S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5027

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 29, 2015
                               ___________

Introduced  by  Sen.  BOYLE  -- 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  training  and
  continuing education requirements for home inspector licensing

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph (i) of  paragraph  (b)  of  subdivision  1  of
section 444-e of the real property law, as amended by section 59 of part
D of chapter 60 of the laws of 2012, is amended to read as follows:
  (i)  have  successfully  completed  a course of study of not less than
[one] TWO hundred [forty] hours approved by the secretary, of  which  at
least  [forty]  EIGHTY hours shall have been in the form of unpaid field
based inspections in the presence of and under the direct supervision of
a home inspector licensed by the state of New  York  or  a  professional
engineer  or  architect  regulated by the state of New York who oversees
and takes full responsibility for the inspection and any report provided
to a client; or
  S 2. Subdivision 1 of section 444-f  of  the  real  property  law,  as
amended  by  section  60 of part D of chapter 60 of the laws of 2012, is
amended to read as follows:
  1. Home inspector licenses and renewals thereof shall be issued for  a
period  of two years, except that the secretary may, in order to stagger
the expiration date thereof, provide that those licenses first issued or
renewed after the effective date of this section shall expire or  become
void  on  a  date fixed by the secretary, not sooner than six months nor
later than twenty-nine months after the date of issue. No renewal  of  a
license  shall be issued unless the applicant has successfully completed
[a course] AT LEAST THIRTY-TWO HOURS of continuing education approved by
the secretary WITHIN THE  TWO-YEAR  PERIOD  IMMEDIATELY  PRECEDING  SUCH
RENEWAL,  UP  TO  EIGHT  HOURS  OF WHICH MAY BE COMPLETED THROUGH ONLINE
EDUCATION THAT ADHERES TO THE REQUIREMENTS SET FORTH BY THE SECRETARY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08389-01-5
              

S. 5027                             2

  S 3. Section 444-l of the real property law, as amended by section  62
of  part  D  of  chapter  60  of the laws of 2012, is amended to read as
follows:
  S  444-l.  Duties  of  the secretary. 1. The secretary shall establish
such rules and regulations  as  shall  be  necessary  to  implement  the
provisions of this article.
  2.  THE  SECRETARY SHALL ESTABLISH RULES AND REGULATIONS PERTAINING TO
THE NUMBER AND MANNER OF HOURS OF UNPAID FIELD-BASED  TRAINING  REQUIRED
PURSUANT  TO  SUBPARAGRAPH  (I)  OF  PARAGRAPH (B) OF SUBDIVISION ONE OF
SECTION FOUR HUNDRED FORTY-FOUR-E OF THIS ARTICLE.
  3. THE SECRETARY SHALL ESTABLISH RULES AND REGULATIONS  PERTAINING  TO
THE NUMBER AND MANNER OF HOURS OF CONTINUING EDUCATION REQUIRED PURSUANT
TO SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-FOUR-F OF THIS ARTICLE.
SUCH  RULES AND REGULATIONS SHALL INCLUDE STANDARDS AND REQUIREMENTS FOR
COMPUTER BASED DISTANCE LEARNING PROGRAMS.
  S 4. This act shall take effect immediately.