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,

1licensee or person related in any way to the business of the
2applicant or licensee, at a cost to be paid by the applicant
3or licensee.

<-4(11) To require each initial applicant for licensed
5appraiser trainee, certified residential appraiser or
6certified general appraiser to submit to fingerprinting by
7the Pennsylvania State Police. The Pennsylvania State Police
8shall submit the fingerprints to the Federal Bureau of
9Investigation for purposes of verifying the identity of the
10individual and obtaining records of criminal arrests and
11convictions. The board shall consider information obtained
12pursuant to this paragraph for the purpose of screening
13applicants for fitness for licensure or certification in
14accordance with the provisions of this act and the Real
15Property Appraiser Qualification Criteria of the Appraiser
16Qualifications Board of the Appraisal Foundation. National
17criminal history record information received by the board
18shall be handled or maintained in accordance with Federal
19Bureau of Investigation policy.

20(12) To the extent required by standards and regulations
21for the qualifications of appraisers promulgated pursuant to
22the Financial Institutions Reform, Recovery, and Enforcement
23Act of 1989, to consider criminal history record information
24of arrests that do not result in a conviction,
25notwithstanding the provisions of 18 Pa.C.S. § 9124(b)(1)
26(relating to use of records by licensing agencies).

27Section 2. Section 6(c) of the act, amended October 9, 2008
28(P.L.1380, No.103), is amended to read:

29Section 6. Application and qualifications.

30* * *

1(c) Application.--An applicant for certification or license
2shall submit a written application on forms provided by the
3board[. The application and any and all documentation submitted
4with the application shall be subscribed and sworn to before a
5notary public. The applicant shall be held responsible for the
6statements contained in the application. The making of a false
7statement in an application may constitute a ground for
8certification or license denial or revocation. The application
9shall evidence] that includes information subject to the 
10penalties for false swearing set forth in 18 Pa.C.S. § 4903 
11(relating to false swearing) or unsworn falsification to 
12authorities set forth in 18 Pa.C.S. § 4904 (relating to unsworn 
13falsification to authorities) and which demonstrates that:

14(1) [He or she] The applicant is of good moral
15character.

16(2) [His or her application has been accompanied by] The 
17applicant has paid the application fee.

18(3) The applicant has satisfied requirements of the
19Pennsylvania State Police and the Federal Bureau of
20Investigation for dissemination to the board of criminal
21history record information required by the Appraiser
22Qualifications Board of the Appraisal Foundation.

23(4) The applicant has satisfied the qualifications for
24licensure as an appraiser trainee or certification as a
25residential real estate appraiser or general real estate
26appraiser required by:

27(i) This act.

<-28(ii) The laws of this Commonwealth.

29(iii) <-(ii) The regulations of the board.

<-30(iv) (iii) The Real Property Appraiser Qualification

1Criteria of the Appraiser Qualifications Board of the
2Appraisal Foundation.

3* * *

4Section 3. Section 7 of the act is amended to read:

5Section 7. Reciprocity.

6The board shall have the power to grant a reciprocal
7certification to an applicant who is certified [or licensed] as
8an appraiser or licensed as an appraiser trainee in another
9state and has demonstrated qualifications which equal or exceed
10those required pursuant to this act in the determination of the
11board[, provided that no certificate shall be granted under this
12section to an applicant unless the state in which the applicant
13is certified or licensed affords reciprocal treatment to persons
14who are residents of this Commonwealth and who are certified
15pursuant to this act].

16Section 4. Section 10 of the act is amended by adding a
17subsection to read:

18Section 10. Certification renewal, licensure renewal and
19records.

20* * *

21(b.2) Continuing education for licensed appraiser
22trainees.--Licensed appraiser trainees shall be subject to the
23same continuing education requirements for licensure renewal as
24residential and general appraisers, but any qualifying education
25completed after the issuance of the license and during the
26biennial licensure period may also be applied to satisfy the
27licensed appraiser trainee's continuing education requirements
28under this subsection.

29* * *

30Section 5. This act shall take effect in 60 days.