senate Bill S597A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 02, 2012 referred to correction
May 01, 2012 delivered to assembly
passed senate
Apr 25, 2012 advanced to third reading
Apr 19, 2012 2nd report cal.
Apr 18, 2012 1st report cal.514
Jan 04, 2012 referred to finance
returned to senate
died in assembly
Apr 11, 2011 referred to correction
delivered to assembly
passed senate
Apr 04, 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 05, 2011 referred to finance

Votes

view votes

Apr 18, 2012 - Finance committee Vote

S597A
29
2
committee
29
Aye
2
Nay
2
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Finance committee vote details

Mar 22, 2011 - Finance committee Vote

S597
27
2
committee
27
Aye
2
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S597 - Bill Details

See Assembly Version of this Bill:
A7017
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §160-p, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S25

S597 - Bill Texts

view 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.

view sponsor 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.

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

                                   597

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (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.

Co-Sponsors

S597A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7017
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §160-p, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S25

S597A (ACTIVE) - Bill Texts

view 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.

view 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 full text
download pdf
                    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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