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S07248 Summary:

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S07248 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7248
 
                    IN SENATE
 
                                     April 11, 2016
                                       ___________
 
        Introduced  by  Sen. BONACIC -- 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  three
          hours  of  agency related coursework as a requirement for renewal of a
          real estate license
 
          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 section 1 of part D of chapter  328  of  the
     3  laws of 2014, is amended 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 one hour of  instruc-
    11  tion  pertaining  to the law of agency except in the case of the initial
    12  two-year licensing term for real estate salespersons, two hours of agen-
    13  cy related instruction must be completed, and successfully  completed  a
    14  continuing  education  real  estate  course  or  courses approved by the
    15  secretary of state as to method, content and supervision, which approval
    16  may be withdrawn if in the opinion of the secretary of state such course
    17  or courses are not being conducted properly as to  method,  content  and
    18  supervision.  For those individuals licensed pursuant to subdivision six
    19  of section four hundred forty-two-g of this article, in the individual's
    20  initial license term, at least eleven hours of the  required  twenty-two
    21  and one-half hours of continuing education shall be completed during the
    22  first year of the term. Of those eleven hours, three hours shall pertain
    23  to  applicable  New  York  state  statutes and regulations governing the
    24  practice of real estate brokers and salespersons. To  establish  compli-
    25  ance with the continuing education requirements imposed by this section,
    26  licensees  shall  provide  an  affidavit,  in  a  form acceptable to the
    27  department of state, establishing the nature of the continuing education
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14608-01-6
        S. 7248                             2
 
     1  acquired and shall provide such further proof as required by the depart-
     2  ment of state. The provisions of this paragraph shall not apply  to  any
     3  licensed  real estate broker who is engaged full time in the real estate
     4  business  and  who  has  been  licensed under this article prior to July
     5  first, two thousand eight for at least fifteen consecutive  years  imme-
     6  diately preceding such renewal.
     7    §  2. This act shall take effect on the first of January next succeed-
     8  ing the date on which it shall have become a law.    Provided,  however,
     9  effective immediately, the secretary of state shall promulgate necessary
    10  and  advisable  rules  and  regulations  for  the  implementation of the
    11  provisions of this act on its effective date.