Bill S25-2009

Prohibits sex offenders from being entitled to licenses as state certified and licensed real estate appraisers

Prohibits sex offender from being entitled to licenses as state certified and licensed real estate appraisers; requires real estate appraisers convicted of sex offenses to, within five days of the imposition of sentence, transmit a certified copy of the judgment of conviction to the department of state.

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  • Jan 6, 2010: REFERRED TO FINANCE
  • Jan 7, 2009: REFERRED TO FINANCE

Memo

 BILL NUMBER:  S25

TITLE OF BILL : An act to amend the executive law, in relation to prohibiting sex offenders from being entitled to licenses as state certified and licensed real estate appraisers

PURPOSE: To include the conviction of a sex offense or sexually violent offense as disabilities to licensure as a state certified real estate appraiser and to require the reporting of conviction of a sex offense or sexually violent offense by real estate licensees.

SUMMARY OF PROVISIONS: Section 1 amends section 160-p of the executive law to include the conviction of a sex offense or sexually violent offense a disability to licensure as a real estate appraiser. This section also requires that a real estate appraiser notify and provide a certified copy of the judgment of conviction to the Department of State within 5 days after the imposition of sentence for a conviction of a sex offense or a sexually violent crime.

JUSTIFICATION: Protecting the safety of its citizens is paramount for New York State. Certain convictions are currently a disability to licensure as a real estate appraiser. This legislation builds upon the private and public recognition that New Yorkers could be vulnerable to violent crime within the framework and common practices involving real estate transactions.

The intent of this legislation is to add measures to protect the public from harm. Currently certain convictions are a disability to licensure as a real estate appraiser, however convicted sex offenders are not faced with the automatic disability. Sex offenders on any level represent a persistent threat to the public. This bill closes what could be considered a loophole for sexual predators.

LEGISLATIVE HISTORY : 2008: 3rd Reading (S.7894/A.10962)

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.




















Text

STATE OF NEW YORK ________________________________________________________________________ 25 2009-2010 Regular Sessions IN SENATE (PREFILED) January 7, 2009 ___________
Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when printed to be committed to the Committee on Finance 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: Section 1. Section 160-p of the executive law, as amended by chapter 241 of the laws of 1999, is amended to read as follows: S 160-p. Basis for denial. 1. The department may, in accordance with the provisions of this article relating to hearings, deny the issuance of a certificate as a state certified real estate appraiser, or license as a state licensed real estate appraiser, or license as a state licensed real estate appraiser assistant, to an applicant on any of the grounds enumerated in this article AND TO AN APPLICANT WHO HAS BEEN CONVICTED OF A SEX OFFENSE, AS DEFINED IN SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW OR ANY OFFENSE COMMITTED OUTSIDE OF THIS STATE WHICH WOULD CONSTITUTE A SEX OFFENSE, OR A SEXUAL- LY VIOLENT OFFENSE, AS DEFINED IN SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW OR ANY OFFENSE COMMITTED OUTSIDE THIS STATE WHICH WOULD CONSTITUTE A SEXUALLY VIOLENT OFFENSE. 2. WHENEVER ANY PERSON LICENSED AS A STATE CERTIFIED REAL ESTATE APPRAISER, STATE LICENSED REAL ESTATE APPRAISER, OR STATE LICENSED REAL ESTATE APPRAISER ASSISTANT IS CONVICTED IN THIS STATE OR ELSEWHERE OF A SEX OFFENSE, AS DEFINED IN SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW OR ANY OFFENSE COMMITTED OUTSIDE OF THIS STATE WHICH WOULD CONSTITUTE A SEX OFFENSE, OR A SEXUALLY VIOLENT OFFENSE, AS DEFINED IN SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY- EIGHT-A OF THE CORRECTION LAW OR ANY OFFENSE COMMITTED OUTSIDE THIS STATE WHICH WOULD CONSTITUTE A SEXUALLY VIOLENT OFFENSE, SUCH STATE
CERTIFIED REAL ESTATE APPRAISER, STATE LICENSED REAL ESTATE APPRAISER, OR STATE LICENSED REAL ESTATE APPRAISER ASSISTANT SHALL WITHIN FIVE DAYS OF THE IMPOSITION OF SENTENCE, TRANSMIT A CERTIFIED COPY OF THE JUDGMENT OF CONVICTION TO THE DEPARTMENT. S 2. This act shall take effect immediately.

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