senate Bill S597A

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 05 / Jan / 2011
    • REFERRED TO FINANCE
  • 22 / Mar / 2011
    • 1ST REPORT CAL.247
  • 23 / Mar / 2011
    • 2ND REPORT CAL.
  • 24 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 04 / Apr / 2011
    • AMENDED ON THIRD READING 597A
  • 11 / Apr / 2011
    • PASSED SENATE
  • 11 / Apr / 2011
    • DELIVERED TO ASSEMBLY
  • 11 / Apr / 2011
    • REFERRED TO CORRECTION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO FINANCE
  • 18 / Apr / 2012
    • 1ST REPORT CAL.514
  • 19 / Apr / 2012
    • 2ND REPORT CAL.
  • 25 / Apr / 2012
    • ADVANCED TO THIRD READING
  • 01 / May / 2012
    • PASSED SENATE
  • 01 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 02 / May / 2012
    • REFERRED TO CORRECTION

Summary

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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Bill Details

See Assembly Version of this Bill:
A7017
Versions:
S597
S597A
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd ยง160-p, Exec L
Versions Introduced in 2009-2010 Legislative Cycle:
S25

Sponsor 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 597--A
    Cal. No. 247

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00210-03-1

S. 597--A                           2

  (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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