NY State Senate Bill 2021-S2134

Senate Bill S2134

2021-2022 Legislative Session

Requires faculty to be in compliance with all requirements pertaining to the instruction of the established curriculum

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to judiciary
Jan 19, 2021	referred to judiciary

co-Sponsors

2021-S2134 (ACTIVE) - Details

See Assembly Version of this Bill:: A6937
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Amd §441, RP L

2021-S2134 (ACTIVE) - Summary

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.

2021-S2134 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2134

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the real property law, in relation to requiring faculty
to be in compliance with all requirements pertaining to the instruction
of the established curriculum

 
PURPOSE:

This bill aims to ensure faculty licensed by the Department of State to
instruct real estate courses are fulfilling their requirements for
instruction by requiring the signing of a document under oath, approved
and submitted to the Department of State, attesting to compliance with
their obligations prescribed under applicable laws and regulations.

 
SUMMARY OF PROVISIONS:

Section 1: Amends real property law paragraph (c) of section 441 to
require the secretary of state to require approved faculty to sign a

document under oath, approved by and submitted to the department of
state, attesting to compliance with all applicable statutory and regula-
tory requirements pertaining to the instruction of the established
curriculum. Directs the secretary of state to promulgate penalties for
faculty that fail to meet their obligations required under this section,
including but not limited to, the suspension of their instructor certif-
icate for the first failure and the revocation of their instructor
certificate for any subsequent failure.

Section 2: Effective date.

 
JUSTIFICATION:  On November 17, 2019, Newsday, a media outlet based on
Long Island, published a three-year investigation of discrimination by
real estate agents, revealing evidence of widespread separate and
unequal treatment of minority potential homebuyers and minority communi-
ties on Long Island.

Newsday's evaluation of real estate courses demonstrated an alarming
deficiency in the quality of courses. In several of the courses
reviewed, instructors spent significant time making flippant jokes about
discrimination, debating with students about whether or not ethnic or
religious groups constituted racial categories, and what kind of indi-
viduals are more or less racist.

The need for higher standards for certifying real estate instructors is
obvious. To better enforce these mandates and ensure instructors are
fulfilling their requirements for instruction, instructors shall be
required to sign a document under oath, approved by and submitted to the
Department of State, attesting to compliance.

If an instructor fails to meet their statutory and regulatory obli-
gations, penalties prescribed by the Department of State shall be
imposed, including but not limited to, the suspension of their instruc-
tor certificate for the first failure and the revocation of their
instructor certificate for any subsequent failure.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately

2021-S2134 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2134
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section  1.  Paragraph (c) of subdivision 3 of section 441 of the real
 property law, as amended by chapter 470 of the laws of 1998, is  amended
 to read as follows:
   (c) (I) The secretary of state shall promulgate rules establishing the
 method,  content, setting and supervision requirements of the continuing
 education real estate course or courses provided for in this section. In
 establishing the requirements for the  continuing  education  course  or
 courses,  the  secretary of state shall permit alternatives with respect
 to content and method of presentation in consideration of  the  type  of
 brokerage  practiced  and the availability of the sources of such course
 or courses in different areas of the state. Each course  shall  have  an
 established  curriculum  composed  primarily of real estate practice and
 professional responsibility and ethics  and  properly  prepared  written
 materials  of  the  subject matter which shall be distributed as part of
 the course. It shall be taught by a  qualified  faculty  with  attorneys
 presenting  legal  subjects. Credit shall be awarded on the basis of one
 hour for each sixty minutes of actual attendance and  records  shall  be
 maintained  of  attendance at each session which shall be transmitted to
 the department at the  conclusion  of  the  course.  Computer-based  and
 distance  learning  courses may be approved by the department so long as
 providers demonstrate the ability to monitor and verify participation by
 the licensee for the specified time period.
   (II) THE SECRETARY OF STATE SHALL REQUIRE APPROVED FACULTY TO  SIGN  A
 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.

                                                            LBD06383-02-1

 S. 2134                             2
 
 STATE, ATTESTING TO COMPLIANCE WITH ALL APPLICABLE STATUTORY AND REGULA-
 TORY REQUIREMENTS PERTAINING  TO  THE  INSTRUCTION  OF  THE  ESTABLISHED
 CURRICULUM. THE SECRETARY OF STATE SHALL PROMULGATE PENALTIES FOR FACUL-
 TY  THAT  FAIL  TO  MEET THE OBLIGATIONS REQUIRED UNDER THIS SECTION AND
 DEPARTMENT OF STATE REGULATIONS  INCLUDING,  BUT  NOT  LIMITED  TO,  THE
 TEMPORARY  SUSPENSION OF THEIR INSTRUCTOR CERTIFICATE FOR THE FIRST SUCH
 FAILURE AND THE REVOCATION  OF  THEIR  INSTRUCTOR  CERTIFICATE  FOR  ANY
 SUBSEQUENT FAILURE.
   § 2. This act shall take effect immediately.

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Senate Bill S2134

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Sponsored By

James Skoufis