HB 21 — An Act amending the act of July 10, 1990 (P.L.404, No.98), know as The Real Estate Appraisers Certification Act, further providing for title of act, for definitions, for State Board of Certified Real Estate Appraisers, for powers and duties of board and for application and qualifications; providing for application and qualifications of home inspectors and home inspectors-in-training, for conduct of home inspection; further providing for reciprocity, for certification renewal, licensure renewal and records, for disciplinary and corrective measures, for reinstatement of certificate or license, for reporting of multiple certification, for surrender of suspended or revoked certificate or license, for penalties and for injunctive relief; providing for remedies for home inspection services consumers, for home inspection contracts and for home inspection reports; and making a related repeal.
Last action — Vetoed by the Governor
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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5To Executive
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6Enacted
This bill died with 2019-2020 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
982 added · 1690 removedPlain-language change summary
The revised bill, HB 21, has expanded its focus by including regulations for home inspection alongside existing rules for engineering, land surveying, and geology. This change is significant because it establishes clear guidelines for home inspectors, ensuring they meet specific qualifications and standards, which can help protect consumers looking for reliable home inspection services. Additionally, the bill updates the title to reflect this broader scope, indicating a comprehensive approach to professional licensing in Pennsylvania.
PRIOR PRINTER'S NO.
959 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of 2019 No.
2581INTRODUCED THEBY GENERALHELM, ASSEMBLYKORTZ, OFBARRAR, PENNSYLVANIABOBACK, HOUSEBROWN, BILLCALTAGIRONE, SessionCIRESI, ofA. No.
21 2019 INTRODUCED BY HELM, KORTZ, BARRAR, BOBACK, BROWN, CALTAGIRONE, CIRESI, A.
DAVIS, DeLUCA, GILLEN, GOODMAN, HILL- EVANS, IRVIN, MACKENZIE, MATZIE, McNEILL, MEHAFFIE, MILLARD, MIZGORSKI, MURT, NEILSON, POLINCHOCK, RAVENSTAHL, READSHAW, SAYLOR, STRUZZI, WARREN, WEBSTER,WEBSTER JOZWIAK, MOUL, MARKOSEK AND MULLINS,JOZWIAK, MARCH 18, 2019 ASREFERRED REPORTEDTO FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSEMARCH OF18, REPRESENTATIVES, AS AMENDED, SEPTEMBER 25, 2019 AN ACT Amending the act of May 23, 1945 (P.L.913, No.367), entitled "An <-- act relating to and regulating the practice of the profession of engineering, including civil engineering, mechanical engineering, electrical engineering, mining engineering and chemical engineering, the profession of land surveying and the profession of geology and constituent parts and combinations thereof as herein defined;
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 TITLE OF ACT, FOR DEFINITIONS, FOR STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS, FOR POWERS AND DUTIES OF BOARD AND FOR APPLICATION AND QUALIFICATIONS;
PROVIDING FOR APPLICATION AND QUALIFICATIONS OF HOME INSPECTORS AND HOME INSPECTORS-IN-TRAINING, FOR CONDUCT OF HOME INSPECTION AND FOR FIRM OR CORPORATION;
FURTHER PROVIDING FOR RECIPROCITY, FOR CERTIFICATION RENEWAL, LICENSURE RENEWAL AND RECORDS, FOR DISCIPLINARY AND CORRECTIVE MEASURES, FOR REINSTATEMENT OF CERTIFICATE OR LICENSE, FOR REPORTING OF MULTIPLE CERTIFICATION, FOR SURRENDER OF SUSPENDED OR REVOKED CERTIFICATE OR LICENSE, FOR PENALTIES AND FOR INJUNCTIVE RELIEF;
PROVIDING FOR REMEDIES FOR HOME INSPECTION SERVICES CONSUMERS, FOR HOME INSPECTION CONTRACTS AND FOR HOME INSPECTION REPORTS;
AND MAKING A RELATED REPEAL.
The title of the act of May 23, 1945 (P.L.913, <-- No.367), known as the Engineer, Land Surveyor and Geologist Registration Law, is amended to read:
Definitions.--As used in this act-- * * * (u) "Home Inspection" shall mean a noninvasive visual 20190HB0021PN2581 - 2 - examination of the systems and the 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.
(i) An examination of a single system or component of a 20190HB0021PN0959 - 2 - residential dwelling, such as an electrical or plumbing system or roof.
20190HB0021PN2581 - 3 - (1) This act, 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." 20190HB0021PN0959 - 3 - (x) "Home Inspector-in-training" shall mean a candidate for licensure as a home inspector who has been granted a certificate as a home inspector-in-training who shall be eligible, upon completion of the requisite number of mentored home inspections, for the board-approved examination prescribed for licensure as a home inspector.
Sections 3, 4(a), (b) introductory paragraph, (1) and (3), (c), (d), (f), (g) and (i) and 4.1(a), (c) and (f) of 20190HB0021PN2581 - 4 - the act are amended to read:
Practice of Engineering, Land Surveying [or], Geology or Home Inspection Without Licensure and Registration Prohibited.--(a) In order to safeguard life, health or property and to promote the general welfare, it is unlawful for any person to practice or to offer to practice engineering in this Commonwealth, unless he is licensed and registered under the laws of this Commonwealth as a professional engineer, for any person to practice or to offer to practice land surveying, unless he is licensed and registered under the laws of this 20190HB0021PN0959 - 4 - Commonwealth as a professional land surveyor [or], for any person to practice or to offer to practice geology unless he is licensed and registered under the laws of this Commonwealth as a professional geologist or for any person to practice or to offer to practice home inspection unless he is licensed and registered under the laws of this Commonwealth as a home inspector.
or who, by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself to be an engineer, land surveyor [or], geologist or home inspector, or through the use of some other title implies that he is an engineer, land surveyor [or], geologist or home inspector or that he is 20190HB0021PN2581 - 5 - registered under this act;
General Powers of Board.--The board shall have power-- (a) Approval of Engineering, Surveying [and], Geology and Home Inspection Curricula.--To investigate and to approve or disapprove engineering, surveying [and], geology and home 20190HB0021PN0959 - 5 - inspection curricula of this State, and other states, territories and countries for the education of students desiring to be licensed to engage in the practice of engineering, land surveying [or], geology or home inspection, and to revoke or suspend approvals where they are no longer deemed proper.
Provided, however, That 20190HB0021PN2581 - 6 - such other state, territory or foreign country shall similarly license or register professional engineers, professional land surveyors [or], professional geologists or home inspectors licensed and registered in this Commonwealth.
* * * (3) Complies with the education and experience criteria and successfully completes the two-examination process for licensing as a professional engineer, as set forth in section 4.2, or as a professional land surveyor, as set forth in section 4.3 [or], 20190HB0021PN0959 - 6 - the examination process for licensing as a professional geologist as set forth in section 4.4 or the examination process for licensing as a home inspector as set forth in section 4.6.
In relation to engineers and surveyors, the mere execution as a contractor of work designed by a professional engineer, or the supervision of the construction of such work as a foreman or superintendent, or the operation or maintenance of machinery or equipment, or work performed as a salesman of engineering equipment or apparatus, 20190HB0021PN2581 - 7 - shall not be deemed to be active practice in engineering, unless such work has involved the actual practice of engineering.
Whenever the board determines otherwise than by examination, that an applicant has not produced sufficient evidence to show that he is competent to be placed in responsible charge and shall refuse to examine or to license such applicant, it shall set forth in writing its findings and the reasons for its conclusions and furnish a copy 20190HB0021PN0959 - 7 - thereof to the applicant.
* * * (f) Roster of Registrants.--To keep a roster showing the names and addresses of professional engineers, professional land surveyors [and], professional geologists and home inspectors 20190HB0021PN2581 - 8 - licensed under this act, and under prior laws, and registered by the board, which roster shall be published in booklet form by the board following each biennial renewal.
Reinstatements.--To suspend or revoke the license 20190HB0021PN0959 - 8 - and registration of any professional engineer, professional land surveyor [or], professional geologist or home inspector or the certificate of any engineer-in-training, geologist-in-training [or], surveyor-in-training or home inspector-in-training, who is found guilty by the board, by a majority vote of all its members, of the practice of any fraud, deceit or misrepresentation in obtaining his license, certification or registration, or of gross negligence, incompetency or misconduct in the practice of engineering, in the practice of land surveying [or], in the practice of geology or in the practice of home inspection, or of violation of the code of ethics of the engineering profession, and to reinstate suspended licenses, registrations and certificates in any cases where a majority of all the members of the board shall determine the same to be just and proper.
