NY State Senate Bill 2009-S25

Senate Bill S25

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to finance
Jan 07, 2009	referred to finance

2009-S25 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §160-p, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S597
2013-2014: S755, S6260

2009-S25 (ACTIVE) - 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.

2009-S25 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S25

 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:
Protecting the safety of its citizens is paramount for New York State.
Certain convictions are currently a disability to licensure as a real

estate appraiser. This legislation builds 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.

The intent of this legislation is to add measures to protect the
public from harm. Currently certain convictions are a disability to
licensure as a real estate appraiser, however convicted sex offenders
are not faced with the automatic disability. Sex offenders on any
level represent a persistent threat to the public. This bill closes
what could be considered a loophole for sexual predators.

 LEGISLATIVE HISTORY :
2008: 3rd Reading (S.7894/A.10962)

 FISCAL IMPLICATIONS:
None.

 EFFECTIVE DATE:
Immediately.

2009-S25 (ACTIVE) - Bill Text download pdf

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

                                   25

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by Sen. FUSCHILLO -- 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.

                                                           LBD01143-01-9

S. 25                               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.

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