H2412B3643A05524 MSP:JMT 05/10/20 #90 A05524
AMENDMENTS TO HOUSE BILL NO. 2412
Sponsor: SENATOR KILLION
Printer's No. 3643
Amend Bill, page 2, lines 4 through 30; page 3, lines 1
through 30; page 4, lines 1 through 23; by striking out all of
said lines on said pages and inserting
ARTICLE I-A
EMERGENCY COVID-19 PROVISIONS
Section 101-A. Real estate waiver provisions.
(a) General rule.--The Secretary of Community and Economic
Development shall immediately issue a waiver to the Governor's
20200319 TWW COVID-19 Business Closure Order to all providers of
legal services, and residential and commercial real estate
services, including settlement services, that comply with
section 102-A.
(b) Other real estate actions.--Until the proclamation of
disaster emergency issued by the Governor on March 6, 2020,
published at 50 Pa.B. 1644 (March 21, 2020), and any renewal of
the state of disaster emergency, is terminated or expires under
35 Pa.C.S. ยง 7301(c) (relating to general authority of
Governor):
(1) A municipality or municipal authority that requires
a use and occupancy certificate, or any other similar
certificate or certification as a condition of a property
transfer, shall be presumed to have issued a full and
unconditional permit without requiring an inspection of the
property. If a certificate is presumed to be issued, the
municipality or municipal authority shall be enjoined from
conducting a property transfer inspection after the
proclamation has terminated or expired.
(2) Taxing authorities and public utilities shall
provide alternative means for residential home buyers or
title insurers to ascertain the current status of tax
payments or overdue utility obligations.
(c) Definition.--As used in this section, the term
"providers of residential and commercial real estate services"
shall mean:
(1) Real estate brokers and all affiliated licensees and
unlicensed employees.
(2) Home inspectors, professional engineers and
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architects.
(3) Any other professional contractor, inspector or
other service provider that is providing an inspection that
is included as a contingent provision of a real estate
agreement of transfer or lease.
(4) Real estate appraisers.
(5) Photographers or videographers engaged in collecting
digital media for real estate marketing purposes.
(6) Title agents, attorneys and notaries providing
settlement services.
Section 102-A. Compliance.
A business shall adhere to social distancing practices and
other mitigation measures defined by the Centers for Disease
Control to protect workers and to mitigate the spread of the
COVID-19 virus and the order of the Secretary of Health
directing public health safety measures for businesses permitted
to maintain in-person operations.
Section 103-A. Effect of subsequent orders.
A waiver granted under this article shall remain valid
notwithstanding any order issued pursuant to the declaration of
disaster emergency issued by the Governor on March 6, 2020,
published in 50 Pa.B. 1644 (March 21, 2020), or any renewal
thereof, unless the order removes any of the restrictions or
otherwise grants greater permissions for operations than are
provided under this article.
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