NY State Senate Bill 2017-S2408

Senate Bill S2408

2017-2018 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to finance
Jan 13, 2017	referred to finance

2017-S2408 (ACTIVE) - Details

See Assembly Version of this Bill:: A1360
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §160-p, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7017
2013-2014: A716
2015-2016: S4046, A570

2017-S2408 (ACTIVE) - Summary

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.

2017-S2408 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2408

 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 of this bill 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.

Section 2 of this bill provides that this act shall take effect
immediately.

 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 :

2016: S.4046 - Referred to Finance 2015: S.4046 - Passed the Senate
2014: S.6260 - Referred to Finance 2013: S.755 - Passed the Senate
2012: S.597-A - Passed the Senate 2011: S.597-A - Passed the Senate
2010: S.25 - Referred to Finance 2009: S.25 - Referred to Finance
2008: S.7894 - 3rd reading Calendar

 FISCAL IMPLICATIONS :

None to the State

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S2408 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2408
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- 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:
   § 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
 SEX  OFFENSE,  AS  DEFINED  IN  SUBDIVISION  TWO  OF SECTION ONE HUNDRED
 SIXTY-EIGHT-A OF THE CORRECTION LAW OR ANY OFFENSE COMMITTED OUTSIDE  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01702-01-7

 S. 2408                             2
 
 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.
   § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.