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S4996Senate2015-2016 SessionSame asA7691

Relates to exemptions for the licensure of private investigators

Sponsor Michael VendittoSD-8Affects Public Safety & Consumer Affairs
Status
Senate Floor Calendar
Impact
Pending
Outcome
Companion signed

Bill progress

Signed via A7691

What's happening

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Who cares

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Sponsors

Primary sponsor
Michael Venditto

Senator · Senate District 8

Chair, Consumer Protection

No co-sponsors yet.

History

  1. Substituted by A7691
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.1037
  5. Referred to consumer protection

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A7691Assembly

Relates to exemptions for the licensure of private investigators

Signed by Governor · Sponsor Robin Schimminger

Signed into law

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S4996

Title of bill

An act to amend the general business law, in relation to exemptions for the licensure of private investigators

Purpose

To exempt Certified Public Accountants (CPAs) and CPA firms from the licensure requirements of private investigators.

Summary of provisions

Section 1 of the bill amends Section 83 of the General Business Law to exempt CPAs and CPA firms from the licensure requirements of private investigators.

Section 2 of the bill provides that this act shall take effect immediately.

Existing law

None.

Justification

Currently, New York State law regulating private investigators may inadvertently require a CPA conducting forensic accounting work to become licensed as a private investigator. For example, CPAs who work as forensic accountants are often brought in when financial fraud is suspected. Investigating transactions of companies and individuals of companies falls under their responsibility as a forensic accountant. In addition, CPAs often conduct background checks when performing assessments of evaluation of work around a breach of privacy or cyber security attack.

Since CPAs are already regulated by the New York State Department of Education, they should be exempted from this dual licensure requirement and duplicative oversight from an additional state agency. Current New York statute explicitly provides exemptions from licensure as a private detective for other regulated professions such as State and local Police Officers/Detectives, attorneys, public and private insurance adjusters, personal and commercial credit screening businesses, licensed workers' compensation representatives, licensed Security/Fire Alarm protection businesses as well as investigators employed exclusively by one employer in relation to affairs of that employer and charitable organizations maintained for the public good and not for private profit.

Other states, including Ohio, Michigan, Colorado, Virginia as well as the District of Columbia have adopted laws to exempt CPAs from having to register as private investigators.

Legislative history

None.

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.