Bill Text: NY A10226 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 10226 (Prior Session Legislation)

Introduced

Bill Title: Relates to licensure of land leasing agents.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-05-15 - referred to economic development [A10226 Detail]

Download: New_York-2011-A10226-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10226
                                 I N  A S S E M B L Y
                                     May 15, 2012
                                      ___________
       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:
    1    Section 1. The general business law is amended by adding a new article
    2  12-A to read as follows:
    3                                ARTICLE 12-A
    4                             LAND LEASING AGENT
    5  SECTION 210. DEFINITIONS.
    6          211. APPLICATION FOR LICENSE.
    7          212. DOING BUSINESS WITHOUT LICENSE PROHIBITED.
    8          213. REGULATIONS.
    9          214. SEPARABILITY.
   10    S  210.  DEFINITIONS.   WHEN USED IN THIS ARTICLE, THE FOLLOWING TERMS
   11  SHALL HAVE THE FOLLOWING MEANINGS:
   12    1. "LAND LEASING AGENT" MEANS ANY PERSON WHO IS:
   13    (A) A CERTIFIED LAND LEASING AGENT (COMMONLY REFERRED TO AS  A  "LAND-
   14  MAN"), CERTIFIED BY THE AMERICAN ASSOCIATION OF PROFESSIONAL LANDMEN;
   15    (B)  A  REGISTERED  LAND  LEASING  AGENT, REGISTERED WITH THE AMERICAN
   16  ASSOCIATION OF PROFESSIONAL LANDMEN; OR
   17    (C) A REGISTERED LAND LEASING  AGENT,  REGISTERED  WITH  THE  AMERICAN
   18  ASSOCIATION OF PROFESSIONAL LANDMEN.
   19    2. "SECRETARY" MEANS THE SECRETARY OF STATE.
   20    3.  "LICENSEE"  MEANS  A  LAND  LEASING  AGENT  THAT HAS BEEN ISSUED A
   21  LICENSE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
   22    S 211. APPLICATION FOR LICENSE. 1. APPLICATION FOR A LICENSE  REQUIRED
   23  UNDER  THIS  ARTICLE  SHALL  BE  IN WRITING, UNDER OATH, AND IN THE FORM
   24  PRESCRIBED BY THE SECRETARY, AND SHALL CONTAIN THE FOLLOWING:
   25    (A) THE NAME AND ADDRESS OF THE APPLICANT;
   26    (B) THE PLACE OR PLACES, INCLUDING THE COMPLETE ADDRESS  OR  ADDRESSES
   27  WHERE THE BUSINESS IS TO BE CONDUCTED;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15095-07-2
       A. 10226                            2
    1    (C)  A  SUMMARY  OF ALL RELEVANT EXPERIENCE OF THE APPLICANT AS A LAND
    2  LEASING AGENT AND/OR THE MANAGEMENT OF FUNDS;
    3    (D) SATISFACTORY EVIDENCE OF GOOD MORAL CHARACTER; AND
    4    (E)  SUCH  FURTHER INFORMATION AS THE SECRETARY OF STATE MAY PRESCRIBE
    5  BY RULE OR REGULATION.
    6    2. UPON ORIGINAL APPLICATION FOR A LICENSE TO PRACTICE AS A LAND LEAS-
    7  ING AGENT, THE APPLICANT SHALL PAY AN APPLICATION FEE, IN SUCH AMOUNT AS
    8  MAY BE DETERMINED BY THE SECRETARY, NOT TO EXCEED THREE HUNDRED DOLLARS.
    9  UPON APPLICATION FOR A LICENSE RENEWAL, THE LICENSEE SHALL PAY A RENEWAL
   10  PROCESSING FEE IN SUCH AMOUNT AS SHALL BE DETERMINED BY  THE  SECRETARY,
   11  NOT TO EXCEED THREE HUNDRED DOLLARS.
   12    3.  A  LICENSE  GRANTED  UNDER  THE  PROVISIONS OF THIS ARTICLE MAY BE
   13  RENEWED BY THE SECRETARY UPON THE APPLICATION THEREFOR BY THE  LICENSEE,
   14  IN  SUCH  FORM AS THE SECRETARY MAY PRESCRIBE, ACCOMPANIED BY THE NONRE-
   15  FUNDABLE RENEWAL PROCESSING FEE PURSUANT  TO  SUBDIVISION  TWO  OF  THIS
   16  SECTION. IN NO EVENT SHALL RENEWAL BE GRANTED MORE THAN SIX MONTHS AFTER
   17  THE  DATE  OF EXPIRATION OF A LICENSE. NO INDIVIDUAL SHALL ENGAGE IN THE
   18  BUSINESS OF A LAND LEASING AGENT SUBJECT  TO  THIS  ARTICLE  DURING  ANY
   19  PERIOD  WHICH  MAY EXIST BETWEEN THE DATE OF EXPIRATION OF A LICENSE AND
   20  THE RENEWAL THEREOF.
   21    S 212. DOING BUSINESS WITHOUT  LICENSE  PROHIBITED.  NO  LAND  LEASING
   22  AGENT  SHALL  OPERATE  IN THE STATE EXCEPT AS AUTHORIZED BY THIS ARTICLE
   23  AND WITHOUT FIRST BEING LICENSED BY  THE  SECRETARY.  ALL  LAND  LEASING
   24  AGENTS  PRACTICING  IN  THE  STATE ON THE EFFECTIVE DATE OF THIS ARTICLE
   25  SHALL BECOME LICENSED WITHIN ONE YEAR OF SUCH DATE.
   26    S 213. REGULATIONS. THE SECRETARY IS HEREBY AUTHORIZED  AND  EMPOWERED
   27  TO  MAKE  SUCH RULES AND REGULATIONS NECESSARY FOR THE PROPER CONDUCT OF
   28  THE PROFESSION AUTHORIZED UNDER THIS ARTICLE, AND NOT INCONSISTENT HERE-
   29  WITH.
   30    S 214. SEPARABILITY. IN THE EVENT IT  IS  DETERMINED  BY  A  COURT  OF
   31  COMPETENT JURISDICTION THAT ANY PHRASE, CLAUSE, PART, SUBDIVISION, PARA-
   32  GRAPH  OR SECTION, OR ANY OF THE PROVISIONS OF THIS ARTICLE IS UNCONSTI-
   33  TUTIONAL OR OTHERWISE INVALID OR INOPERATIVE, SUCH  DETERMINATION  SHALL
   34  NOT  AFFECT  THE  VALIDITY OR EFFECT OF THE REMAINING PROVISIONS OF THIS
   35  ARTICLE.
   36    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   37  have  become  a  law; provided, however, that effective immediately, the
   38  addition, amendment and/or repeal of any rule  or  regulation  necessary
   39  for  the implementation of this act on its effective date are authorized
   40  and directed to be made and completed on or before such effective date.