Unless ordered to do so by a court, the board shall not reinstate the license, certificate or registration of a person to practice as a professional engineer, professional land surveyor, professional geologist, home inspector or an engineer- in-training, geologist-in-training [or a], surveyor-in-training or home inspector-in-training which has been revoked, and such 20190HB0021PN2581 - 9 - person shall be required to apply for a license, certificate or registration after a period of five years in accordance with section 2 if he desires to practice at any time after such revocation.
Misconduct in the practice of engineering, land surveying [or], geology or home inspection shall include, but not be limited to conviction for a criminal offense such as extortion, bribery or fraud or 20190HB0021PN0959 - 9 - entry of a plea of nolo contendere to a charge thereof for conduct relating to the practice of engineering, land surveying [or], geology or home inspection, or has violated any provision of this act or any regulation promulgated by the board.
(4) To compete with another engineer, land surveyor [or], 20190HB0021PN2581 - 10 - geologist or home inspector for employment by the use of unethical practices.
(6) To attempt to obtain or render technical services or assistance without fair and just compensation commensurate with 20190HB0021PN0959 - 10 - the services rendered:
20190HB0021PN2581 - 11 - The hearing examiners shall have the power to conduct hearings in accordance with the regulations of the board, and to issue subpoenas requiring the attendance and testimony of individuals or the production of, pertinent books, records, documents and papers by persons whom they believe to have information relevant to any matter pending before the examiner.
The hearing examiner shall hear evidence submitted and arguments of counsel, if any, with reasonable dispatch, and shall promptly record his decision, supported by findings of 20190HB0021PN0959 - 11 - fact, and a copy thereof shall immediately be sent to the board and to counsel of record, or the parties, if not represented.
State Registration Board for Professional Engineers, Land Surveyors and Geologists.--(a) There is hereby established within the Department of State the State 20190HB0021PN2581 - 12 - Registration Board for Professional Engineers, Land Surveyors and Geologists.
Any land surveyor appointed to serve on the board shall have received the land surveyor 20190HB0021PN0959 - 12 - license upon the passage of the appropriate examination.
A member may not be counted as part of a quorum or vote on any issue, other than temporary and automatic suspension, 20190HB0021PN2581 - 13 - under this act unless he is physically in attendance at the meeting.
Section 4.5(a) and (c) introductory paragraph of the act are amended and the section is amended by adding a 20190HB0021PN0959 - 13 - subsection to read:
(1) Completion of continuing education courses in the field of home inspection during the immediately preceding two years as 20190HB0021PN2581 - 14 - approved by the board.
Procedure for Licensing as Home Inspectors.-- 20190HB0021PN0959 - 14 - (a) An applicant shall be considered to be qualified for a license as a home inspector if the applicant submits proof satisfactory to the board of all of the following:
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(ii) No less than seventy-five mentored home inspections completed in the presence of and under the direct supervision of 20190HB0021PN2581 - 15 - a home inspector licensed in this Commonwealth who oversees and takes full responsibility for the home inspection and any report provided to the client.
(7) The applicant is not addicted to the habitual use of 20190HB0021PN0959 - 15 - alcohol, narcotics or other habit-forming drugs.
(b) The board shall issue a license as a home inspector to 20190HB0021PN2581 - 16 - an applicant who applies within two years of the effective date of this subsection and complies with all of the following:
or 20190HB0021PN0959 - 16 - (ii) has performed or participated in one hundred home inspections and has passed a recognized or accredited examination testing knowledge of the proper procedures for conducting a home inspection.
A person licensed or registered as a professional engineer, or licensed or registered as an architect, who violates this subsection shall be subject to disciplinary action, including license or registration 20190HB0021PN2581 - 17 - suspension and revocation, and penalties under this act and the "Architects Licensure Law," respectively.
This subsection includes advertising as a home inspector and adopting or using a title or description, or a derivative of "Licensed Home Inspector" or "Home Inspector" and their related abbreviations, 20190HB0021PN0959 - 17 - which implies directly or indirectly that home inspection services are being provided.
20190HB0021PN2581 - 18 - (2) The applicant holds an unrestricted and active home inspector license from another state whose licensure requirements are substantially equivalent to the requirements for licensure in this Commonwealth.
(4) The applicant has not been convicted of a felony under "The Controlled Substance, Drug, Device and Cosmetic Act," or of an offense under the laws of another jurisdiction which if committed in this Commonwealth would be a felony under "The 20190HB0021PN0959 - 18 - Controlled Substance, Drug, Device and Cosmetic Act," unless the applicant otherwise satisfies the qualifications contained in this act and:
(2) A license fee to obtain a local license, except that this prohibition shall not prevent a local government from 20190HB0021PN2581 - 19 - imposing an occupational license tax on a person operating as a home inspector within the jurisdiction of the local government.
It is sufficient if the 20190HB0021PN0959 - 19 - applicant files with the application a copy of a letter from the applicant's professional liability insurance carrier indicating that the applicant will be covered against professional liability in the required amounts effective upon the issuance of the applicant's license to practice home inspection in this Commonwealth.
(2) The act of January 24, 1966 (1965 P.L.1535, No.537), known as the "Pennsylvania Sewage Facilities Act." 20190HB0021PN2581 - 20 - (3) The act of March 1, 1974 (P.L.90, No.24), known as the "Pennsylvania Pesticide Control Act of 1973." (4) The "Architects Licensure Law." (5) The act of July 9, 1987 (P.L.238, No.43), known as the "Radon Certification Act." (l) The requirements of this act relating to the licensing of home inspectors shall not affect the obligations or immunities of an individual licensed under the act of February 19, 1980 (P.L.15, No.9), known as the "Real Estate Licensing and Registration Act," that are imposed or provided under that act 20190HB0021PN0959 - 20 - or 68 Pa.C.S.
20190HB0021PN2581 - 21 - Section 5.
20190HB0021PN0959 - 21 - (b) The practice of engineering, land surveying or geology, not exceeding thirty days in the aggregate in one calendar year, by a nonresident not having a place of business in this Commonwealth, if such person is legally qualified to engage in the practice of engineering, land surveying or geology in the state or territory of his residence:
20190HB0021PN2581 - 22 - Provided, That such public utility shall employ at least one professional engineer, as defined in this act, who shall be in responsible charge of such utility's engineering work and shall employ at least one professional land surveyor, as defined in this act, who shall be in responsible charge of such utility's land surveying[;].
* * * 20190HB0021PN0959 - 22 - (l) The performance of rental property inspections by an employe of a property management entity.
20190HB0021PN2581 - 23 - (b) A firm or corporation may not employ an individual in home inspection unless the individual is licensed as a home inspector by the board.
20190HB0021PN0959 - 23 - Section 7.
Fees.--(a) The fee for an applicant for licensure as a professional engineer, professional land surveyor [or], professional geologist or home inspector, including examination, and for examination or certification, or both, as an engineer-in-training or a surveyor-in-training, shall be as fixed by the board by regulation and shall be subject to review in accordance with the act of June 25, 1982 (P.L.633, No.181), known as the "Regulatory Review Act." If the revenues generated by fees, fines and civil penalties imposed in accordance with 20190HB0021PN2581 - 24 - the provisions of this act are not sufficient to match expenditures over a two-year period, the board shall increase those fees by regulation, subject to review in accordance with the "Regulatory Review Act," such that the projected revenues will meet or exceed projected expenditures.
* * * (c) All persons now qualified and engaged in the practice of engineering, land surveying [and], geology and home inspection, or who shall hereafter be licensed by the board, shall register, biennially, with the board and pay the fee for each biennial 20190HB0021PN0959 - 24 - registration.
Penalties.--(a) Whoever shall engage in the practice of engineering, the practice of land surveying [or], the practice of geology or the practice of home inspection without being licensed and registered as required by this act, 20190HB0021PN2581 - 25 - or exempted therefrom, as provided in this act, or shall present or attempt to use, as his own, the license or certificate of registration of another, or shall give any false or forged evidence of any kind to the board, or to any member thereof, in order to obtain a license or registration as a professional engineer, professional land surveyor [or], professional geologist or home inspector or a certificate as an engineer-in- training [or], surveyor-in-training, geologist-in-training or home inspector-in-training, or shall use any expired, suspended or revoked certificate of registration, or shall otherwise 20190HB0021PN0959 - 25 - violate the provisions of this act, shall be guilty of a summary offense and upon conviction thereof for a first offense, shall be sentenced to pay a fine not exceeding one thousand dollars, or suffer imprisonment, not exceeding three months, or both and for a second or subsequent offense shall be guilty of a felony, and upon conviction thereof, shall be sentenced to pay a fine of not less than two thousand dollars but not more than five thousand dollars or to imprisonment for not less than one year but not more than two years, or both.
