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A07691 Summary:

BILL NO    A07691 

SAME AS    SAME AS S04996

SPONSOR    Schimminger

COSPNSR    

MLTSPNSR   

Amd S83, Gen Bus L

Relates to exemptions for the licensure of private investigators.
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A07691 Memo:

BILL NUMBER:A7691

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 0
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.
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