patrol agency" and the term "watch, guard
or patrol agency" shall mean and include any person, firm, limited
liability company, partnership or corporation engaged in the business of
watch, guard or patrol agency as defined in subdivision two of this
section or the business of a security guard company as defined in
subdivision five of section eighty-nine-f of this chapter with or
without the assistance of any employee or employees. For the purposes of
this article, a public entity as defined in subdivision seven of section
eighty-nine-f of this chapter or a security guard company which utilizes
security guards solely for its own proprietary use shall not be deemed a
security guard company.
4. The term "business of bail enforcement agent" and the term "bail
enforcement agent" shall mean and include any person, firm, company,
partnership or corporation engaged in the business of bail enforcement
as defined in subdivision one-a of this section with or without the
assistance of any employee or employees.