The board shall levy this penalty only 20190HB0021PN2581 - 26 - after affording the accused party the opportunity for a hearing, as provided in Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure).
The unlawful practice of 20190HB0021PN0959 - 26 - engineering, land surveying [or], geology or home inspection, as defined in this act, may be enjoined by the courts on petition of the board or the Commissioner of Professional and Occupational Affairs.
20190HB0021PN2581 - 27 - (b) If immediate threats to health or safety are observed during the course of the inspection and the home is occupied, the home inspector shall disclose the immediate threats to health or safety to the property owner and occupants of the property at the conclusion of the home inspection.
Consumer Remedies.--(a) The performance of a home inspection is a service subject to the act of December 17, 20190HB0021PN0959 - 27 - 1968 (P.L.1224, No.387), known as the "Unfair Trade Practices and Consumer Protection Law." (b) The following acts engaged in by a home inspector, an employer of a home inspector or another business or person that controls or has a financial interest in the employer of a home inspector shall be deemed to be an unfair or deceptive act or practice as defined by section 2(4) of the "Unfair Trade Practices and Consumer Protection Law":
(2) Inspecting for a fee any property in which the home inspector, the employer of the home inspector or other business or person has a financial interest or an interest in the transfer of the property, including receipt of a commission as an agent, unless the financial interest or interest in the transfer of the property is disclosed in writing to the buyer 20190HB0021PN2581 - 28 - before the home inspection is performed and the buyer signs an acknowledgment of receipt of the disclosure.
(4) Accepting an engagement to perform a home inspection or to prepare a home inspection report in which the employment itself or the fee payable for the inspection is contingent upon 20190HB0021PN0959 - 28 - the conclusions in the report, preestablished or prescribed findings or the closing of the transaction.
20190HB0021PN2581 - 29 - (5) License number of home inspector.
(2) A waiver or modification of any provision of this 20190HB0021PN0959 - 29 - section or section 11.3, 11.4, or 11.6.
The inspection is based on observation of the visible and apparent condition of the 20190HB0021PN2581 - 30 - structure and its components on the date of inspection.
(iii) If the person conducting your home inspection is not a licensed structural engineer or other professional whose license authorizes the rendering of an opinion as to the structural integrity of a building or the building's other component parts, 20190HB0021PN0959 - 30 - you may be advised to seek a professional opinion as to any defects or concerns mentioned in the report.
(d) A home inspector shall not be held liable for the contents or omissions of a home inspection report if relied upon 20190HB0021PN2581 - 31 - by any individual or person other than the client as identified by the executed contract for the specific home inspection.
20190HB0021PN0959 - 31 - Section 10.
20190HB0021PN2581 - 32 - (iii) Section 4(a), (b)(1) and (3), (c), (d), (f), (g) and (i) of the act.
20190HB0021PN0959 - 32 - (ix) Section 9(a) and (c) of the act.
SECTION20190HB0021PN0959 1.- 33 -
THE TITLE OF THE ACT OF JULY 10, 1990 (P.L.404, <-- NO.98), KNOWN AS THE REAL ESTATE APPRAISERS CERTIFICATION ACT, IS AMENDED TO READ:
AN ACT PROVIDING FOR THE CERTIFICATION OF REAL ESTATE APPRAISERS AND LICENSURE OF HOME INSPECTORS;
SPECIFYING REQUIREMENTS FOR 20190HB0021PN2581 - 33 - CERTIFICATION AND LICENSURE;
PROVIDING FOR SANCTIONS AND PENALTIES;
AND MAKING AN APPROPRIATION.
SECTION 2.
SECTION 2 OF THE 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:
* * * "CLIENT." WHEN THE TERM IS APPLIED TO A HOME INSPECTOR, A PERSON OR PERSON ACTING THROUGH A LEGAL REPRESENTATIVE WHO CONTRACTS WITH A LICENSED HOME INSPECTOR TO OBTAIN A HOME INSPECTION AND SUBSEQUENT WRITTEN HOME INSPECTION REPORT.
"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 CONFUSINGLY 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.
20190HB0021PN2581 - 34 - (C) SEPTIC SYSTEMS.
(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 INSPECTION REPORT." A TYPEWRITTEN REPORT ON THE RESULTS OF A HOME INSPECTION.
"HOME INSPECTOR." AN INDIVIDUAL LICENSED BY THE STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS TO PERFORM HOME INSPECTIONS.
THE TERM DOES NOT INCLUDE AN INDIVIDUAL LICENSED UNDER ANY OF THE FOLLOWING LAWS WHEN ACTING UNDER THE 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.
"HOME INSPECTOR-IN-TRAINING." A CANDIDATE FOR LICENSURE AS A HOME INSPECTOR WHO HAS BEEN GRANTED A REGISTRATION AS A HOME 20190HB0021PN2581 - 35 - INSPECTOR-IN-TRAINING.
"MATERIAL DEFECT." A PROBLEM WITH A RESIDENTIAL REAL PROPERTY OR ANY PORTION OF IT THAT WOULD HAVE A SIGNIFICANT ADVERSE IMPACT ON THE VALUE OF THE PROPERTY OR THAT INVOLVES AN UNREASONABLE RISK TO PEOPLE ON THE PROPERTY.
THE FACT THAT AN ESSENTIAL COMPONENT, SYSTEM OR SUBSYSTEM IS NEAR, AT OR BEYOND THE END OF ITS NORMAL USEFUL LIFE IS NOT BY ITSELF A MATERIAL DEFECT.
* * * SECTION 3.
SECTION 4(A) AND (K) OF THE ACT ARE AMENDED 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] TWELVE 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] EIGHT OF WHOM SHALL BE PERSONS WHO ARE STATE-CERTIFIED REAL ESTATE APPRAISERS[.], ONE OF WHOM SHALL BE A TAX ASSESSOR AND ONE OF WHOM SHALL BE A PERSON WHO IS A LICENSED AND QUALIFIED HOME INSPECTOR UNDER THIS ACT, EXCEPT THAT THE HOME INSPECTOR INITIALLY APPOINTED PURSUANT TO THIS PARAGRAPH NEED NOT BE LICENSED BY THE BOARD BUT, AT THE TIME OF APPOINTMENT, MUST HAVE SATISFIED THE EDUCATION AND EXPERIENCE REQUIREMENTS OF 20190HB0021PN2581 - 36 - THIS ACT FOR LICENSURE AS A HOME INSPECTOR.
* * * (K) NOTICE.--REASONABLE NOTICE OF ALL MEETINGS SHALL BE GIVEN IN CONFORMITY WITH [THE ACT OF JULY 3, 1986 (P.L.388, NO.84), KNOWN AS THE SUNSHINE ACT] 65 PA.C.S.
CH.
7 (RELATING TO OPEN MEETINGS).
* * * SECTION 4.
SECTIONS 5(1), (3) AND (6) AND 6 HEADING OF THE ACT ARE AMENDED TO READ:
SECTION 5.
POWERS AND DUTIES OF BOARD.
THE BOARD SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
(1) TO PASS UPON THE QUALIFICATIONS AND FITNESS OF APPLICANTS FOR CERTIFICATION OR LICENSURE AND TO ADOPT AND REVISE RULES AND REGULATIONS REQUIRING APPLICANTS FOR CERTIFICATION OR LICENSURE TO PASS EXAMINATIONS RELATING TO THEIR QUALIFICATIONS FOR CERTIFICATION OR LICENSURE.
* * * (3) TO EXAMINE FOR, DENY, APPROVE, ISSUE, REVOKE, SUSPEND OR RENEW CERTIFICATES OF APPRAISERS, REGISTRATIONS OF HOME INSPECTORS-IN-TRAINING AND LICENSES OF APPRAISER TRAINEES AND HOME INSPECTORS PURSUANT TO THIS ACT AND TO CONDUCT HEARINGS IN CONNECTION THEREWITH.
* * * (6) TO ESTABLISH FEES FOR THE OPERATION OF THE BOARD, INCLUDING FEES FOR THE ISSUANCE AND RENEWAL OF REGISTRATIONS, CERTIFICATES AND LICENSES AND FOR EXAMINATIONS.
* * * SECTION 6.
APPLICATION AND QUALIFICATIONS OF CERTIFIED REAL ESTATE APPRAISERS.
* * * 20190HB0021PN2581 - 37 - SECTION 5.
THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 6.1.
APPLICATION AND QUALIFICATIONS OF HOME INSPECTORS AND HOME INSPECTORS-IN-TRAINING.
