SENATE AMENDED
PRIOR PRINTER'S NOS. 3570, 3643
PRINTER'S NO. 3720
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2412
Session of
2020
INTRODUCED BY POLINCHOCK, CIRESI, BARRAR, SCHLEGEL CULVER,
ECKER, JAMES, JONES, KAUFFMAN, KULIK, MACKENZIE, MALAGARI,
MEHAFFIE, MIHALEK, PUSKARIC, ROTHMAN, ROWE, RYAN, SCHMITT,
STAATS, STEPHENS, STRUZZI, TOEPEL, COX, NELSON, TOMLINSON,
KNOWLES, BOROWICZ, KLUNK, JOZWIAK, SIMMONS, READSHAW, SAPPEY,
MOUL, FEE, ZIMMERMAN, SHUSTERMAN, LEWIS, ULLMAN, DeLUCA,
KEEFER, ROZZI, GILLEN, T. DAVIS, OWLETT, HICKERNELL, THOMAS,
BOBACK, B. MILLER, MENTZER, MUSTELLO, MIZGORSKI, RIGBY, HELM,
METCALFE, FARRY, WHEELAND, KORTZ AND BROOKS, APRIL 16, 2020
SENATOR KILLION, COMMUNITY, ECONOMIC AND RECREATIONAL
DEVELOPMENT, IN SENATE, AS AMENDED, MAY 11, 2020
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for judicial administration; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," providing for emergency COVID-19 provisions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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Section 1. The act of April 9, 1929 (P.L.177, No.175), known
as The Administrative Code of 1929, is amended by adding an
article to read:
ARTICLE I-A
EMERGENCY COVID-19 PROVISIONS
Section 101-A. Extension of 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:
(1) all real estate activities of brokers, salespersons
and licensees as those terms are defined under the act of
February 19, 1980 (P.L.15, No.9), known as the Real Estate
Licensing and Registration Act, that involve the following:
(i) meetings by licensees, under the supervision of
their brokers, with prospective home buyers and tenants,
when necessary, at residences currently listed for sale
in a public forum for the purposes of facilitating a sale
of real estate, which meetings may include virtual walk-
throughs where the licensees are alone and using a
digital tool to relay the home details to the prospective
buyers or tenants;
(ii) designations by a broker of one essential,
nonlicensed employee to enter the brokerage for the
purpose of collecting contracts, addenda, deposits, rent
or other items necessary to facilitate real estate
transactions; and
(iii) entering, by licensees and an individual named
as a party to the contract, of properties that are within
72 hours of settlement for the purposes of evaluating
requested repairs negotiated between the parties to the
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contract;
(2) activities of residential home inspection providers,
including ancillary inspectors of wood infestation, radon
levels, water contamination and on-lot sewage functionality,
to enter, individually and separately, properties currently
listed for sale by a broker, under the supervision of the
broker;
(3) activities of real estate professionals and video or
virtual tour creators and other professionals serving the
public need for real estate information, while obeying the
Governor's order to enter a residence for which a broker has
a signed contract to provide real estate service, including
allowing for one-time collection of digital media under the
broker's supervision;
(4) activities of settlement service providers, working
in conjunction with a broker, to designate essential
employees for the purpose of executing mortgage documents,
transferring deeds and other necessary documents in person
that can adhere to the social distancing practices and other
mitigation measures defined by the Centers for Disease
Control and Prevention to protect workers and to mitigate the
spread of the COVID-19 virus; and
(5) legal services provided by attorneys at law as long
as those services are provided in a manner consistent with
the Centers for Disease Control and Prevention's social
distancing guidelines related to the COVID-19 pandemic at the
time the services are provided.
(a.1) Mitigation measures.--Waivers under subsection (a)
shall only be issued to business activities that can adhere to
applicable mitigation measures defined by the Centers for
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Disease Control and Prevention, Occupational Health and Safety
Administration and the Department of Health to protect workers
from and mitigate the spread of COVID-19. A business receiving a
waiver under subsection (a) shall implement the applicable
mitigation measures.
(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. § 7301(c) (relating to general authority of
Governor):
(1) Municipal use and occupancy or code enforcement
actions by a municipality under law shall be suspended, or
conditionally granted, if the municipality has not made
alternate provisions for facilitating the grant of a
certificate of occupancy during the proclamation.
(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) Enforcement.--The State Real Estate Commission of the
Commonwealth shall enforce compliance with the provisions of
subsection (a)(1).
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
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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. § 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
ARCHITECTS.
(3) ANY OTHER PROFESSIONAL CONTRACTOR, INSPECTOR OR
OTHER SERVICE PROVIDER THAT IS PROVIDING AN INSPECTION THAT
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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 AND PREVENTION 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.
Section 2. This act shall take effect immediately.
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