Bill S597A-2011

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.

Details

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

Meetings

Calendars

Votes

Memo

BILL NUMBER:S597A            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 as 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 of2008, 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: 2011: Passed Senate (S.597A/A.7017) 2009/10: Referred to Finance(S.25) 2008: 3rd Reading (S.7894/A.10962)

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 597--A Cal. No. 247 2011-2012 Regular Sessions IN SENATE (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: 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 OR REVOCATION. (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. (2)(A) THE DEPARTMENT SHALL 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 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 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.
(B) 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 WHICH SHALL UPON RECEIPT REVOKE SUCH INDIVIDUAL'S CERTIFICATE. S 2. This act shall take effect immediately.

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