(A) QUALIFICATIONS.--AN APPLICANT SHALL BE CONSIDERED TO BE QUALIFIED FOR A LICENSE AS A HOME INSPECTOR IF THE APPLICANT SUBMITS PROOF SATISFACTORY TO THE BOARD OF ALL OF THE FOLLOWING:
(1) THE APPLICANT IS OF GOOD MORAL CHARACTER.
(2) THE APPLICANT IS AT LEAST 18 YEARS OF AGE.
(3) THE APPLICANT HAS A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT OR EQUIVALENT LIFE OR OCCUPATIONAL EXPERIENCE.
(4) THE APPLICANT:
(I) HAS COMPLETED NO LESS THAN 120 HOURS OF BOARD- APPROVED CLASSROOM INSTRUCTION, WHICH INCLUDES SIX HOURS OF EDUCATION PROVIDING THE BASIC KNOWLEDGE ON THE DIFFERENCES BETWEEN THE NATIONAL MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS ACT OF 1974 (PUBLIC LAW 93-383, 42 U.S.C.
§ 5401 ET SEQ.) AND THE ACT OF MAY 11, 1972 (P.L.286, NO.70), KNOWN AS THE INDUSTRIALIZED HOUSING ACT, AND THE INSTALLATION OF MANUFACTURED AND MODULAR HOMES;
(II) IS REGISTERED AS A HOME INSPECTOR-IN-TRAINING;
AND (III) HAS COMPLETED NO LESS THAN 75 MENTORED HOME INSPECTIONS COMPLETED IN THE PRESENCE AND UNDER THE DIRECT SUPERVISION OF A HOME INSPECTOR LICENSED IN THIS COMMONWEALTH.
A HOME INSPECTION REPORT PREPARED BY A HOME INSPECTOR-IN-TRAINING SHALL BE USED FOR TRAINING PURPOSES ONLY AND MAY NOT BE PROVIDED TO A CLIENT.
(5) THE APPLICANT HAS PASSED A BOARD-APPROVED PSYCHOMETRICALLY VALID LICENSING EXAMINATION TO BE 20190HB0021PN2581 - 38 - ADMINISTERED PURSUANT TO SECTION 812.1 OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929.
(6) THE APPLICATION IS ACCOMPANIED BY THE APPLICATION FEE AS ESTABLISHED BY THE BOARD BY REGULATION.
(7) THE APPLICANT IS NOT ADDICTED TO THE HABITUAL USE OF ALCOHOL, NARCOTICS OR OTHER HABIT-FORMING DRUGS.
(8) THE APPLICANT HAS NOT BEEN CONVICTED OF A FELONY UNDER THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, OR OF AN OFFENSE UNDER THE LAWS OF ANOTHER JURISDICTION WHICH IF COMMITTED IN THIS COMMONWEALTH WOULD BE A FELONY UNDER THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, UNLESS THE APPLICANT OTHERWISE SATISFIES THE QUALIFICATIONS CONTAINED IN THIS ACT AND:
(I) AT LEAST FIVE YEARS HAVE ELAPSED FROM THE DATE OF CONVICTION;
OR (II) THE APPLICANT SATISFACTORILY DEMONSTRATES TO THE BOARD THAT THE APPLICANT HAS MADE SIGNIFICANT PROGRESS IN PERSONAL REHABILITATION SINCE THE CONVICTION SUCH THAT LICENSURE OF THE APPLICANT SHOULD NOT BE EXPECTED TO CREATE A SUBSTANTIAL RISK OF HARM TO THE HEALTH AND SAFETY OF CLIENTS OR THE PUBLIC, IN WHICH CASE THE BOARD MAY ISSUE A PROBATIONARY LICENSE FOR THE REMAINDER OF THE FIVE YEARS REQUIRED IN SUBPARAGRAPH (I).
(B) ISSUANCE OF LICENSE.--THE BOARD SHALL ISSUE A LICENSE AS A HOME INSPECTOR TO AN APPLICANT WHO APPLIES WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBSECTION AND COMPLIES WITH ALL OF THE FOLLOWING:
(1) IS AN ACTIVE HOME INSPECTOR.
20190HB0021PN2581 - 39 - (2) MEETS THE QUALIFICATIONS DESCRIBED IN SUBSECTION (A) (1), (2), (3), (6), (7) AND (8).
(3) SUBMITS PROOF SATISFACTORY TO THE BOARD THAT THE APPLICANT HAS:
(I) BEEN IN ACTIVE, CONTINUOUS PRACTICE FOR AT LEAST FIVE YEARS IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THIS SECTION;
OR (II) HAS PERFORMED OR PARTICIPATED IN 100 HOME INSPECTIONS AND HAS PASSED A RECOGNIZED OR ACCREDITED EXAMINATION TESTING KNOWLEDGE OF THE PROPER PROCEDURES FOR CONDUCTING A HOME INSPECTION.
(C) PRACTICE OF HOME INSPECTION.--AN INDIVIDUAL MAY NOT PRACTICE HOME INSPECTION OR HOLD HIMSELF OUT AS A HOME INSPECTOR UNLESS LICENSED BY THE BOARD EXCEPT FOR THE FOLLOWING:
(1) AN INDIVIDUAL LICENSED AS A PROFESSIONAL ENGINEER UNDER THE ACT OF MAY 23, 1945 (P.L.913, NO.367), KNOWN AS THE ENGINEER, LAND SURVEYOR AND GEOLOGIST REGISTRATION LAW.
(2) AN INDIVIDUAL LICENSED UNDER THE ACT OF DECEMBER 14, 1982 (P.L.1227, NO.281), KNOWN AS THE ARCHITECTS LICENSURE LAW.
(3) A HOME INSPECTOR-IN-TRAINING PRACTICING HOME INSPECTION IN THE PRESENCE AND UNDER THE DIRECT SUPERVISION OF A HOME INSPECTOR LICENSED IN THIS COMMONWEALTH, PROVIDED THE HOME INSPECTOR-IN-TRAINING DOES NOT HOLD HIMSELF OUT AS A HOME INSPECTOR.
(D) COMPLIANCE.--NOTWITHSTANDING SUBSECTION (C), A PERSON LICENSED OR REGISTERED AS A PROFESSIONAL ENGINEER UNDER THE ENGINEER, LAND SURVEYOR AND GEOLOGIST REGISTRATION LAW, OR A PERSON LICENSED OR REGISTERED UNDER THE ARCHITECTS LICENSURE LAW, MUST COMPLY WITH SUBSECTION (I) AND SECTIONS 6.2, 17.1, 20190HB0021PN2581 - 40 - 17.2 AND 17.3 WHEN PERFORMING A HOME INSPECTION.
A PERSON LICENSED OR REGISTERED AS A PROFESSIONAL ENGINEER, OR LICENSED OR REGISTERED AS AN ARCHITECT, WHO VIOLATES THIS SUBSECTION SHALL BE SUBJECT TO DISCIPLINARY ACTION, INCLUDING LICENSE OR REGISTRATION SUSPENSION AND REVOCATION, AND PENALTIES UNDER THE ENGINEER, LAND SURVEYOR AND GEOLOGIST REGISTRATION LAW AND THE ARCHITECTS LICENSURE LAW, RESPECTIVELY.
(E) USE OF TITLE.--AN INDIVIDUAL WHO HOLDS A LICENSE OR IS MAINTAINED ON INACTIVE STATUS MAY USE THE TITLE "LICENSED HOME INSPECTOR" AND THE ABBREVIATION "L.H.I." NO OTHER INDIVIDUAL MAY USE THE TITLE "LICENSED HOME INSPECTOR" OR THE TITLE "HOME INSPECTOR" OR HOLD HIMSELF OUT TO OTHERS AS A HOME INSPECTOR.
THIS SUBSECTION INCLUDES ADVERTISING AS A HOME INSPECTOR AND ADOPTING OR USING A TITLE OR DESCRIPTION, OR A DERIVATIVE OF "LICENSED HOME INSPECTOR" OR "HOME INSPECTOR" AND THEIR RELATED ABBREVIATIONS, WHICH IMPLIES DIRECTLY OR INDIRECTLY THAT HOME INSPECTION SERVICES ARE BEING PROVIDED.
(F) NONTRANSFERABILITY OF LICENSE.--A LICENSE UNDER THIS SECTION IS NOT TRANSFERABLE.
