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A08977 Summary:

BILL NOA08977
 
SAME ASNo Same As
 
SPONSORRosenthal
 
COSPNSR
 
MLTSPNSR
 
Amd §84, Gen Bus L
 
Provides that it shall be unlawful for a bail enforcement agent to use such bail enforcement agent's position to enforce any immigration action.
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A08977 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8977
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     August 13, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
          Committee on Economic Development
 
        AN ACT to amend the general business law,  in  relation  to  prohibiting
          bail  enforcement  agents  from  using their position to enforce immi-
          gration actions

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 84 of the general business law, as
     2  amended  by  chapter  84  of  the  laws  of  2001, is amended to read as
     3  follows:
     4    1. It is unlawful for the holder of a license, issued under this arti-
     5  cle, or for any employee of such licensee, knowingly to  commit  any  of
     6  the  following  acts within or without the state of New York: to incite,
     7  encourage, or aid in the incitement or encouragement of  any  person  or
     8  persons  who  have  become  a  party  to any strike, to do unlawful acts
     9  against the person or property of any one, or to incite, stir up, create
    10  or aid in the  inciting  of  discontent  or  dissatisfaction  among  the
    11  employees  of any person, firm, limited liability company or corporation
    12  with the intention of having them strike; to interfere or prevent lawful
    13  and peaceful picketing during strikes; to interfere with,  restrain,  or
    14  coerce  employees in the exercise of their right to form, join or assist
    15  any labor organization of their own choosing; to interfere or hinder the
    16  lawful or peaceful collective bargaining between employees  and  employ-
    17  ers;  to  pay, offer, or give any money, gratuity, favor, consideration,
    18  or other thing of value, directly or indirectly, to any person  for  any
    19  verbal  or  written  report of the lawful activities of employees in the
    20  exercise of their right of self-organization, to form, join,  or  assist
    21  labor  organizations and to bargain collectively through representatives
    22  of their own choosing; to advertise for, recruit, furnish or replace  or
    23  offer  to  furnish  or replace for hire or reward, within or without the
    24  state of New York, any help  or  labor,  skilled  or  unskilled,  or  to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13468-02-5

        A. 8977                             2
 
     1  furnish or offer to furnish armed guards, other than armed guards there-
     2  tofore  regularly  employed  for the protection of payrolls, property or
     3  premises, for service upon property which is being  operated  in  antic-
     4  ipation  of  or  during  the course or existence of a strike, or furnish
     5  armed guards upon the highways, for persons involved in  labor  disputes
     6  or  to  furnish  or  offer  to furnish to employers or their agents, any
     7  arms, munitions, tear gas implements, or any other weapons; or  to  send
     8  letters or literature to employers offering to eliminate labor unions or
     9  distribute  or circulate any list of members of a labor organization, or
    10  to advise any person of the membership  of  an  individual  in  a  labor
    11  organization  for  the  express purpose of preventing those so listed or
    12  named from obtaining or retaining employment. The violation  of  any  of
    13  the  provisions of this section shall constitute a misdemeanor and shall
    14  be punishable by a fine of not less than five hundred  dollars,  or  one
    15  year's  imprisonment or both. It is unlawful for the holder of a license
    16  to collect or offer or attempt to  collect  or  directly  or  indirectly
    17  engage  in  the  business  of collecting of debts or claims of any kind,
    18  excepting that the taking possession,  on  behalf  of  a  secured  party
    19  having the right to do so under section 9--609 of the uniform commercial
    20  code, of property in the possession of a debtor who has defaulted in the
    21  performance  of a security agreement secured by such property, shall not
    22  be considered a violation of this section and excepting further that the
    23  secretary of state may grant exemption  from  this  prohibition  in  the
    24  collection  of  debts  to  licensees  who are principally engaged in the
    25  business of credit investigation and credit reporting.  It  is  unlawful
    26  for the holder of a license to furnish or perform any services described
    27  in  subdivisions one and two of section seventy-one of this article on a
    28  contingent or percentage basis or to make or enter  into  any  agreement
    29  for furnishing services of any kind or character, by the terms or condi-
    30  tions  of  which agreement the compensation to be paid for such services
    31  to the holder of a license is partially or wholly  contingent  or  based
    32  upon  a  percentage  of  the  amount  of  money or property recovered or
    33  dependent in any way upon the result achieved. It shall be unlawful  for
    34  a  holder  of a license to use, display, cause to be printed or distrib-
    35  uted, cards, letter-heads, circulars, brochures or any other advertising
    36  material or advertisement in which any name or indicia  of  the  license
    37  status  of  the  licensee is set forth in any manner other than the name
    38  under which the licensee is duly licensed. It is unlawful for a licensed
    39  private investigator or bail enforcement agent to own, have  or  possess
    40  or  in  any manner to wear, exhibit or display, a shield or badge of any
    41  material, kind, nature or description, in the performance of any of  the
    42  activities as private investigator or bail enforcement agent, as distin-
    43  guished  from  watch,  guard or patrol agency, under this article. It is
    44  unlawful for a licensed private investigator or bail  enforcement  agent
    45  to  issue  to any person employed by such licensee, a badge or shield of
    46  any material, kind, nature or description, and it is  unlawful  for  any
    47  person employed by such licensee to possess, carry or display a badge or
    48  shield  of  any  description provided that any licensed private investi-
    49  gator or bail enforcement agent who also  engages  in  the  business  of
    50  watch,  guard  or  patrol agency may possess, use or display or issue to
    51  employees in the conduct of such business, a rectangular metal or  woven
    52  insignia to be worn on the outer clothing and approved by the department
    53  of  state,  which insignia shall not be larger than three inches high or
    54  four inches wide with an inscription thereon containing the word "watch-
    55  man", "guard", "patrol" or "special service" and the name of the  licen-
    56  see.  It  shall  be  unlawful for any licensee to publish or cause to be

        A. 8977                             3
 
     1  published any advertisement, letter-head, circular, statement or  phrase
     2  of  any  sort  which suggests that the licensee is an official police or
     3  investigative agency or any other agency instrumentality of the state of
     4  New  York or any of its political subdivisions. It shall be unlawful for
     5  any licensee to make any statement which would reasonably cause  another
     6  person  to  believe  that  the  licensee is a police officer or official
     7  investigator of the state of New York or any of its  political  subdivi-
     8  sions.  It  shall  be  unlawful for a licensee to offer, by radio, tele-
     9  vision, newspaper advertisement or any other means of communication,  to
    10  perform services at any location which is merely the location of a tele-
    11  phone  answer service unless full disclosure of that fact is made in the
    12  advertisement.  It shall be unlawful for a bail enforcement agent to use
    13  such bail  enforcement  agent's  position  to  enforce  any  immigration
    14  action.
    15    § 2. This act shall take effect immediately.
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