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SB-263 Real estate licensees: continuing education: implicit bias training.(2021-2022)

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Date Published: 01/27/2021 09:00 PM
SB263:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 263


Introduced by Senator Rubio
(Coauthor: Senator Archuleta)
(Coauthor: Assembly Member Cristina Garcia)

January 27, 2021


An act to amend Section 10170.5 of the Business and Professions Code, relating to real estate.


LEGISLATIVE COUNSEL'S DIGEST


SB 263, as introduced, Rubio. Real estate licensees: continuing education: implicit bias training.
Existing law, the Real Estate Law, establishes the Department of Real Estate, with the Real Estate Commissioner as its chief officer, and sets forth the powers and duties of the commissioner relating to the licensure and regulation of real estate brokers and salespersons. Existing law requires a licensee to successfully complete 45 hours of continuing education as a prerequisite to initial license renewal, including, among other things, a three-hour course in fair housing. For subsequent renewals, the law requires a licensee to complete 45 hours of continuing education, including an eight-hour update survey course.
This bill would require the fair housing course to include an interactive participatory component, as specified. The bill would also require a licensee, as part of the licensee’s 45 hours of continuing education, to successfully complete a 2-hour course in implicit bias training, as specified. The bill would increase the hours required for the update survey course to nine hours.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 10170.5 of the Business and Professions Code is amended to read:

10170.5.
 (a) Except as otherwise provided in Sections 10153.4 and 10170.8, no a real estate license shall not be renewed unless the commissioner finds that the applicant for license renewal has, during the four-year period preceding the renewal application, successfully completed the 45 clock hours of education provided for in Section 10170.4, including all of the following:
(1) A three-hour course in ethics, professional conduct, and legal aspects of real estate, which shall include, but not be limited to, relevant legislation, regulations, articles, reports, studies, court decisions, treatises, and information of current interest.
(2) A three-hour course in agency relationships and duties in a real estate brokerage practice, including instruction in the disclosures to be made and the confidences to be kept in the various agency relationships between licensees and the parties to real estate transactions.
(3) A three-hour course in trust fund accounting and handling.
(4) A three-hour course in fair housing. housing that shall include an interactive participatory component that allows a licensee to experience role-play situations as both a consumer and a professional licensee.
(5) A three-hour course in risk management that shall include, but need not be limited to, principles, practices, and procedures calculated to avoid errors and omissions in the practice of real estate licensed activities.
(6) A two-hour course in implicit bias training that shall include both of the following:
(A) A component regarding the impact of implicit bias, explicit bias, and systemic bias on consumers and the historical and social impacts of those biases.
(B) Actionable steps licensees can take to recognize and address their own implicit biases.

(6)

(7) In addition to paragraphs (1) to (5), (6), inclusive, a broker shall complete a three-hour course in the management of real estate offices and supervision of real estate licensed activities that shall include, but need not be limited to, the requirements described in subdivision (a) of Section 10159.7 and Section 10164.

(7)

(8) Not less than 18 clock hours of courses or programs related to consumer protection, and designated by the commissioner as satisfying this purpose in his or her the commissioner’s approval of the offering of these courses or programs, which shall include, but not be limited to, forms of real estate financing relevant to serving consumers in the marketplace, land use regulation and control, pertinent consumer disclosures, agency relationships, capital formation for real estate development, fair practices in real estate, appraisal and valuation techniques, landlord-tenant relationships, energy conservation, environmental regulation and consideration, taxation as it relates to consumer decisions in real estate transactions, probate and similar disposition of real property, governmental programs such as revenue bond activities, redevelopment, and related programs, business opportunities, mineral, oil, and gas conveyancing, and California law that relates to managing community associations that own, operate, and maintain property within common interest developments, including, but not limited to, management, maintenance, and financial matters addressed in the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).

(8)

(9) Other courses and programs that will enable a licensee to achieve a high level of competence in serving the objectives of consumers who may engage the services of licensees to secure the transfer, financing, or similar objectives with respect to real property, including organizational and management techniques, including relevant information to assist a salesperson or broker in understanding how to be effectively supervised by a responsible broker or branch manager, that will significantly contribute to this goal.
(b) Except as otherwise provided in Section 10170.8, no a real estate license shall not be renewed for a licensee who already has renewed under subdivision (a), unless the commissioner finds that the applicant for license renewal has, during the four-year period preceding the renewal application, successfully completed the 45 clock hours of education provided for in Section 10170.4, including an eight-hour a nine-hour update survey course that covers the subject areas specified in paragraphs (1) to (6), to (7), inclusive, of subdivision (a).
(c) Any denial of a license pursuant to this section shall be subject to Section 10100.
(d) For purposes of this section, “successful completion” of a course described in paragraphs (1) to (6), to (7), inclusive, of subdivision (a) means the passing of a final examination.