(G) EXAMINATION NOT REQUIRED.--THE BOARD MAY ISSUE A HOME INSPECTOR LICENSE WITHOUT EXAMINATION TO AN APPLICANT HOLDING A HOME INSPECTOR LICENSE IN ANOTHER STATE WHO SUBMITS PROOF SATISFACTORY TO THE BOARD OF ALL OF THE FOLLOWING:
(1) THE APPLICANT IS OF GOOD MORAL CHARACTER.
(2) THE APPLICANT HOLDS AN UNRESTRICTED AND ACTIVE HOME INSPECTOR LICENSE FROM ANOTHER STATE WHOSE LICENSURE REQUIREMENTS ARE SUBSTANTIALLY EQUIVALENT TO THE REQUIREMENTS FOR LICENSURE IN THIS COMMONWEALTH.
(3) THE APPLICANT HAS SUBMITTED AN APPLICATION ACCOMPANIED BY THE APPLICATION FEE.
20190HB0021PN2581 - 41 - (4) THE APPLICANT HAS NOT BEEN CONVICTED OF A FELONY UNDER THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, OR OF AN OFFENSE UNDER THE LAWS OF ANOTHER JURISDICTION WHICH IF COMMITTED IN THIS COMMONWEALTH WOULD BE A FELONY UNDER THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, UNLESS THE APPLICANT OTHERWISE SATISFIES THE QUALIFICATIONS CONTAINED IN THIS ACT AND:
(I) AT LEAST FIVE YEARS HAVE ELAPSED FROM THE DATE OF CONVICTION;
OR (II) THE APPLICANT SATISFACTORILY DEMONSTRATES TO THE BOARD THAT THE APPLICANT HAS MADE SIGNIFICANT PROGRESS IN PERSONAL REHABILITATION SINCE THE CONVICTION SUCH THAT LICENSURE OF THE APPLICANT SHOULD NOT BE EXPECTED TO CREATE A SUBSTANTIAL RISK OF HARM TO THE HEALTH AND SAFETY OF CLIENTS OR THE PUBLIC, IN WHICH CASE THE BOARD MAY ISSUE A PROBATIONARY LICENSE FOR THE REMAINDER OF THE FIVE YEARS REQUIRED IN SUBPARAGRAPH (I).
(H) PROHIBITIONS.--NO AGENCY OR POLITICAL SUBDIVISION OF THIS COMMONWEALTH, OTHER THAN THE BOARD, SHALL IMPOSE THE FOLLOWING ON INDIVIDUALS LICENSED UNDER THIS SECTION:
(1) A REGISTRATION OR LICENSING REQUIREMENT FOR CONDUCTING HOME INSPECTIONS.
(2) A LICENSE FEE TO OBTAIN A LOCAL LICENSE, EXCEPT THAT THIS PROHIBITION SHALL NOT PREVENT A LOCAL GOVERNMENT FROM IMPOSING AN OCCUPATIONAL LICENSE TAX ON A PERSON OPERATING AS A HOME INSPECTOR WITHIN THE JURISDICTION OF THE LOCAL GOVERNMENT.
(I) INSURANCE.--A PERSON LICENSED AS A HOME INSPECTOR SHALL MAINTAIN INSURANCE AGAINST ERRORS AND OMISSIONS IN THE PERFORMANCE OF A HOME INSPECTION AND GENERAL LIABILITY, WITH 20190HB0021PN2581 - 42 - COVERAGES OF NOT LESS THAN $250,000 PER OCCURRENCE AND $500,000 IN THE AGGREGATE AND WITH DEDUCTIBLES OF NOT MORE THAN $15,000.
AN APPLICANT MUST PROVIDE PROOF THAT THE APPLICANT HAS OBTAINED PROFESSIONAL LIABILITY INSURANCE.
IT IS SUFFICIENT IF THE APPLICANT FILES WITH THE APPLICATION A COPY OF A LETTER FROM THE APPLICANT'S PROFESSIONAL LIABILITY INSURANCE CARRIER INDICATING THAT THE APPLICANT WILL BE COVERED AGAINST PROFESSIONAL LIABILITY IN THE REQUIRED AMOUNTS EFFECTIVE UPON THE ISSUANCE OF THE APPLICANT'S LICENSE TO PRACTICE HOME INSPECTION IN THIS COMMONWEALTH.
UPON ISSUANCE OF THE LICENSE, THE LICENSEE MUST, WITHIN 30 DAYS, SUBMIT TO THE BOARD THE CERTIFICATE OF INSURANCE OR A COPY OF THE POLICY DECLARATION PAGE.
A HOME INSPECTOR SHALL MAINTAIN PROFESSIONAL LIABILITY INSURANCE FOR AT LEAST ONE YEAR AFTER THE LATEST HOME INSPECTION REPORT THE HOME INSPECTOR DELIVERS, UNLESS THE HOME INSPECTION REPORT WAS DELIVERED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
(J) CONSTRUCTION.--NOTHING IN THIS ACT SHALL BE CONSTRUED TO ALLOW A HOME INSPECTOR WHO IS NOT LICENSED UNDER ANY OF THE FOLLOWING LAWS TO PERFORM ANY ACTIVITY THAT WOULD CONSTITUTE THE PRACTICE OF THE PROFESSION REGULATED BY THAT LAW:
(1) THE ENGINEER, LAND SURVEYOR AND GEOLOGIST REGISTRATION LAW, AS TO THE PRACTICE OF ENGINEERING, LAND SURVEYING OR GEOLOGY.
(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 ARCHITECTS LICENSURE LAW.
(5) THE ACT OF JULY 9, 1987 (P.L.238, NO.43), KNOWN AS THE RADON CERTIFICATION ACT.
20190HB0021PN2581 - 43 - (K) OTHER LICENSEES.--THE REQUIREMENTS OF THIS ACT RELATING TO THE LICENSING OF HOME INSPECTORS SHALL NOT AFFECT THE OBLIGATIONS OR IMMUNITIES OF AN INDIVIDUAL LICENSED AS OTHER THAN A HOME INSPECTOR UNDER THIS ACT THAT ARE IMPOSED OR PROVIDED UNDER THIS ACT OR 68 PA.C.S.
CH.
73 (RELATING TO SELLER DISCLOSURES) WHEN THE INDIVIDUAL IS ACTING UNDER THE INDIVIDUAL'S LICENSE, NOR THE OBLIGATIONS OR IMMUNITIES OF AN INDIVIDUAL CERTIFIED UNDER THIS ACT AS A REAL ESTATE APPRAISER WHEN THE INDIVIDUAL IS ACTING UNDER THE INDIVIDUAL'S LICENSE.
(L) HOME INSPECTOR-IN-TRAINING REGISTRANT.-- (1) THE BOARD SHALL, UPON APPLICATION AND PAYMENT OF THE APPLICATION FEE ESTABLISHED BY THE BOARD, ISSUE A HOME INSPECTOR-IN-TRAINING REGISTRATION, WITHOUT EXAMINATION, TO ANY PERSON WHO MEETS THE HOME INSPECTOR-IN-TRAINING EDUCATIONAL REQUIREMENTS SET BY THE BOARD.
(2) A HOME INSPECTOR-IN-TRAINING REGISTRANT SHALL KEEP A RECORD OF THE MENTORED HOME INSPECTIONS COMPLETED, WHICH SHALL, AT A MINIMUM, INCLUDE THE FOLLOWING INFORMATION:
(I) DATE AND TIME OF THE INSPECTION.
(II) ADDRESS OF THE RESIDENCE INSPECTED.
(III) BUSINESS NAME OF THE SUPERVISING INSPECTOR.
(IV) NAME OF THE SUPERVISING INSPECTOR.
(V) LICENSE NUMBER OF THE SUPERVISING INSPECTOR.
(VI) SIGNATURE OF THE SUPERVISING INSPECTOR.
(M) DEFINITION.--AS USED IN THIS SECTION, THE TERM "CONVICTED" INCLUDES A JUDGMENT, AN ADMISSION OF GUILT OR A PLEA OF NOLO CONTENDERE.
SECTION 6.2.
CONDUCT OF HOME INSPECTION.
(A) GENERAL RULE.--A HOME INSPECTOR SHALL CONDUCT A HOME INSPECTION WITH THE DEGREE OF CARE THAT A REASONABLY PRUDENT 20190HB0021PN2581 - 44 - HOME INSPECTOR WOULD EXERCISE.
IN ASCERTAINING THE DEGREE OF CARE THAT WOULD BE EXERCISED BY A REASONABLY PRUDENT HOME INSPECTOR, A COURT SHALL CONSIDER THE STANDARDS OF PRACTICE AND CODES OF ETHICS AS ESTABLISHED BY THE BOARD BY REGULATION.
