PRIOR PRINTER'S NOS. 588, 1287 PRINTER'S NO. 1619
No. 564 Session of 1995
INTRODUCED BY HOLL, FEBRUARY 15, 1995
AS AMENDED ON THIRD CONSIDERATION, DECEMBER 6, 1995
AN ACT
1 Amending the act of July 10, 1990 (P.L.404, No.98), entitled "An
2 act providing for the certification of real estate
3 appraisers; specifying requirements for certification;
4 providing for sanctions and penalties; and making an
5 appropriation," further providing for certification, for
6 applications, for qualifications, for disciplinary measures
7 and for scope of practice; and making a repeal.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Sections 3, 6(a) and (h), 11(a)(15) and 18 of the
11 act of July 10, 1990 (P.L.404, No.98), known as the Real Estate
12 Appraisers Certification Act, are amended to read:
13 Section 3. Real estate appraiser certification required.
14 It shall be unlawful, on or after [July 1, 1991] January 1, <--
15 1994 JANUARY 1, 1993, for any person to hold himself out as a <--
16 State-certified real estate appraiser or to perform appraisals
17 required by the Financial Institutions Reform, Recovery, and
18 Enforcement Act of 1989 (Public Law 101-73, 103 Stat. 183) to be
19 performed by a State-certified or State-licensed real estate
20 appraiser unless that person holds [a] AN APPROPRIATE, <--
1 current[,] AND valid certification from the board to perform <--
2 real estate appraisals. [The board shall postpone the
3 prohibition on the performance of appraisals without
4 certification from on or after July 1, 1991, to on or after a
5 later date upon notice that such prohibition has been postponed
6 pursuant to the Financial Institutions Reform, Recovery, and
7 Enforcement Act of 1989. Nothing in this act shall prohibit a
8 person who is licensed or exempted from licensure under the act
9 of February 19, 1980 (P.L.15, No.9), known as the Real Estate
10 Licensing and Registration Act, from performing a real property
11 appraisal without being a State-certified real estate appraiser
12 if that appraisal is not required by the Financial Institutions
13 Reform, Recovery, and Enforcement Act of 1989 to be performed by
14 a State-certified or a State-licensed real estate appraiser.] It
15 shall be unlawful on or after the effective date of this act for
16 any person to perform real estate appraisals in nonfederally
17 related transactions unless that person holds a valid
18 certificate from the board to perform real estate appraisals.
19 Section 6. Application and qualifications.
20 (a) Classes of certification.--There shall be [two] three
21 classes of certification for certified real estate appraisers as
22 follows:
23 (1) Residential, which shall consist of those persons
24 applying for, AND GRANTED, certification relating solely to <--
25 the appraisal of residential real property as required
26 pursuant to the Financial Institutions Reform, Recovery, and
27 Enforcement Act of 1989 (Public Law 101-73, 103 Stat. 183).
28 (2) General, which shall consist of those persons
29 applying for, AND GRANTED, certification relating to the <--
30 appraisal of both residential and nonresidential real
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1 property without limitation AS REQUIRED PURSUANT TO THE <--
2 FINANCIAL INSTITUTIONS REFORM, RECOVERY, AND ENFORCEMENT ACT
3 OF 1989 (PUBLIC LAW 101-73, 103 STAT. 183).
4 (3) Limited BROKER/APPRAISER, which shall consist of <--
5 those persons who, on the effective date of this act, are
6 licensed real estate brokers under the act of February 19,
7 1980 (P.L.15, No.9), known as the Real Estate Licensing and
8 Registration Act, and who, within two years of the effective
9 date of this act, make application to the board for a limited <--
10 appraiser AND ARE GRANTED WITHOUT EXAMINATION A <--
11 BROKER/APPRAISER certificate. A holder of a limited appraiser <--
12 BROKER/APPRAISER certificate shall only be permitted to <--
13 perform THOSE real property appraisals which, prior to the <--
14 effective date of this act, THAT were permitted to be <--
15 performed by a licensed real estate broker under the Real
16 Estate Licensing and Registration Act AS OF THE EFFECTIVE <--
17 DATE OF THIS ACT. FURTHERMORE, THIS CERTIFICATION
18 CLASSIFICATION PRECLUDES PERFORMANCE OF REAL ESTATE
19 APPRAISALS PURSUANT TO THE FINANCIAL INSTITUTIONS REFORM,
20 RECOVERY, AND ENFORCEMENT ACT OF 1989.
21 * * *
22 [(h) Guidelines and regulations.--In order to facilitate the
23 speedy implementation of this act, the board shall have the
24 power and authority to promulgate, adopt and use guidelines to
25 prescribe the education, experience, examination and other
26 qualifications required for certification pursuant to this
27 section. Such guidelines shall be published in the Pennsylvania
28 Bulletin. The guidelines shall not be subject to review pursuant
29 to section 205 of the act of July 31, 1968 (P.L.769, No.240),
30 referred to as the Commonwealth Documents Law, sections 204(b)
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1 and 301(10) of the act of October 15, 1980 (P.L.950, No.164),
2 known as the Commonwealth Attorneys Act, or the act of June 25,
3 1982 (P.L.633, No.181), known as the Regulatory Review Act, and
4 shall be effective for a period not to exceed two years from the
5 effective date of this act. After the expiration of the two-year
6 period, the guidelines shall expire and shall be replaced by
7 regulations which shall have been promulgated, adopted and
8 published as provided by law.]
9 Section 11. Disciplinary and corrective measures.
10 (a) Authority of board.--The board may deny, suspend or
11 revoke certificates, or limit, restrict or reprimand a
12 certificateholder for any of the following causes:
13 * * *
14 (15) Having a license or certificate to perform
15 appraisals suspended, revoked[,] or refused by an appraisal
16 licensure or certification authority of another state,
17 territory or country, or receiving other disciplinary actions
18 by the appraisal licensure or certification authority of
19 another state, territory or country.
20 * * *
21 Section 18. [State licensure requirements] Scope of practice.
22 Persons who are certified as residential real estate
23 appraisers and general real estate appraisers under this act
24 [shall also be deemed to be State-licensed appraisers under the
25 Financial Institutions Reform, Recovery, and Enforcement Act of
26 1989 (Public Law 101-73, 103 Stat. 183).] shall also have
27 authority to perform real estate appraisals in nonfederally
28 related transactions appropriate to their certification
29 classification. BROKERS/APPRAISERS SHALL CONTINUE TO HAVE <--
30 AUTHORITY TO PERFORM REAL ESTATE APPRAISALS IN NONFEDERALLY
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1 RELATED TRANSACTIONS.
2 Section 2. As much as reads "or appraises" in paragraph (3)
3 of the definition of "broker" in section 201 of the act of
4 February 19, 1980 (P.L.15, No.9), known as the Real Estate
5 Licensing and Registration Act, is repealed.
6 Section 3. This act shall take effect in 60 days.
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