Bill S755-2013

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

Prohibits sex offenders 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 6, 2013: referred to correction
  • May 6, 2013: DELIVERED TO ASSEMBLY
  • May 6, 2013: PASSED SENATE
  • Mar 24, 2013: ADVANCED TO THIRD READING
  • Mar 21, 2013: 2ND REPORT CAL.
  • Mar 20, 2013: 1ST REPORT CAL.265
  • Jan 9, 2013: REFERRED TO FINANCE

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Calendars

Votes

Memo

BILL NUMBER:S755

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 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: 2011-12: Passed Senate (S.597A/A.7017) 2009-10: Referred to Finance (S.25) 2008: Third Reading Calendar (S.7894/A.10962)

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 755 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. FUSCHILLO, LARKIN, MAZIARZ, RANZENHOFER -- 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 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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