N.Y. General Business Law Section 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 § 89-F (Definitions)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.

Source: Section 71 — Definitions, https://www.­nysenate.­gov/legislation/laws/GBS/71 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 71’s source at nysenate​.gov

Link Style