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A07691 Summary:

BILL NOA07691
 
SAME ASSAME AS S04996
 
SPONSORSchimminger
 
COSPNSR
 
MLTSPNSR
 
Amd S83, Gen Bus L
 
Relates to exemptions for the licensure of private investigators.
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A07691 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7691
 
SPONSOR: Schimminger
  TITLE OF BILL: An act to amend the general business law, in relation to exemptions for the licensure of private investigators   PURPOSE OF THE BILL: 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 imme- diately.   EXISTING LAW: None.   JUSTIFICATION: Currently, New York State law regulating private investigators may inad- vertently require a CPA conducting forensic accounting work to become licensed as a private investigator. For example, CPAs who work as foren- sic 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.
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