Trial Engrossment of Amendment A06084 to House Bill 1032 P.N. 1204, Regular Session 2019-2020

A06084

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1032

Session of

2019

INTRODUCED BY JAMES, MOUL, EVERETT, FREEMAN AND SAPPEY,

APRIL 5, 2019

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 5, 2019

AN ACT

Amending the act of July 10, 1990 (P.L.404, No.98), entitled "An

act providing for the certification of real estate

appraisers; specifying requirements for certification;

providing for sanctions and penalties; and making an

appropriation," further providing for definitions and for

State Board of Certified Real Estate Appraisers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 2 of the act of July 10, 1990 (P.L.404,

No.98), known as the Real Estate Appraisers Certification Act,

is amended by adding definitions to read:

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Certified Pennsylvania evaluator." A person who holds a

current valid certificate issued under the act of April 16, 1992

(P.L.155, No.28), known as the Assessors Certification Act.

"Professional member." A certified Pennsylvania evaluator or

a State-certified real estate appraiser.

"Home inspection." A noninvasive visual examination of the

systems and essential components of a residential dwelling

designed to identify material defects in those systems and

components and performed for a fee in connection with or

preparation for a proposed or possible residential real estate

transfer. The term:

(1) Includes a consultation regarding the property that

is represented to be a home inspection or that is described

by a similar term.

(2) Does not include any of the following:

(i) An examination of a single system or component

of a residential dwelling, such as an electrical or

plumbing system or roof.

(ii) An examination that is limited to inspection

for or of one or more of the following:

(A) Wood destroying insects.

(B) Underground tanks and wells.

(D) Swimming pools and spas.

(E) Alarm systems.

(F) Air and water quality.

(G) Tennis courts and playground equipment.

(H) Pollutants, toxic chemicals and

environmental hazards.

(iii) An examination associated with moving into or

out of a leased home.

"Home inspector." An individual who performs home

inspections. The term does not include an individual licensed

under any of the following laws when acting under the

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individual's registration or license:

(1) The act of May 23, 1945 (P.L.913, No.367), known as

the Engineer, Land Surveyor and Geologist Registration Law,

as to professional engineers, professional land surveyors and

professional geologists.

(2) The act of January 24, 1966 (1965 P.L.1535, No.537),

known as the Pennsylvania Sewage Facilities Act .

(3) The act of March 1, 1974 (P.L.90, No.24), known as

the Pennsylvania Pesticide Control Act of 1973 .

(4) The act of December 14, 1982 (P.L.1227, No.281),

known as the Architects Licensure Law .

(5) The act of July 9, 1987 (P.L.238, No.43), known as

the Radon Certification Act.

* * *

Section 2. Section 4(a) and (b) of the act are amended and

the section is amended by adding a subsection to read:

Section 4. State Board of Certified Real Estate Appraisers.

(a) Creation.--There is hereby created the State Board of

Certified Real Estate Appraisers as a departmental

administrative board in the Department of State. The board shall

consist of the following members:

(1) The Secretary of the Commonwealth or a designee.

(2) The Attorney General or a designee.

(3) The Secretary of Banking or a designee.

(4) [ Eight ] Ten members who are citizens of the United

States and who have been residents of this Commonwealth for a

two-year period immediately prior to appointment[ , two of

whom shall be public members and six ]. Six of [ whom ] the

members shall be [persons who are] State-certified real

estate appraisers[ . ], two of the members shall be certified

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Pennsylvania evaluators and two of the members shall be

public members. Nothing in this paragraph shall prohibit the

appointment of a professional member who is a certified

Pennsylvania evaluator and also a State-certified real estate

appraiser, except that the appointment shall specify in which

capacity the member is being appointed.

(4) [Eight members who are citizens of the United States

and who have been residents of this Commonwealth for a two-

year period immediately prior to appointment, two of whom

shall be public members and six of whom shall be persons who

are State-certified real estate appraisers.] As follows:

(i) Fourteen members who are citizens of the United

States and who have been residents of this Commonwealth

for a two-year period immediately prior to appointment as

follows:

(A) Eight of the members shall be State-

certified real estate appraisers.

(B) Two of the members shall be certified

Pennsylvania evaluators.

(D) Two of the members shall be licensed home

inspectors.

(E) Two of the members shall be unlicensed home

inspectors. This subparagraph shall expire on the

effective date of clause (D).

(ii) If a member is qualified in more than one

profession specified in this paragraph, the appointment

shall specify in which capacity the member is appointed.

(b) Term of office.--The professional and public members

shall serve four-year terms, except as provided in subsection

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the advice and consent of a majority of the members elected to

the Senate.

* * *

(c.1) Initial appointments of certified Pennsylvania

evaluators and qualified home inspectors .--Within 90 days of the

effective date of this subsection, the Governor shall nominate

one certified Pennsylvania evaluator and one qualified home

inspector to serve a two-year term and one certified

Pennsylvania evaluator and one qualified home inspector to serve

a four-year term.

* * *

Section 3. This act shall take effect in 60 days.

Section 3. If the act is amended to provide for licensed

home inspectors, the State Board of Certified Real Estate

Appraisers shall transmit notice of enactment to the Legislative

Reference Bureau for publication in the Pennsylvania Bulletin.

Section 4. The terms of the two unlicensed home inspector

members of the board under section 4(a)(4)(E) of the act shall

expire on the effective date of section 4(a)(4)(D) of the act.

Section 5. This act shall take effect as follows:

(1) The following provisions shall take effect

immediately:

(i) Sections 3 and 4 of this act.

(ii) This section.

(2) The addition of section 4(a)(4)(D) of the act shall

take effect upon publication of the notice under section 3 of

this act.

(3) The remainder of this act shall take effect in 60

days.

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