§ 71 — Definitions

§ 71. Definitions. 1. "Private investigator" shall mean and include\nthe business of private investigator and shall also mean and include,\nseparately or collectively, the making for hire, reward or for any\nconsideration whatsoever, of any investigation, or investigations for\nthe purpose of obtaining information with reference to any of the\nfollowing matters, notwithstanding the fact that other functions and\nservices may also be performed for fee, hire or reward; crime or wrongs\ndone or threatened against the government of the United States of\nAmerica or any state or territory of the United States of America; the\nidentity, habits, conduct, movements, whereabouts, affiliations,\nassociations, transactions, reputation or character of any person, group\nof persons, association, organization, society, other groups of persons,\nfirm or corporation; the credibility of witnesses or other persons; the\nwhereabouts of missing persons; the location or recovery of lost or\nstolen property; the causes and origin of, or responsibility for fires,\nor libels, or losses, or accidents, or damage or injuries to real or\npersonal property; or the affiliation, connection or relation of any\nperson, firm or corporation with any union, organization, society or\nassociation, or with any official, member or representative thereof; or\nwith reference to any person or persons seeking employment in the place\nof any person or persons who have quit work by reason of any strike; or\nwith reference to the conduct, honesty, efficiency, loyalty or\nactivities of employees, agents, contractors, and sub-contractors; or\nthe securing of evidence to be used before any authorized investigating\ncommittee, board of award, board of arbitration, or in the trial of\ncivil or criminal cases. The foregoing shall not be deemed to include\nthe business of persons licensed by the industrial commissioner under\nthe provisions of section twenty-four-a or subdivision three-b of\nsection fifty of the workmen's compensation law or representing\nemployers or groups of employers insured under the workmen's\ncompensation law in the state insurance fund, nor persons engaged in the\nbusiness of adjusters for insurance companies nor public adjusters\nlicensed by the superintendent of financial services under the insurance\nlaw of this state.\n 1-a. "Bail enforcement agent" shall mean and include only the business\nof bail enforcement and shall also mean and include, separately or\ncollectively, the engaging in the business of enforcing the terms and\nconditions of a person's release from custody on bail in a criminal\nproceeding, including locating, apprehending and returning any such\nperson released from custody on bail who has failed to appear at any\nstage of a criminal proceeding to answer the charge before the court in\nwhich he may be prosecuted. The foregoing shall not be deemed to include\nthe business of persons licensed under the provisions of section\ntwenty-four-a or subdivision three-b of section fifty of the workers'\ncompensation law or representing employers or groups of employers\ninsured under the workers' compensation law in the state insurance fund,\nnor persons engaged in the business of adjusters for insurance companies\nnor public adjusters licensed by the superintendent of financial\nservices under the insurance law of this state or the business of\nprivate investigator, watch, guard or patrol agency or security guard\ncompany.\n 2. "Watch, guard or patrol agency" shall mean and include the business\nof watch, guard or patrol agency and shall also mean and include,\nseparately or collectively, the furnishing, for hire or reward, of\nwatchmen or guards or private patrolmen or other persons to protect\npersons or property or to prevent the theft or the unlawful taking of\ngoods, wares and merchandise, or to prevent the misappropriation or\nconcealment of goods, wares or merchandise, money, bonds, stocks, choses\nin action, notes or other valuable documents, papers, and articles of\nvalue, or to procure the return thereof or the performing of the service\nof such guard or other person for any of said purposes. The foregoing\nshall not be deemed to include the business of persons licensed by the\nindustrial commissioner under the provisions of section twenty-four-a or\nsubdivision three-b of section fifty of the workmen's compensation law\nor representing employers or groups of employers insured under the\nworkmen's compensation law in the state insurance fund, nor persons\nengaged in the business of adjusters for insurance companies nor public\nadjusters licensed by the superintendent of financial services under the\ninsurance law of this state.\n 3. The term the "business of private investigator," and the term\n"private investigator" shall mean and include any person, firm, limited\nliability company, partnership or corporation engaged in the business of\nprivate investigator as defined in subdivision one of this section with\nor without the assistance of any employee or employees. The term\n"business of watch, guard or patrol agency" and the term "watch, guard\nor patrol agency" shall mean and include any person, firm, limited\nliability company, partnership or corporation engaged in the business of\nwatch, guard or patrol agency as defined in subdivision two of this\nsection or the business of a security guard company as defined in\nsubdivision five of section eighty-nine-f of this chapter with or\nwithout the assistance of any employee or employees. For the purposes of\nthis article, a public entity as defined in subdivision seven of section\neighty-nine-f of this chapter or a security guard company which utilizes\nsecurity guards solely for its own proprietary use shall not be deemed a\nsecurity guard company.\n 4. The term "business of bail enforcement agent" and the term "bail\nenforcement agent" shall mean and include any person, firm, company,\npartnership or corporation engaged in the business of bail enforcement\nas defined in subdivision one-a of this section with or without the\nassistance of any employee or employees.\n