Bill Text: NY S00538 | 2021-2022 | General Assembly | Amended

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Bill Title: Requires real estate brokers and salespersons to receive implicit bias training as part of their license renewal process.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2021-12-21 - APPROVAL MEMO.73 [S00538 Detail]

Download: New_York-2021-S00538-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         538--B
            Cal. No. 225

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Judiciary  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  reported  favorably  from  said committee and
          committed to the Committee on Rules -- ordered  to  a  third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading

        AN ACT to amend the real property law, in  relation  to  requiring  real
          estate  brokers  and salespersons to receive implicit bias training as
          part of their license renewal process

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph (a) of subdivision 3 of section 441 of the real
     2  property law, as amended by chapter 392 of the laws of 2019, is  amended
     3  to read as follows:
     4    (a) No renewal license shall be issued any licensee under this article
     5  for any license period commencing November first, nineteen hundred nine-
     6  ty-five unless such licensee shall have within the two year period imme-
     7  diately preceding such renewal attended at least twenty-two and one-half
     8  hours which shall include at least three hours of instruction pertaining
     9  to  fair  housing  and/or  discrimination  in the sale or rental of real
    10  property or an interest in real property, at least two hours of instruc-
    11  tion pertaining to implicit bias awareness and understanding,  at  least
    12  two  and  one-half  hours  of instruction pertaining to ethical business
    13  practices, at least one hour of instruction pertaining to  recent  legal
    14  matters  governing  the practice of real estate brokers and salespersons
    15  in New York which may include statutes, laws, regulations, rules, codes,
    16  department of state opinions and decisions, and court decisions  and  at
    17  least  one hour of instruction pertaining to the law of agency except in
    18  the case of the initial two-year licensing term for real  estate  sales-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04889-04-1
        S. 538--B                           2

     1  persons,  two hours of agency related instruction must be completed, and
     2  successfully completed a continuing  education  real  estate  course  or
     3  courses  approved  by  the  secretary of state as to method, content and
     4  supervision,  which  approval  may be withdrawn if in the opinion of the
     5  secretary of state such course or courses are not being conducted  prop-
     6  erly  as  to  method,  content  and  supervision.  For those individuals
     7  licensed pursuant to subdivision six of section four hundred forty-two-g
     8  of this article, in the individual's  initial  license  term,  at  least
     9  eleven hours of the required twenty-two and one-half hours of continuing
    10  education shall be completed during the first year of the term. Of those
    11  eleven  hours,  three  hours  shall pertain to applicable New York state
    12  statutes and regulations governing the practice of real  estate  brokers
    13  and  salespersons. To establish compliance with the continuing education
    14  requirements imposed by this section, licensees shall provide an affida-
    15  vit, in a form acceptable to the department of state,  establishing  the
    16  nature  of  the  continuing  education  acquired  and shall provide such
    17  further proof as required by the department of state.   For purposes  of
    18  this  subdivision,  "implicit  bias"  shall mean the attitudes or stere-
    19  otypes that affect an individual's understanding, actions and  decisions
    20  in an unconscious manner.
    21    § 2. This act shall take effect on the one hundred eightieth day after
    22  it  shall  have  become a law, provided, however, that if chapter 392 of
    23  the laws of 2019 shall not have taken effect on or before such date then
    24  this act shall take effect on the same date and in the  same  manner  as
    25  such chapter of the laws of 2019 takes effect.