AN ACT

 

1Amending the act of July 10, 1990 (P.L.404, No.98), entitled "An
2act providing for the certification of real estate
3appraisers; specifying requirements for certification;
4providing for sanctions and penalties; and making an
5appropriation," further providing for powers and duties of
6the State Board of Certified Real Estate Appraisers, for
7application and qualifications, for reciprocity and for
8certification renewal, licensure renewal and records.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Section 5 of the act of July 10, 1990 (P.L.404,
12No.98), known as the Real Estate Appraisers Certification Act,
13is amended by adding paragraphs to read:

14Section 5. Powers and duties of board.

15* * *

16(11) To request and receive information or records of
17any kind, including reports of criminal history record
18information from any Federal, State, local or foreign
19government entity regarding an applicant for a license,
20licensee or person related in any way to the business of the

1applicant or licensee, at a cost to be paid by the applicant
2or licensee.

3(12) To the extent required by standards and regulations
4for the qualifications of appraisers promulgated pursuant to
5the Financial Institutions Reform, Recovery, and Enforcement
6Act of 1989, to consider criminal history record information
7of arrests that do not result in a conviction,
8notwithstanding the provisions of 18 Pa.C.S. § 9124(b)(1)
9(relating to use of records by licensing agencies).

10Section 2. Section 6(c) of the act, amended October 9, 2008
11(P.L.1380, No.103), is amended to read:

12Section 6. Application and qualifications.

13* * *

14(c) Application.--An applicant for certification or license
15shall submit a written application on forms provided by the
16board[. The application and any and all documentation submitted
17with the application shall be subscribed and sworn to before a
18notary public. The applicant shall be held responsible for the
19statements contained in the application. The making of a false
20statement in an application may constitute a ground for
21certification or license denial or revocation. The application
22shall evidence] that includes information subject to the 
23penalties for false swearing set forth in 18 Pa.C.S. § 4903 
24(relating to false swearing) or unsworn falsification to 
25authorities set forth in 18 Pa.C.S. § 4904 (relating to unsworn 
26falsification to authorities) and which demonstrates that:

27(1) [He or she] The applicant is of good moral
28character.

29(2) [His or her application has been accompanied by] The 
30applicant has paid the application fee.

1(3) The applicant has satisfied requirements of the
2Pennsylvania State Police and the Federal Bureau of
3Investigation for dissemination to the board of criminal
4history record information required by the Appraiser
5Qualifications Board of the Appraisal Foundation.

6(4) The applicant has satisfied the qualifications for
7licensure as an appraiser trainee or certification as a
8residential real estate appraiser or general real estate
9appraiser required by:

10(i) This act.

11(ii) The laws of this Commonwealth.

12(iii) The regulations of the board.

13(iv) The Real Property Appraiser Qualification
14Criteria of the Appraiser Qualifications Board of the
15Appraisal Foundation.

16* * *

17Section 3. Section 7 of the act is amended to read:

18Section 7. Reciprocity.

19The board shall have the power to grant a reciprocal
20certification to an applicant who is certified [or licensed] as
21an appraiser or licensed as an appraiser trainee in another
22state and has demonstrated qualifications which equal or exceed
23those required pursuant to this act in the determination of the
24board[, provided that no certificate shall be granted under this
25section to an applicant unless the state in which the applicant
26is certified or licensed affords reciprocal treatment to persons
27who are residents of this Commonwealth and who are certified
28pursuant to this act].

29Section 4. Section 10 of the act is amended by adding a
30subsection to read:

1Section 10. Certification renewal, licensure renewal and
2records.

3* * *

4(b.2) Continuing education for licensed appraiser
5trainees.--Licensed appraiser trainees shall be subject to the
6same continuing education requirements for licensure renewal as
7residential and general appraisers, but any qualifying education
8completed after the issuance of the license and during the
9biennial licensure period may also be applied to satisfy the
10licensed appraiser trainee's continuing education requirements
11under this subsection.

12* * *

13Section 5. This act shall take effect in 60 days.