PRINTER'S NO. 237
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
31
Session of
2015
INTRODUCED BY GRELL, COHEN, WATSON, MARSICO, JAMES, A. HARRIS,
GILLEN, MILLARD, MURT, M. K. KELLER, EVERETT, DeLUCA, DAVIS,
PETRI AND GIBBONS, JANUARY 28, 2015
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
JANUARY 28, 2015
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 powers and duties of
the State Board of Certified Real Estate Appraisers, for
application and qualifications, for reciprocity and for
certification renewal, licensure renewal and records.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5 of the act of July 10, 1990 (P.L.404,
No.98), known as the Real Estate Appraisers Certification Act,
is amended by adding paragraphs to read:
Section 5. Powers and duties of board.
* * *
(11) To require each initial applicant for licensed
appraiser trainee, certified residential appraiser or
certified general appraiser to submit to fingerprinting by
the Pennsylvania State Police. The Pennsylvania State Police
shall submit the fingerprints to the Federal Bureau of
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Investigation for purposes of verifying the identity of the
individual and obtaining records of criminal arrests and
convictions. The board shall consider information obtained
pursuant to this paragraph for the purpose of screening
applicants for fitness for licensure or certification in
accordance with the provisions of this act and the Real
Property Appraiser Qualification Criteria of the Appraiser
Qualifications Board of the Appraisal Foundation. National
criminal history record information received by the board
shall be handled or maintained in accordance with Federal
Bureau of Investigation policy.
(12) To the extent required by standards and regulations
for the qualifications of appraisers promulgated pursuant to
the Financial Institutions Reform, Recovery, and Enforcement
Act of 1989, to consider criminal history record information
of arrests that do not result in a conviction,
notwithstanding the provisions of 18 Pa.C.S. § 9124(b)(1)
(relating to use of records by licensing agencies).
Section 2. Section 6(c) of the act, amended October 9, 2008
(P.L.1380, No.103), is amended to read:
Section 6. Application and qualifications.
* * *
(c) Application.--An applicant for certification or license
shall submit a written application on forms provided by the
board[. The application and any and all documentation submitted
with the application shall be subscribed and sworn to before a
notary public. The applicant shall be held responsible for the
statements contained in the application. The making of a false
statement in an application may constitute a ground for
certification or license denial or revocation. The application
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shall evidence] that includes information subject to the
penalties for false swearing set forth in 18 Pa.C.S. § 4903
(relating to false swearing) or unsworn falsification to
authorities set forth in 18 Pa.C.S. § 4904 (relating to unsworn
falsification to authorities) and which demonstrates that:
(1) [He or she] The applicant is of good moral
character.
(2) [His or her application has been accompanied by] The
applicant has paid the application fee.
(3) The applicant has satisfied requirements of the
Pennsylvania State Police and the Federal Bureau of
Investigation for dissemination to the board of criminal
history record information required by the Appraiser
Qualifications Board of the Appraisal Foundation.
(4) The applicant has satisfied the qualifications for
licensure as an appraiser trainee or certification as a
residential real estate appraiser or general real estate
appraiser required by:
(i) This act.
(ii) The regulations of the board.
(iii) The Real Property Appraiser Qualification
Criteria of the Appraiser Qualifications Board of the
Appraisal Foundation.
* * *
Section 3. Section 7 of the act is amended to read:
Section 7. Reciprocity.
The board shall have the power to grant a reciprocal
certification to an applicant who is certified [or licensed] as
an appraiser or licensed as an appraiser trainee in another
state and has demonstrated qualifications which equal or exceed
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those required pursuant to this act in the determination of the
board[, provided that no certificate shall be granted under this
section to an applicant unless the state in which the applicant
is certified or licensed affords reciprocal treatment to persons
who are residents of this Commonwealth and who are certified
pursuant to this act].
Section 4. Section 10 of the act is amended by adding a
subsection to read:
Section 10. Certification renewal, licensure renewal and
records.
* * *
(b.2) Continuing education for licensed appraiser
trainees.--Licensed appraiser trainees shall be subject to the
same continuing education requirements for licensure renewal as
residential and general appraisers, but any qualifying education
completed after the issuance of the license and during the
biennial licensure period may also be applied to satisfy the
licensed appraiser trainee's continuing education requirements
under this subsection.
* * *
Section 5. This act shall take effect in 60 days.
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