HOUSE BILL ANALYSIS

                     SB 6642    

 

 

Brief Description:  Preventing a registered sex offender from holding a real estate appraiser license or certificate.

 

Sponsors:  Senators Benton and Heavey

 

Hearing:  February 22, 2000

 

                 Brief Summary of Bill

 

CAllows the Department of Licensing to deny, suspend, or revoke the license of a real estate appraiser who is a sex offender for as long as the offender is required to be registered.

 

 

BACKGROUND:

 

The Department of Licensing oversees the licensing and discipline of real estate appraisers.  The director may deny an application for an appraiser license or if the person is already licensed may suspend, revoke, or levy a fine against the person, if the director finds he or she has violated one of the statutorily enumerated grounds for discipline.  Crimes of moral turpitude, such as sex offenses, are among the grounds for which the director may deny, suspend, or revoke a license or levy a fine against a person.

 

A person convicted of a sex offense must register with the sheriff in the county of their residence when released from incarceration.  Depending on the level of the crime committed, sex offenders must register for life, 15 years, or 10 years.

 

The director=s ability to deny a license to a person who has committed a crime of moral turpitude is limited by a statutory restriction that convictions more than ten years prior may not be used as a basis to deny a professional license.  However, such a conviction may be considered.  Consequently, after ten years the director cannot deny a sex offender an appraiser license based solely upon his or her previous conviction.

 


SUMMARY OF BILL: 

 

The general ten year limitation on using a prior conviction as a basis to deny, suspend, or revoke a license no longer applies to sex offenders.  Therefore, the director of the Department of Licensing may deny, suspend, or revoke the license of a sex offender for as long as the offender is required to be registered.

 

RULES AUTHORITY:  The bill does not contain provisions addressing the rule making powers of an agency.

 

FISCAL NOTE: Not requested.

 

EFFECTIVE DATE:  Ninety days after adjournment of a session in which bill is passed.