S755-2013 - NY Senate Open Legislation - 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.

Sponsor: FUSCHILLO / Co-sponsor(s): LARKIN, MAZIARZ, RANZENHOFER, SAVINO / Committee: CORRECTION
Law Section: Executive Law / Law: Amd S160-p, Exec L

S755-2013 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

S755-2013 Meetings

Finance: Mar 20, 2013

S755-2013 Calendars

S755-2013 Votes

VOTE: COMMITTEE VOTE: - Finance - Mar 20, 2013

Ayes (31): DeFrancisco, Smith, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Grisanti, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, O'Mara, Ranzenhofer, Robach, Savino, Seward, Young, Krueger, Dilan, Gianaris, Breslin, Stavisky, Squadron, Kennedy, Espaillat, Sampson
Ayes W/R (2): Parker, Peralta
Nays (4): Diaz, Rivera, Montgomery, Perkins

VOTE: FLOOR VOTE: - May 6, 2013

Ayes (54): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Peralta, Ranzenhofer, Ritchie, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Zeldin
Nays (3): Parker, Perkins, Rivera
Absent (1): Sampson
Excused (5): Adams, Hassell-Thomps, Larkin, Montgomery, Young

S755-2013 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.

S755-2013 Text

 S T A T E   O F   N E W   Y O R K
 
                                           755
 2013-2014 Regular Sessions
 I N  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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01322-01-3
        S. 755                              2
 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.

S755-2013: Prohibits sex offenders from being entitled to licenses as state certified and licensed real estate appraisers