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.
STATE OF NEW YORK
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597--A
Cal. No. 247
2011-2012 Regular Sessions
IN SENATE(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:
1 Section 1. Section 160-p of the executive law, as amended by chapter
2 241 of the laws of 1999, is amended to read as follows:
3 § 160-p. Basis for denial or revocation. (1) The department may, in
4 accordance with the provisions of this article relating to hearings,
5 deny the issuance of a certificate as a state certified real estate
6 appraiser, or license as a state licensed real estate appraiser, or
7 license as a state licensed real estate appraiser assistant, to an
8 applicant on any of the grounds enumerated in this article.
9 (2)(a) The department shall in accordance with the provisions of this
10 article relating to hearings, deny the issuance of a certificate as a
11 state certified real estate appraiser, or license as a state licensed
12 real estate appraiser, or license as a state licensed real estate
13 appraiser assistant, to an applicant who has been convicted of a sex
14 offense, as defined in subdivision two of section one hundred sixty-
15 eight-a of the correction law or any offense committed outside of this
16 state which would constitute a sex offense, or a sexually violent
17 offense, as defined in subdivision three of section one hundred sixty-
18 eight-a of the correction law or any offense committed outside this
19 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
1 (b) Whenever any person licensed as a state certified real estate
2 appraiser, state licensed real estate appraiser, or state licensed real
3 estate appraiser assistant is convicted in this state or elsewhere of a
4 sex offense, as defined in subdivision two of section one hundred
5 sixty-eight-a of the correction law or any offense committed outside of
6 this state which would constitute a sex offense, or a sexually violent
7 offense, as defined in subdivision three of section one hundred sixty-
8 eight-a of the correction law or any offense committed outside this
9 state which would constitute a sexually violent offense, such state
10 certified real estate appraiser, state licensed real estate appraiser,
11 or state licensed real estate appraiser assistant shall within five days
12 of the imposition of sentence, transmit a certified copy of the judgment
13 of conviction to the department which shall upon receipt revoke such
14 individual's certificate.
15 § 2. This act shall take effect immediately.
