S T A T E O F N E W Y O R K
________________________________________________________________________
5389
2015-2016 Regular Sessions
I N A S S E M B L Y
February 20, 2015
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Introduced by M. of A. LIFTON -- read once and referred to the Committee
on Economic Development
AN ACT to amend the general business law, in relation to licensure of
land leasing agents
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new article
12-A to read as follows:
ARTICLE 12-A
LAND LEASING AGENT
SECTION 210. DEFINITIONS.
211. APPLICATION FOR LICENSE.
212. DOING BUSINESS WITHOUT LICENSE PROHIBITED.
213. REGULATIONS.
214. SEPARABILITY.
S 210. DEFINITIONS. WHEN USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "LAND LEASING AGENT" MEANS ANY PERSON WHO IS:
(A) A CERTIFIED LAND LEASING AGENT (COMMONLY REFERRED TO AS A "LAND-
MAN"), CERTIFIED BY THE AMERICAN ASSOCIATION OF PROFESSIONAL LANDMEN;
(B) A REGISTERED LAND LEASING AGENT, REGISTERED WITH THE AMERICAN
ASSOCIATION OF PROFESSIONAL LANDMEN; OR
(C) A REGISTERED LAND LEASING AGENT, REGISTERED WITH THE AMERICAN
ASSOCIATION OF PROFESSIONAL LANDMEN.
2. "SECRETARY" MEANS THE SECRETARY OF STATE.
3. "LICENSEE" MEANS A LAND LEASING AGENT THAT HAS BEEN ISSUED A
LICENSE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
S 211. APPLICATION FOR LICENSE. 1. APPLICATION FOR A LICENSE REQUIRED
UNDER THIS ARTICLE SHALL BE IN WRITING, UNDER OATH, AND IN THE FORM
PRESCRIBED BY THE SECRETARY, AND SHALL CONTAIN THE FOLLOWING:
(A) THE NAME AND ADDRESS OF THE APPLICANT;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03967-01-5
A. 5389 2
(B) THE PLACE OR PLACES, INCLUDING THE COMPLETE ADDRESS OR ADDRESSES
WHERE THE BUSINESS IS TO BE CONDUCTED;
(C) A SUMMARY OF ALL RELEVANT EXPERIENCE OF THE APPLICANT AS A LAND
LEASING AGENT AND/OR THE MANAGEMENT OF FUNDS;
(D) SATISFACTORY EVIDENCE OF GOOD MORAL CHARACTER; AND
(E) SUCH FURTHER INFORMATION AS THE SECRETARY OF STATE MAY PRESCRIBE
BY RULE OR REGULATION.
2. UPON ORIGINAL APPLICATION FOR A LICENSE TO PRACTICE AS A LAND LEAS-
ING AGENT, THE APPLICANT SHALL PAY AN APPLICATION FEE, IN SUCH AMOUNT AS
MAY BE DETERMINED BY THE SECRETARY, NOT TO EXCEED THREE HUNDRED DOLLARS.
UPON APPLICATION FOR A LICENSE RENEWAL, THE LICENSEE SHALL PAY A RENEWAL
PROCESSING FEE IN SUCH AMOUNT AS SHALL BE DETERMINED BY THE SECRETARY,
NOT TO EXCEED THREE HUNDRED DOLLARS.
3. A LICENSE GRANTED UNDER THE PROVISIONS OF THIS ARTICLE MAY BE
RENEWED BY THE SECRETARY UPON THE APPLICATION THEREFOR BY THE LICENSEE,
IN SUCH FORM AS THE SECRETARY MAY PRESCRIBE, ACCOMPANIED BY THE NONRE-
FUNDABLE RENEWAL PROCESSING FEE PURSUANT TO SUBDIVISION TWO OF THIS
SECTION. IN NO EVENT SHALL RENEWAL BE GRANTED MORE THAN SIX MONTHS AFTER
THE DATE OF EXPIRATION OF A LICENSE. NO INDIVIDUAL SHALL ENGAGE IN THE
BUSINESS OF A LAND LEASING AGENT SUBJECT TO THIS ARTICLE DURING ANY
PERIOD WHICH MAY EXIST BETWEEN THE DATE OF EXPIRATION OF A LICENSE AND
THE RENEWAL THEREOF.
S 212. DOING BUSINESS WITHOUT LICENSE PROHIBITED. NO LAND LEASING
AGENT SHALL OPERATE IN THE STATE EXCEPT AS AUTHORIZED BY THIS ARTICLE
AND WITHOUT FIRST BEING LICENSED BY THE SECRETARY. ALL LAND LEASING
AGENTS PRACTICING IN THE STATE ON THE EFFECTIVE DATE OF THIS ARTICLE
SHALL BECOME LICENSED WITHIN ONE YEAR OF SUCH DATE.
S 213. REGULATIONS. THE SECRETARY IS HEREBY AUTHORIZED AND EMPOWERED
TO MAKE SUCH RULES AND REGULATIONS NECESSARY FOR THE PROPER CONDUCT OF
THE PROFESSION AUTHORIZED UNDER THIS ARTICLE, AND NOT INCONSISTENT HERE-
WITH.
S 214. SEPARABILITY. IN THE EVENT IT IS DETERMINED BY A COURT OF
COMPETENT JURISDICTION THAT ANY PHRASE, CLAUSE, PART, SUBDIVISION, PARA-
GRAPH OR SECTION, OR ANY OF THE PROVISIONS OF THIS ARTICLE IS UNCONSTI-
TUTIONAL OR OTHERWISE INVALID OR INOPERATIVE, SUCH DETERMINATION SHALL
NOT AFFECT THE VALIDITY OR EFFECT OF THE REMAINING PROVISIONS OF THIS
ARTICLE.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.