Bill Text: NY S02134 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires faculty to be in compliance with all requirements pertaining to the instruction of the established curriculum by requiring faculty to sign a document under oath; penalties for failure to be in compliance includes revocation of their instructor certificate.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO JUDICIARY [S02134 Detail]
Download: New_York-2021-S02134-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2134 2021-2022 Regular Sessions IN SENATE January 19, 2021 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the real property law, in relation to requiring faculty to be in compliance with all requirements pertaining to the instruc- tion of the established curriculum The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (c) of subdivision 3 of section 441 of the real 2 property law, as amended by chapter 470 of the laws of 1998, is amended 3 to read as follows: 4 (c) (i) The secretary of state shall promulgate rules establishing the 5 method, content, setting and supervision requirements of the continuing 6 education real estate course or courses provided for in this section. In 7 establishing the requirements for the continuing education course or 8 courses, the secretary of state shall permit alternatives with respect 9 to content and method of presentation in consideration of the type of 10 brokerage practiced and the availability of the sources of such course 11 or courses in different areas of the state. Each course shall have an 12 established curriculum composed primarily of real estate practice and 13 professional responsibility and ethics and properly prepared written 14 materials of the subject matter which shall be distributed as part of 15 the course. It shall be taught by a qualified faculty with attorneys 16 presenting legal subjects. Credit shall be awarded on the basis of one 17 hour for each sixty minutes of actual attendance and records shall be 18 maintained of attendance at each session which shall be transmitted to 19 the department at the conclusion of the course. Computer-based and 20 distance learning courses may be approved by the department so long as 21 providers demonstrate the ability to monitor and verify participation by 22 the licensee for the specified time period. 23 (ii) The secretary of state shall require approved faculty to sign a 24 document under oath, approved by and submitted to the department of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06383-02-1S. 2134 2 1 state, attesting to compliance with all applicable statutory and regula- 2 tory requirements pertaining to the instruction of the established 3 curriculum. The secretary of state shall promulgate penalties for facul- 4 ty that fail to meet the obligations required under this section and 5 department of state regulations including, but not limited to, the 6 temporary suspension of their instructor certificate for the first such 7 failure and the revocation of their instructor certificate for any 8 subsequent failure. 9 § 2. This act shall take effect immediately.
