S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        597--A
           Cal. No. 247

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                      (PREFILED)

                                    January 5, 2011
                                      ___________

       Introduced by Sens. FUSCHILLO, LARKIN, MAZIARZ, O'MARA -- read twice and
         ordered  printed, and when printed to be committed to the Committee on
         Finance -- reported favorably from said committee,  ordered  to  first
         and  second  report,  ordered  to a third reading, amended and ordered
         reprinted, retaining its place in the order of third reading

       AN ACT to amend the executive law, in relation to prohibiting sex offen-
         ders from being entitled to licenses as state certified  and  licensed
         real estate appraisers

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Section 160-p of the executive law, as amended  by  chapter
    2  241 of the laws of 1999, is amended to read as follows:
    3    S 160-p. Basis  for  denial OR REVOCATION.  (1) The department may, in
    4  accordance with the provisions of this  article  relating  to  hearings,
    5  deny  the  issuance  of  a  certificate as a state certified real estate
    6  appraiser, or license as a state  licensed  real  estate  appraiser,  or
    7  license  as  a  state  licensed  real  estate appraiser assistant, to an
    8  applicant on any of the grounds enumerated in this article.
    9    (2)(A) THE DEPARTMENT SHALL IN ACCORDANCE WITH THE PROVISIONS OF  THIS
   10  ARTICLE  RELATING  TO  HEARINGS, DENY THE ISSUANCE OF A CERTIFICATE AS A
   11  STATE CERTIFIED REAL ESTATE APPRAISER, OR LICENSE AS  A  STATE  LICENSED
   12  REAL  ESTATE  APPRAISER,  OR  LICENSE  AS  A  STATE LICENSED REAL ESTATE
   13  APPRAISER ASSISTANT, TO AN APPLICANT WHO HAS BEEN  CONVICTED  OF  A  SEX
   14  OFFENSE,   AS   DEFINED  IN  SUBDIVISION  TWO  OF  SECTION  ONE  HUNDRED
   15  SIXTY-EIGHT-A OF THE CORRECTION LAW OR ANY OFFENSE COMMITTED OUTSIDE  OF
   16  THIS  STATE  WHICH WOULD CONSTITUTE A SEX OFFENSE, OR A SEXUALLY VIOLENT
   17  OFFENSE,  AS  DEFINED  IN  SUBDIVISION  THREE  OF  SECTION  ONE  HUNDRED
   18  SIXTY-EIGHT-A  OF  THE  CORRECTION  LAW OR ANY OFFENSE COMMITTED OUTSIDE
   19  THIS STATE WHICH WOULD CONSTITUTE A SEXUALLY VIOLENT OFFENSE.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00210-03-1

 S. 597--A                           2

    1    (B) WHENEVER ANY PERSON LICENSED AS  A  STATE  CERTIFIED  REAL  ESTATE
    2  APPRAISER,  STATE LICENSED REAL ESTATE APPRAISER, OR STATE LICENSED REAL
    3  ESTATE APPRAISER ASSISTANT IS CONVICTED IN THIS STATE OR ELSEWHERE OF  A
    4  SEX  OFFENSE,  AS  DEFINED  IN  SUBDIVISION  TWO  OF SECTION ONE HUNDRED
    5  SIXTY-EIGHT-A  OF THE CORRECTION LAW OR ANY OFFENSE COMMITTED OUTSIDE OF
    6  THIS STATE WHICH WOULD CONSTITUTE A SEX OFFENSE, OR A  SEXUALLY  VIOLENT
    7  OFFENSE,  AS  DEFINED  IN  SUBDIVISION  THREE  OF  SECTION  ONE  HUNDRED
    8  SIXTY-EIGHT-A OF THE CORRECTION LAW OR  ANY  OFFENSE  COMMITTED  OUTSIDE
    9  THIS STATE WHICH WOULD CONSTITUTE A SEXUALLY VIOLENT OFFENSE, SUCH STATE
   10  CERTIFIED  REAL  ESTATE APPRAISER, STATE LICENSED REAL ESTATE APPRAISER,
   11  OR STATE LICENSED REAL ESTATE APPRAISER ASSISTANT SHALL WITHIN FIVE DAYS
   12  OF THE IMPOSITION OF SENTENCE, TRANSMIT A CERTIFIED COPY OF THE JUDGMENT
   13  OF CONVICTION TO THE DEPARTMENT WHICH SHALL  UPON  RECEIPT  REVOKE  SUCH
   14  INDIVIDUAL'S CERTIFICATE.
   15    S 2. This act shall take effect immediately.