senate Bill S755

2013-2014 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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 06, 2013 referred to correction
delivered to assembly
passed senate
Mar 24, 2013 advanced to third reading
Mar 21, 2013 2nd report cal.
Mar 20, 2013 1st report cal.265
Jan 09, 2013 referred to finance

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Co-Sponsors

S755 - Bill Details

See Assembly Version of this Bill:
A716
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd ยง160-p, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S597A, A7017
2009-2010: S25

S755 - Bill Texts

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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.

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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.

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

                                   755

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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.

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