Bill Text: NY S08986 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires real estate brokers and salespersons to receive implicit bias training as part of their license renewal process.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-09-18 - REFERRED TO RULES [S08986 Detail]
Download: New_York-2019-S08986-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8986 IN SENATE September 18, 2020 ___________ Introduced by Sen. KAPLAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 320 of the laws of 2016, 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] twenty- 8 four and one-half hours which shall include at least three hours of 9 instruction pertaining to fair housing and/or discrimination in the sale 10 or rental of real property or an interest in real property, at least two 11 hours of instruction pertaining to implicit bias awareness and under- 12 standing, at least one hour of instruction pertaining to the law of 13 agency except in the case of the initial two-year licensing term for 14 real estate salespersons, two hours of agency related instruction must 15 be completed, and successfully completed a continuing education real 16 estate course or courses approved by the secretary of state as to meth- 17 od, content and supervision, which approval may be withdrawn if in the 18 opinion of the secretary of state such course or courses are not being 19 conducted properly as to method, content and supervision. For those 20 individuals licensed pursuant to subdivision six of section four hundred 21 forty-two-g of this article, in the individual's initial license term, 22 at least eleven hours of the required [twenty-two] twenty-four and one- 23 half hours of continuing education shall be completed during the first 24 year of the term. Of those eleven hours, three hours shall pertain to 25 applicable New York state statutes and regulations governing the prac- 26 tice of real estate brokers and salespersons. To establish compliance 27 with the continuing education requirements imposed by this section, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD17341-03-0S. 8986 2 1 licensees shall provide an affidavit, in a form acceptable to the 2 department of state, establishing the nature of the continuing education 3 acquired and shall provide such further proof as required by the depart- 4 ment of state. The provisions of this paragraph shall not apply to any 5 licensed real estate broker who is engaged full time in the real estate 6 business and who has been licensed under this article prior to July 7 first, two thousand eight for at least fifteen consecutive years imme- 8 diately preceding such renewal. For purposes of this subdivision, 9 "implicit bias" shall mean the attitudes or stereotypes that affect an 10 individual's understanding, actions and decisions in an unconscious 11 manner. 12 § 2. Paragraph (a) of subdivision 3 of section 441 of the real proper- 13 ty law, as amended by chapter 392 of the laws of 2019, is amended to 14 read as follows: 15 (a) No renewal license shall be issued any licensee under this article 16 for any license period commencing November first, nineteen hundred nine- 17 ty-five unless such licensee shall have within the two year period imme- 18 diately preceding such renewal attended at least [twenty-two] twenty- 19 four and one-half hours which shall include at least three hours of 20 instruction pertaining to fair housing and/or discrimination in the sale 21 or rental of real property or an interest in real property, at least two 22 hours of instruction pertaining to implicit bias awareness and under- 23 standing, at least two and one-half hours of instruction pertaining to 24 ethical business practices, at least one hour of instruction pertaining 25 to recent legal matters governing the practice of real estate brokers 26 and salespersons in New York which may include statutes, laws, regu- 27 lations, rules, codes, department of state opinions and decisions, and 28 court decisions and at least one hour of instruction pertaining to the 29 law of agency except in the case of the initial two-year licensing term 30 for real estate salespersons, two hours of agency related instruction 31 must be completed, and successfully completed a continuing education 32 real estate course or courses approved by the secretary of state as to 33 method, content and supervision, which approval may be withdrawn if in 34 the opinion of the secretary of state such course or courses are not 35 being conducted properly as to method, content and supervision. For 36 those individuals licensed pursuant to subdivision six of section four 37 hundred forty-two-g of this article, in the individual's initial license 38 term, at least eleven hours of the required [twenty-two] twenty-four and 39 one-half hours of continuing education shall be completed during the 40 first year of the term. Of those eleven hours, three hours shall pertain 41 to applicable New York state statutes and regulations governing the 42 practice of real estate brokers and salespersons. To establish compli- 43 ance with the continuing education requirements imposed by this section, 44 licensees shall provide an affidavit, in a form acceptable to the 45 department of state, establishing the nature of the continuing education 46 acquired and shall provide such further proof as required by the depart- 47 ment of state. For purposes of this subdivision, "implicit bias" shall 48 mean the attitudes or stereotypes that affect an individual's under- 49 standing, actions and decisions in an unconscious manner. 50 § 3. This act shall take effect immediately, provided, however, that 51 section two of this act shall take effect on the same date and in the 52 same manner as section 1 of chapter 392 of the laws of 2019, takes 53 effect.