2013 New York Consolidated Laws
GBS - General Business
Article 7 - (70 - 89-A) PRIVATE INVESTIGATORS, BAIL ENFORCEMENT AGENTS AND WATCH, GUARD AND PATROL AGENCIES
71 - Definitions.


NY Gen Bus L § 71 (2012) What's This?
 
    §  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.

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