(B) IMMEDIATE THREAT TO HEALTH OR SAFETY.--IF AN IMMEDIATE THREAT TO HEALTH OR SAFETY IS OBSERVED DURING THE COURSE OF A HOME INSPECTION AND THE HOME IS OCCUPIED, THE HOME INSPECTOR SHALL DISCLOSE THE IMMEDIATE THREAT TO HEALTH OR SAFETY TO THE PROPERTY OWNER AND OCCUPANTS OF THE PROPERTY AT THE CONCLUSION OF THE HOME INSPECTION.
POSTING A NOTICE ON A FORM PRESCRIBED BY THE BOARD BY REGULATION ON THE FRONT DOOR OF THE OCCUPIED HOME IN A POSITION THAT ENSURES THE OCCUPANTS SEE THE NOTICE SHALL CONSTITUTE PROPER DISCLOSURE.
SECTION 6.
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 AS AN APPRAISER OR LICENSED AS AN APPRAISER TRAINEE OR HOME INSPECTOR IN ANOTHER STATE AND HAS DEMONSTRATED QUALIFICATIONS WHICH EQUAL OR EXCEED THOSE REQUIRED PURSUANT TO THIS ACT IN THE DETERMINATION OF THE BOARD.
SECTION 7.
SECTION 10(A) AND (C) OF THE ACT ARE AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
SECTION 10.
CERTIFICATION RENEWAL, LICENSURE RENEWAL AND RECORDS.
(A) RENEWAL TERM.-- (1) EXCEPT AS PROVIDED UNDER PARAGRAPH (2), RENEWAL OF REGISTRATION, CERTIFICATION OR LICENSURE SHALL BE ON A BIENNIAL BASIS FOR PERSONS IN GOOD STANDING.
(2) THE BOARD MAY PRESCRIBE LIMITATIONS ON THE NUMBER OF 20190HB0021PN2581 - 45 - TIMES A REGISTERED HOME INSPECTOR-IN-TRAINING AND A LICENSED APPRAISER TRAINEE MAY RENEW A REGISTRATION OR LICENSE.
* * * (B.3) CONTINUING EDUCATION FOR HOME INSPECTORS.--A HOME INSPECTOR SHALL BE REQUIRED TO OBTAIN 32 HOURS OF CONTINUING EDUCATION DURING THE BIENNIAL RENEWAL PERIOD.
CONTINUING EDUCATION HOURS MAY BE EARNED BY COMPLETION OF CONTINUING EDUCATION COURSES IN THE FIELD OF HOME INSPECTION DURING THE IMMEDIATELY PRECEDING TWO YEARS AS APPROVED BY THE BOARD.
THREE OF THE TOTAL REQUIRED HOURS OF CONTINUING EDUCATION MUST FOCUS ON THE DIFFERENCE BETWEEN THE NATIONAL MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS ACT OF 1974 (PUBLIC LAW 93- 383, 42 U.S.C.
§ 5401 ET SEQ.) AND THE ACT OF MAY 11, 1972 (P.L.286, NO.70), KNOWN AS THE INDUSTRIALIZED HOUSING ACT, AND THE INSTALLATION OF MANUFACTURED AND MODULAR HOMES.
(C) RECORDS.--A RECORD OF ALL PERSONS LICENSED AS APPRAISER TRAINEES [AND] OR HOME INSPECTORS, ALL PERSONS CERTIFIED AS REAL ESTATE APPRAISERS AND ALL PERSONS REGISTERED AS HOME INSPECTORS- IN-TRAINING IN THIS COMMONWEALTH SHALL BE KEPT IN THE OFFICE OF THE BOARD, SHALL BE OPEN TO PUBLIC INSPECTION AND COPYING UPON PAYMENT OF A NOMINAL FEE FOR COPYING THE RECORD AND SHALL BE ACCESSIBLE ON THE BOARD'S INTERNET WEBSITE.
EACH REGISTRANT, CERTIFICATEHOLDER AND LICENSEE SHALL ADVISE THE BOARD OF THE ADDRESS OF HIS OR HER PRINCIPAL PLACE OF BUSINESS.
SECTION 8.
SECTIONS 11(A)(1), (3), (5) AND (15) AND (B), 12, 13, 14, 15(B) AND 17(A) OF THE ACT ARE AMENDED TO READ:
SECTION 11.
DISCIPLINARY AND CORRECTIVE MEASURES.
(A) AUTHORITY OF BOARD.--THE BOARD MAY DENY, SUSPEND OR REVOKE REGISTRATIONS, CERTIFICATES OR LICENSES, OR LIMIT, RESTRICT OR REPRIMAND A REGISTRANT, CERTIFICATEHOLDER OR 20190HB0021PN2581 - 46 - LICENSEE FOR ANY OF THE FOLLOWING CAUSES:
(1) PROCURING OR ATTEMPTING TO PROCURE A REGISTRATION, CERTIFICATE OR LICENSE OR RENEWAL OF A REGISTRATION, CERTIFICATE OR LICENSE PURSUANT TO THIS ACT BY KNOWINGLY MAKING A FALSE STATEMENT, SUBMITTING FALSE INFORMATION OR REFUSING TO PROVIDE COMPLETE INFORMATION IN RESPONSE TO A QUESTION IN AN APPLICATION FOR REGISTRATION, CERTIFICATION OR LICENSURE OR RENEWAL OF REGISTRATION, CERTIFICATION OR LICENSURE THROUGH ANY FORM OF FRAUD OR MISREPRESENTATION.
* * * (3) PAYING, OR OFFERING TO PAY, ANY VALUABLE CONSIDERATION OTHER THAN PROVIDED FOR BY THIS ACT TO ANY MEMBER OR EMPLOYEE OF THE BOARD TO PROCURE A REGISTRATION, CERTIFICATE OR LICENSE UNDER THIS ACT.
* * * (5) PERFORMING AN ACT OR OMITTING AN ACT WHEN SUCH PERFORMANCE OR OMISSION INVOLVES DISHONESTY, FRAUD OR MISREPRESENTATION WITH INTENT TO SUBSTANTIALLY BENEFIT THE REGISTRANT, CERTIFICATEHOLDER OR LICENSEE IN HIS PROFESSION OR WITH THE INTENT TO SUBSTANTIALLY INJURE ANOTHER PERSON.
* * * (15) HAVING A LICENSE OR CERTIFICATE TO PERFORM APPRAISALS OR HOME INSPECTIONS SUSPENDED, REVOKED OR REFUSED BY AN APPRAISAL LICENSURE OR CERTIFICATION AUTHORITY OF ANOTHER STATE, TERRITORY OR COUNTRY, OR RECEIVING OTHER DISCIPLINARY ACTIONS BY THE APPRAISAL OR HOME INSPECTION LICENSURE OR CERTIFICATION AUTHORITY OF ANOTHER STATE, TERRITORY OR COUNTRY.
* * * (B) BOARD ACTION.--WHEN THE BOARD FINDS THAT THE 20190HB0021PN2581 - 47 - REGISTRATION, CERTIFICATE OR LICENSE, APPLICATION FOR REGISTRATION, CERTIFICATION OR LICENSURE OR RENEWAL OF REGISTRATION, CERTIFICATION OR LICENSURE OF ANY PERSON MAY BE DENIED, REVOKED, RESTRICTED OR SUSPENDED UNDER THE TERMS OF SUBSECTION (A), THE BOARD MAY:
(1) DENY THE APPLICATION FOR REGISTRATION, CERTIFICATION OR LICENSURE OR FOR RENEWAL OF REGISTRATION, CERTIFICATION OR LICENSURE.
(2) ADMINISTER A PUBLIC REPRIMAND.
(3) REVOKE, SUSPEND, LIMIT OR OTHERWISE RESTRICT A REGISTRATION, CERTIFICATE OR LICENSE AS DETERMINED BY THE BOARD.
(4) SUSPEND ENFORCEMENT OF ITS FINDINGS THEREOF AND PLACE A REGISTRANT, CERTIFICATEHOLDER OR LICENSEE ON PROBATION WITH THE RIGHT TO VACATE THE PROBATIONARY ORDER FOR NONCOMPLIANCE.
(5) RESTORE A SUSPENDED REGISTRATION, CERTIFICATE OR LICENSE AND IMPOSE ANY DISCIPLINARY OR CORRECTIVE MEASURE WHICH IT MIGHT ORIGINALLY HAVE IMPOSED.
* * * SECTION 12.
REINSTATEMENT OF CERTIFICATE OR LICENSE.
