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A04638 Summary:

BILL NOA04638A
 
SAME ASSAME AS S00538-B
 
SPONSORSillitti
 
COSPNSRWalsh, Gonzalez-Rojas, Peoples-Stokes, Griffin
 
MLTSPNSR
 
Amd §441, RP L
 
Requires real estate brokers and salespersons to receive implicit bias training as part of their license renewal process.
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A04638 Actions:

BILL NOA04638A
 
02/04/2021referred to judiciary
02/05/2021amend and recommit to judiciary
02/05/2021print number 4638a
05/26/2021reported referred to rules
06/02/2021reported
06/02/2021rules report cal.315
06/02/2021ordered to third reading rules cal.315
06/03/2021substituted by s538b
 S00538 AMEND=B KAPLAN
 01/06/2021REFERRED TO JUDICIARY
 01/26/2021AMEND AND RECOMMIT TO JUDICIARY
 01/26/2021PRINT NUMBER 538A
 02/01/2021REPORTED AND COMMITTED TO RULES
 02/02/2021ORDERED TO THIRD READING CAL.225
 02/03/2021AMENDED ON THIRD READING 538B
 02/08/2021PASSED SENATE
 02/08/2021DELIVERED TO ASSEMBLY
 02/08/2021referred to judiciary
 06/03/2021substituted for a4638a
 06/03/2021ordered to third reading rules cal.315
 06/03/2021passed assembly
 06/03/2021returned to senate
 12/10/2021DELIVERED TO GOVERNOR
 12/21/2021SIGNED CHAP.686
 12/21/2021APPROVAL MEMO.73
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A04638 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4638A
 
SPONSOR: Sillitti
  TITLE OF BILL: 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   PURPOSE: This legislation requires an additional two hours of training, specif- ically concentrating on implicit bias training and understanding for a real estate broker, or salesperson as part of their license renewal process.   SUMMARY OF PROVISIONS: Section 1 Amends Paragraph (a) of subdivision 3 of section 441 of the real property law, as amended by chapter 320 of the laws of 2016 to require an additional two hours of instruction pertaining to implicit bias awareness and understanding. Further, this section defines implicit bias. Section 2 Amends Paragraph (a) of subdivision 3 of section 441 of the real property law, as amended by chapter 392 of the laws of 2019 to require an additional two hours of instruction pertaining to implicit bias awareness and understanding. Further, this section defines implicit bias. Section 3 is the effective date.   JUSTIFICATION: This legislation defines implicit bias as the attitudes or stereotypes that affect an individual's understanding, actions and decisions in an unconscious manner. On September 17, 2020, multiple New York State Senate Committees received testimony from brokers and salespersons who were identified in an outstanding NEWSDAY expose titled "Long Island Divided" which detailed Long Island's Housing Market and the housing discrimination that exists. "Long Island Divided" identified both explicit and implicit bias that exists amongst the real estate industry. During testimony on September 17th it became apparent that those testi- fying were unaware the impact implicit bias could have on their jobs as real estate professionals, which was incredibly disturbing to all. This legislation seeks to use education as means to make these professionals aware as to what implicit bias is, and the illegal and immoral impact it has.   LEGISLATIVE HISTORY:   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become law, provided, however, that if Chapter 392 of the Laws of 2019 shall not have taken effect on or before such date, then this act shall take effect on the same date and in the same manner as such chapter of the laws of 2019.
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A04638 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4638--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2021
                                       ___________
 
        Introduced by M. of A. SILLITTI -- read once and referred to the Commit-
          tee  on  Judiciary  --  committee  discharged,  bill  amended, ordered
          reprinted as amended and recommitted to said committee
 
        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-
    19  persons,  two hours of agency related instruction must be completed, and
    20  successfully completed a continuing  education  real  estate  course  or
    21  courses  approved  by  the  secretary of state as to method, content and
    22  supervision, which approval may be withdrawn if in the  opinion  of  the
    23  secretary  of state such course or courses are not being conducted prop-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04889-05-1

        A. 4638--A                          2
 
     1  erly as to  method,  content  and  supervision.  For  those  individuals
     2  licensed pursuant to subdivision six of section four hundred forty-two-g
     3  of  this  article,  in  the  individual's initial license term, at least
     4  eleven hours of the required twenty-two and one-half hours of continuing
     5  education shall be completed during the first year of the term. Of those
     6  eleven  hours,  three  hours  shall pertain to applicable New York state
     7  statutes and regulations governing the practice of real  estate  brokers
     8  and  salespersons. To establish compliance with the continuing education
     9  requirements imposed by this section, licensees shall provide an affida-
    10  vit, in a form acceptable to the department of state,  establishing  the
    11  nature  of  the  continuing  education  acquired  and shall provide such
    12  further proof as required by the department of state.   For purposes  of
    13  this  subdivision,  "implicit  bias"  shall mean the attitudes or stere-
    14  otypes that affect an individual's understanding, actions and  decisions
    15  in an unconscious manner.
    16    § 2. This act shall take effect on the one hundred eightieth day after
    17  it  shall  have  become a law, provided, however, that if chapter 392 of
    18  the laws of 2019 shall not have taken effect on or before such date then
    19  this act shall take effect on the same date and in the  same  manner  as
    20  such chapter of the laws of 2019 takes effect.
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