Legislation
SECTION 83
Application of article
General Business (GBS) CHAPTER 20, ARTICLE 7
§ 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,
corporation, 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
insurance, indemnity bonds or commercial credit or of claimants under
insurance policies, nor to any person licensed as a certified public
accountant 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 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 burglar 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 liability 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 article, 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.
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,
corporation, 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
insurance, indemnity bonds or commercial credit or of claimants under
insurance policies, nor to any person licensed as a certified public
accountant 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 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 burglar 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 liability 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 article, 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.