Section 71. Definitions  


Latest version.
  • 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 insurance 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  insurance  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  insurance  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.