S597-2011 Actions

• May 2, 2012: referred to correction
• May 1, 2012: DELIVERED TO ASSEMBLY
• May 1, 2012: PASSED SENATE
• Apr 25, 2012: ADVANCED TO THIRD READING
• Apr 19, 2012: 2ND REPORT CAL.
• Apr 18, 2012: 1ST REPORT CAL.514
• Jan 4, 2012: REFERRED TO FINANCE
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Apr 11, 2011: referred to correction
• Apr 11, 2011: DELIVERED TO ASSEMBLY
• Apr 11, 2011: PASSED SENATE
• Apr 4, 2011: AMENDED ON THIRD READING 597A
• Mar 24, 2011: ADVANCED TO THIRD READING
• Mar 23, 2011: 2ND REPORT CAL.
• Mar 22, 2011: 1ST REPORT CAL.247
• Jan 5, 2011: REFERRED TO FINANCE

S597-2011 Meetings

S597-2011 Calendars

S597-2011 Votes

S597-2011 Memo

BILL NUMBER:S597                 REVISED 04/20/12

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:
The intent of this legislation is to build 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 that began with the enactment of Chapter 430 of 2008,
which prohibited sex offenders from becoming licensed real estate
brokers or salesman. Currently convicted sex offenders are not faced
with this automatic disability to licensure as a real estate appraiser.

Sex offenders on any level represent a persistent threat to the
public. This bill would remove this threat by prohibiting convicted
sex offenders from becoming 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.

LEGISLATIVE HISTORY:
2009/10: S.25 Referred to Finance
2008: 3rd Reading (S.7894/A.10962)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S597-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          597
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced by Sens. FUSCHILLO, LARKIN, MAZIARZ -- 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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00210-01-1
 
       S. 597                              2
 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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