SENATE AMENDED
A03141
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1255
Session of
2021
INTRODUCED BY LEWIS, JAMES, MILLARD, KAUFFMAN, ROWE, SAYLOR,
ZIMMERMAN, SCHEMEL, ROTHMAN, KNOWLES, HAMM, DOWLING, MOUL,
HERSHEY, MENTZER, KEEFER AND BRIGGS, APRIL 21, 2021
SENATOR BAKER, JUDICIARY, IN SENATE, AS AMENDED,
NOVEMBER 9, 2021
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in facilities and
supplies, providing for additional surcharge; in limitation
of time, providing for real estate appraisals; and making a
related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding sections to read:
§ 3733.2. Additional surcharge.
(a) Imposition.-- In addition to the fees imposed under
sections 3733(a.1) (relating to deposits into account) and
3733.1 (relating to surcharge) and section 1795.1-E of the act
of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code,
the following shall apply:
(1) An additional surcharge of $10 shall be charged and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
collected by a division of the unified judicial system.
(2) A surcharge of $11.25 shall be charged and collected
by a division of the unified judicial system .
(3) Notwithstanding section 1795.1-E(c)(3)(i) of The
Fiscal Code , the surcharges under this subsection shall be
deposited into the separate reserve account within the
Judicial Computer System Augmentation Account.
Notwithstanding section 3732 (relating to utilization of
funds in account), money deposited under this subsection is
appropriated to the Supreme Court, upon compliance with
Article XV of The Fiscal Code, for the operation of the
Judicial Department.
(b) Applicability.--The provisions of section 3733.1(b)
shall apply to subsection (a)(2).
(c) Expiration.--This section shall expire June 30, 2022.
§ 5539. Real estate appraisals.
Any (A) GENERAL RULE.--EXCEPT AS PROVIDED UNDER SUBSECTION
(B), AN action to recover damages against a real estate
appraiser arising out of the appraiser's real estate appraisal
activity shall be brought within one year from a person's
discovery of the act or omission giving rise to the action, but
in no event shall an action to recover damages against a real
estate appraiser be brought more than five years after the date
the appraisal was conducted.
Section 2. This act shall take effect in 60 days.
(B) EXCEPTION.--AN ACTION TO RECOVER DAMAGES AGAINST A REAL
ESTATE APPRAISER UNDER SUBSECTION (A) MAY BE FILED MORE THAN
FIVE YEARS AFTER THE DATE THE APPRAISAL WAS CONDUCTED IF:
(1) THERE IS EVIDENCE OF FRAUD OR INTENTIONAL
MISREPRESENTATION ON THE PART OF THE REAL ESTATE APPRAISER;
A03141 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
OR
(2) THE APPRAISAL WAS PERFORMED FOR A CONSUMER AS PART
OF THE PURCHASE OR SALE OF SINGLE-FAMILY RESIDENTIAL REAL
PROPERTY NOT INVOLVING A LENDER.
SECTION 2. THE FIVE-YEAR PERIOD OF REPOSE UNDER 42 PA.C.S. §
5539 SHALL NOT APPLY TO A CAUSE OF ACTION WHICH HAS ACCRUED ON
OR BEFORE THE EFFECTIVE DATE OF THIS SECTION.
Section 2.1. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of 42
Pa.C.S. § 3733.2.
(2) Section 1795.1-E(b)(1) and (c)(1)(i) of the act of
April 9, 1929 (P.L.343, No.176), known as The Fiscal Code,
are repealed.
SECTION 3. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
IMMEDIATELY:
(I) SECTION 2.
(II) THIS SECTION.
(i) Section 2.1.
(ii) This section.
(iii) The addition of 42 Pa.C.S. § 3733.2.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
DAYS.
A03141 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24