Bill Text: NY A05389 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to licensure of land leasing agents.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to economic development [A05389 Detail]

Download: New_York-2015-A05389-Introduced.html

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                           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
                                      ___________
       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;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03967-01-5
       A. 5389                             2
    1    (B) THE PLACE OR PLACES, INCLUDING THE COMPLETE ADDRESS  OR  ADDRESSES
    2  WHERE THE BUSINESS IS TO BE CONDUCTED;
    3    (C)  A  SUMMARY  OF ALL RELEVANT EXPERIENCE OF THE APPLICANT AS A LAND
    4  LEASING AGENT AND/OR THE MANAGEMENT OF FUNDS;
    5    (D) SATISFACTORY EVIDENCE OF GOOD MORAL CHARACTER; AND
    6    (E) SUCH FURTHER INFORMATION AS THE SECRETARY OF STATE  MAY  PRESCRIBE
    7  BY RULE OR REGULATION.
    8    2. UPON ORIGINAL APPLICATION FOR A LICENSE TO PRACTICE AS A LAND LEAS-
    9  ING AGENT, THE APPLICANT SHALL PAY AN APPLICATION FEE, IN SUCH AMOUNT AS
   10  MAY BE DETERMINED BY THE SECRETARY, NOT TO EXCEED THREE HUNDRED DOLLARS.
   11  UPON APPLICATION FOR A LICENSE RENEWAL, THE LICENSEE SHALL PAY A RENEWAL
   12  PROCESSING  FEE  IN SUCH AMOUNT AS SHALL BE DETERMINED BY THE SECRETARY,
   13  NOT TO EXCEED THREE HUNDRED DOLLARS.
   14    3. A LICENSE GRANTED UNDER THE  PROVISIONS  OF  THIS  ARTICLE  MAY  BE
   15  RENEWED  BY THE SECRETARY UPON THE APPLICATION THEREFOR BY THE LICENSEE,
   16  IN SUCH FORM AS THE SECRETARY MAY PRESCRIBE, ACCOMPANIED BY  THE  NONRE-
   17  FUNDABLE  RENEWAL  PROCESSING  FEE  PURSUANT  TO SUBDIVISION TWO OF THIS
   18  SECTION. IN NO EVENT SHALL RENEWAL BE GRANTED MORE THAN SIX MONTHS AFTER
   19  THE DATE OF EXPIRATION OF A LICENSE. NO INDIVIDUAL SHALL ENGAGE  IN  THE
   20  BUSINESS  OF  A  LAND  LEASING  AGENT SUBJECT TO THIS ARTICLE DURING ANY
   21  PERIOD WHICH MAY EXIST BETWEEN THE DATE OF EXPIRATION OF A  LICENSE  AND
   22  THE RENEWAL THEREOF.
   23    S  212.  DOING  BUSINESS  WITHOUT  LICENSE PROHIBITED. NO LAND LEASING
   24  AGENT SHALL OPERATE IN THE STATE EXCEPT AS AUTHORIZED  BY  THIS  ARTICLE
   25  AND  WITHOUT  FIRST  BEING  LICENSED  BY THE SECRETARY. ALL LAND LEASING
   26  AGENTS PRACTICING IN THE STATE ON THE EFFECTIVE  DATE  OF  THIS  ARTICLE
   27  SHALL BECOME LICENSED WITHIN ONE YEAR OF SUCH DATE.
   28    S  213.  REGULATIONS. THE SECRETARY IS HEREBY AUTHORIZED AND EMPOWERED
   29  TO MAKE SUCH RULES AND REGULATIONS NECESSARY FOR THE PROPER  CONDUCT  OF
   30  THE PROFESSION AUTHORIZED UNDER THIS ARTICLE, AND NOT INCONSISTENT HERE-
   31  WITH.
   32    S  214.  SEPARABILITY.  IN  THE  EVENT  IT IS DETERMINED BY A COURT OF
   33  COMPETENT JURISDICTION THAT ANY PHRASE, CLAUSE, PART, SUBDIVISION, PARA-
   34  GRAPH OR SECTION, OR ANY OF THE PROVISIONS OF THIS ARTICLE IS  UNCONSTI-
   35  TUTIONAL  OR  OTHERWISE INVALID OR INOPERATIVE, SUCH DETERMINATION SHALL
   36  NOT AFFECT THE VALIDITY OR EFFECT OF THE REMAINING  PROVISIONS  OF  THIS
   37  ARTICLE.
   38    S  2.  This  act  shall take effect on the sixtieth day after it shall
   39  have become a law; provided, however, that  effective  immediately,  the
   40  addition,  amendment  and/or  repeal of any rule or regulation necessary
   41  for the implementation of this act on its effective date are  authorized
   42  and directed to be made and completed on or before such effective date.