UNLESS ORDERED TO DO SO BY COMMONWEALTH COURT OR AN APPEAL THEREFROM, THE BOARD SHALL NOT REINSTATE THE CERTIFICATE [OR], LICENSE OR REGISTRATION OF A PERSON TO PRACTICE AS A CERTIFIED REAL ESTATE APPRAISER OR AS AN APPRAISER TRAINEE OR AS A LICENSED HOME INSPECTOR OR AS A REGISTERED HOME INSPECTOR-IN- TRAINING, PURSUANT TO THIS ACT, WHICH HAS BEEN REVOKED.
ANY PERSON WHOSE CERTIFICATE [OR], LICENSE OR REGISTRATION HAS BEEN REVOKED MAY APPLY FOR REINSTATEMENT, AFTER A PERIOD OF AT LEAST FIVE YEARS, BUT MUST MEET ALL OF THE CERTIFICATION [OR], 20190HB0021PN2581 - 48 - LICENSURE OR REGISTRATION QUALIFICATIONS OF THIS ACT, INCLUDING THE EXAMINATION REQUIREMENT, IF HE OR SHE DESIRES TO HOLD HIMSELF OR HERSELF OUT OR TO PRACTICE AS A REAL ESTATE APPRAISER OR HOME INSPECTOR OR HOME INSPECTOR-IN-TRAINING PURSUANT TO THIS ACT AT ANY TIME AFTER SUCH REVOCATION.
SECTION 13.
REPORTING OF MULTIPLE CERTIFICATION OR LICENSURE.
ANY APPRAISER CERTIFIED IN THIS COMMONWEALTH WHO IS ALSO CERTIFIED OR LICENSED TO PERFORM APPRAISALS IN ANY OTHER STATE, TERRITORY OR COUNTRY SHALL REPORT THIS INFORMATION TO THE BOARD ON THE BIENNIAL RENEWAL APPLICATION.
ANY HOME INSPECTOR LICENSED IN THIS COMMONWEALTH WHO IS ALSO CERTIFIED OR LICENSED TO PERFORM HOME INSPECTIONS IN ANY OTHER STATE, TERRITORY OR COUNTRY SHALL REPORT THIS INFORMATION TO THE BOARD ON THE BIENNIAL RENEWAL APPLICATION.
ANY DISCIPLINARY ACTION TAKEN IN ANY OTHER STATE, TERRITORY OR COUNTRY SHALL BE REPORTED TO THE BOARD ON THE BIENNIAL RENEWAL APPLICATION, OR WITHIN 90 DAYS OF DISPOSITION, WHICHEVER IS SOONER.
MULTIPLE LICENSURE OR CERTIFICATION SHALL BE NOTED BY THE BOARD ON THE CERTIFIED APPRAISER'S OR LICENSED HOME INSPECTOR'S RECORD, AND SUCH STATE, TERRITORY OR COUNTRY SHALL BE NOTIFIED BY THE BOARD OF ANY DISCIPLINARY ACTIONS TAKEN AGAINST SAID CERTIFIED APPRAISER OR LICENSED HOME INSPECTOR IN THIS COMMONWEALTH.
SECTION 14.
SURRENDER OF SUSPENDED OR REVOKED REGISTRATION, CERTIFICATE OR LICENSE.
THE BOARD SHALL REQUIRE A PERSON WHOSE REGISTRATION, CERTIFICATE OR LICENSE HAS BEEN SUSPENDED OR REVOKED TO RETURN THE REGISTRATION, CERTIFICATE OR LICENSE IN SUCH MANNER AS THE BOARD DIRECTS.
FAILURE TO DO SO SHALL BE A MISDEMEANOR OF THE THIRD DEGREE.
SECTION 15.
PENALTIES.
20190HB0021PN2581 - 49 - * * * (B) CIVIL PENALTY.--IN ADDITION TO ANY OTHER CIVIL REMEDY OR CRIMINAL PENALTY PROVIDED FOR IN THIS ACT, THE BOARD, BY A VOTE OF THE MAJORITY OF THE MAXIMUM NUMBER OF THE AUTHORIZED MEMBERSHIP OF THE BOARD AS PROVIDED BY LAW, OR BY A VOTE OF THE MAJORITY OF THE DULY QUALIFIED AND CONFIRMED MEMBERSHIP OR A MINIMUM OF THREE MEMBERS, WHICHEVER IS GREATER, MAY LEVY A CIVIL PENALTY OF UP TO $10,000 ON ANY CERTIFICATEHOLDER [OR], LICENSEE OR REGISTRANT WHO VIOLATES ANY PROVISION OF THIS ACT [OR], ANY NONCERTIFICATEHOLDER WHO HOLDS HIMSELF OUT AS A REAL ESTATE APPRAISER IN THIS COMMONWEALTH OR WHO PERFORMS AN APPRAISAL FOR WHICH CERTIFICATION OR LICENSURE IS REQUIRED UNDER THE FINANCIAL INSTITUTIONS REFORM, RECOVERY, AND ENFORCEMENT ACT OF 1989 (PUBLIC LAW 101-73, 103 STAT.
183) AN APPRAISAL IN ANY FEDERALLY RELATED OR NONFEDERALLY RELATED TRANSACTION OR ANY OTHER APPRAISAL[.] OR ANY NONLICENSED INDIVIDUAL WHO HOLDS HIMSELF OUT AS A HOME INSPECTOR IN THIS COMMONWEALTH OR WHO PERFORMS A HOME INSPECTION FOR WHICH CERTIFICATION OR LICENSURE IS REQUIRED.
THE BOARD SHALL LEVY THIS PENALTY ONLY AFTER AFFORDING THE ACCUSED PARTY THE OPPORTUNITY FOR A HEARING, AS PROVIDED IN 2 PA.C.S.
(RELATING TO ADMINISTRATIVE LAW AND PROCEDURE).
* * * SECTION 17.
INJUNCTIVE RELIEF.
(A) INJUNCTION.--A VIOLATION OF SECTION 3 OR 6(C) OR (E) MAY BE ENJOINED BY THE COURTS UPON PETITION OF THE SECRETARY OR THE BOARD.
IN ANY PROCEEDING UNDER THIS SECTION, IT SHALL NOT BE NECESSARY TO SHOW THAT ANY PERSON IS INDIVIDUALLY INJURED BY THE ACTIONS COMPLAINED OF.
IF THE COURT FINDS THAT THE RESPONDENT HAS VIOLATED SECTION 3 OR 6.1(C) OR (E), IT SHALL ENJOIN HIM OR HER FROM SO PRACTICING OR HOLDING HIMSELF OR HERSELF OUT UNTIL 20190HB0021PN2581 - 50 - HE OR SHE HAS BEEN DULY CERTIFIED OR LICENSED.
PROCEDURE IN SUCH CASES SHALL BE THE SAME AS IN ANY OTHER INJUNCTION SUIT.
* * * SECTION 9.
THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 17.1.
REMEDIES FOR HOME INSPECTION SERVICES CONSUMERS.
(A) UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW.--THE PERFORMANCE OF A HOME INSPECTION IS A SERVICE SUBJECT TO THE ACT OF DECEMBER 17, 1968 (P.L.1224, NO.387), KNOWN AS THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW.
(B) WRONGFUL ACTS.--THE FOLLOWING ACTS ENGAGED IN BY A HOME INSPECTOR, AN EMPLOYER OF A HOME INSPECTOR OR ANOTHER BUSINESS OR PERSON THAT CONTROLS OR HAS A FINANCIAL INTEREST IN THE EMPLOYER OF A HOME INSPECTOR SHALL BE DEEMED TO BE AN UNFAIR OR DECEPTIVE ACT OR PRACTICE AS DEFINED BY SECTION 2(4) OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW:
(1) PERFORMING OR OFFERING TO PERFORM FOR AN ADDITIONAL FEE ANY REPAIRS TO A STRUCTURE WITH RESPECT TO WHICH THE HOME INSPECTOR, THE EMPLOYER OF THE HOME INSPECTOR OR OTHER BUSINESS OR PERSON HAS PREPARED A HOME INSPECTION REPORT WITHIN THE PRECEDING 12 MONTHS, EXCEPT THAT THIS PARAGRAPH SHALL NOT APPLY TO REMEDIATION FOR RADON OR WOOD-DESTROYING INSECTS.
(2) INSPECTING FOR A FEE ANY PROPERTY IN WHICH THE HOME INSPECTOR, THE EMPLOYER OF THE HOME INSPECTOR OR OTHER BUSINESS OR PERSON HAS A FINANCIAL INTEREST OR AN INTEREST IN THE TRANSFER OF THE PROPERTY, INCLUDING RECEIPT OF A BOARD AS AN AGENT, UNLESS THE FINANCIAL INTEREST OR INTEREST IN THE TRANSFER OF THE PROPERTY IS DISCLOSED IN WRITING TO THE BUYER BEFORE THE HOME INSPECTION IS PERFORMED AND THE BUYER SIGNS AN ACKNOWLEDGMENT OF RECEIPT OF THE DISCLOSURE.
20190HB0021PN2581 - 51 - (3) OFFERING OR DELIVERING A COMMISSION, REFERRAL FEE OR KICKBACK TO THE SELLER OF THE INSPECTED PROPERTY OR TO AN AGENT FOR THE SELLER OR BUYER FOR THE REFERRAL OF BUSINESS TO THE HOME INSPECTOR, THE EMPLOYER OF THE HOME INSPECTOR OR OTHER BUSINESS OR PERSON.
(4) ACCEPTING AN ENGAGEMENT TO PERFORM A HOME INSPECTION OR TO PREPARE A HOME INSPECTION REPORT IN WHICH THE EMPLOYMENT ITSELF OR THE FEE PAYABLE FOR THE INSPECTION IS CONTINGENT UPON THE CONCLUSIONS IN THE REPORT, PREESTABLISHED OR PRESCRIBED FINDINGS OR THE CLOSING OF THE TRANSACTION.
(C) HOME WARRANTY COMPANY.--A HOME WARRANTY COMPANY THAT IS AFFILIATED WITH OR RETAINS THE HOME INSPECTOR DOES NOT VIOLATE SUBSECTION (B) IF THE HOME WARRANTY COMPANY PERFORMS REPAIRS IN ACCORDANCE WITH CLAIMS MADE UNDER A HOME WARRANTY CONTRACT.
(D) OTHER REMEDIES.--IN ADDITION TO OTHER REMEDIES AVAILABLE UNDER THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW OR OTHER APPLICABLE PROVISION OF LAW, THE OWNER OF A PROPERTY ON WHICH REPAIRS ARE PERFORMED IN VIOLATION OF SUBSECTION (B)(1) SHALL BE ENTITLED TO A FULL REFUND OF MONEY PAID FOR THOSE REPAIRS, AND A PROMISSORY NOTE OR ANOTHER OBLIGATION TO PAY GIVEN TO THE PERSON PERFORMING THOSE REPAIRS SHALL BE VOID.
SECTION 17.2.
HOME INSPECTION CONTRACTS.
(A) REQUIRED PROVISIONS.--A HOME INSPECTION CONTRACT MUST BE TYPEWRITTEN AND INCLUDE ALL OF THE FOLLOWING:
(1) SIGNATURE OF CLIENT.
(2) SCOPE OF HOME INSPECTION.
(3) FEE CHARGED TO CLIENT.
(4) CONTACT INFORMATION OF HOME INSPECTOR.
(5) LICENSE NUMBER OF HOME INSPECTOR.
(6) A STATEMENT EXPLAINING THE CONFIDENTIALITY BETWEEN 20190HB0021PN2581 - 52 - THE HOME INSPECTOR AND THE CLIENT.
(B) PROHIBITED PROVISIONS.--THE FOLLOWING TYPES OF PROVISIONS IN A CONTRACT WITH A HOME INSPECTOR FOR THE PERFORMANCE OF A HOME INSPECTION ARE CONTRARY TO PUBLIC POLICY, AND THE CLAUSE SHALL BE UNENFORCEABLE AS IT RELATES TO:
(1) A LIMITATION ON THE LIABILITY OF THE HOME INSPECTOR FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
(2) A WAIVER OR MODIFICATION OF ANY PROVISION OF THIS SECTION OR SECTION 6.2, 17.1 OR 17.3.
SECTION 17.3.
HOME INSPECTION REPORTS.
(A) CONTENTS.--A HOME INSPECTION REPORT MUST BE TYPEWRITTEN AND INCLUDE ALL OF THE FOLLOWING:
(1) A DESCRIPTION OF THE SCOPE OF THE INSPECTION, INCLUDING IDENTIFICATION OF THE ESSENTIAL COMPONENTS AND SYSTEMS AND SUBSYSTEMS COVERED BY THE REPORT.
(2) A DESCRIPTION OF MATERIAL DEFECTS NOTED DURING THE INSPECTION, ALONG WITH A RECOMMENDATION THAT CERTAIN EXPERTS BE RETAINED TO DETERMINE THE EXTENT OF THE DEFECTS AND THE CORRECTIVE ACTION THAT SHOULD BE TAKEN.
(3) IF, AT THE TIME OF THE INSPECTION, THERE IS VISIBLE EVIDENCE OF THE PRESENCE OF INTERIOR MOLD, THE HOME INSPECTOR MUST DISCLOSE IN THE HOME INSPECTION REPORT THE VISIBLE EVIDENCE AND THE LOCATION AND ADVISE THE CLIENT TO OBTAIN A PROFESSIONAL EVALUATION.
(4) THE FOLLOWING STATEMENTS, SET FORTH CONSPICUOUSLY:
(I) A HOME INSPECTION IS INTENDED TO ASSIST IN EVALUATION OF THE OVERALL CONDITION OF THE DWELLING.
THE INSPECTION IS BASED ON OBSERVATION OF THE VISIBLE AND APPARENT CONDITION OF THE STRUCTURE AND ITS COMPONENTS ON THE DATE OF INSPECTION.
20190HB0021PN2581 - 53 - (II) THE RESULTS OF THIS HOME INSPECTION ARE NOT INTENDED TO MAKE A REPRESENTATION REGARDING THE PRESENCE OR ABSENCE OF LATENT OR CONCEALED DEFECTS THAT ARE NOT REASONABLY ASCERTAINABLE IN A COMPETENTLY PERFORMED HOME INSPECTION.
NO WARRANTY OR GUARANTY IS EXPRESSED OR IMPLIED.
(III) IF THE PERSON CONDUCTING YOUR HOME INSPECTION IS NOT A LICENSED STRUCTURAL ENGINEER OR OTHER PROFESSIONAL WHOSE LICENSE AUTHORIZES THE RENDERING OF AN OPINION AS TO THE STRUCTURAL INTEGRITY OF A BUILDING OR THE BUILDING'S OTHER COMPONENT PARTS, YOU MAY BE ADVISED TO SEEK A PROFESSIONAL OPINION AS TO ANY DEFECTS OR CONCERNS MENTIONED IN THE REPORT.
(IV) THIS HOME INSPECTION REPORT IS NOT TO BE CONSTRUED AS AN APPRAISAL AND MAY NOT BE USED AS SUCH FOR ANY PURPOSE.
(B) DELIVERY OF REPORT.--EXCEPT AS OTHERWISE REQUIRED BY THIS SUBSECTION OR BY LAW, A HOME INSPECTOR MAY NOT DELIVER A HOME INSPECTION REPORT TO A PERSON OTHER THAN THE CLIENT OF THE HOME INSPECTOR WITHOUT THE CLIENT'S CONSENT.
THE PROPERTY OWNER SHALL HAVE THE RIGHT, UPON REQUEST, TO RECEIVE WITHOUT CHARGE A COPY OF A HOME INSPECTION REPORT FROM THE PERSON FOR WHOM THE HOME INSPECTION REPORT WAS PREPARED.
IF IMMEDIATE THREATS TO HEALTH OR SAFETY ARE OBSERVED DURING THE COURSE OF THE INSPECTION AND IF THE PREMISES ARE OCCUPIED, THE CLIENT HEREBY CONSENTS TO ALLOW THE HOME INSPECTOR TO DISCLOSE THE IMMEDIATE THREATS TO HEALTH OR SAFETY TO THE PROPERTY OWNER AND OCCUPANTS OF THE PROPERTY.
(C) COST OF REPAIRS.--A HOME INSPECTOR MAY NOT EXPRESS EITHER ORALLY OR IN WRITING AN ESTIMATE OF THE COST TO REPAIR A 20190HB0021PN2581 - 54 - DEFECT FOUND DURING A HOME INSPECTION.
(D) LIABILITY.--A HOME INSPECTOR SHALL NOT BE HELD LIABLE FOR THE CONTENTS OR OMISSIONS OF A HOME INSPECTION REPORT IF RELIED UPON BY ANY INDIVIDUAL OR PERSON OTHER THAN THE CLIENT AS IDENTIFIED BY THE EXECUTED CONTRACT FOR THE SPECIFIC HOME INSPECTION.
(E) LIMITATION PERIOD.--AN ACTION TO RECOVER DAMAGES ARISING FROM A HOME INSPECTION REPORT MUST BE COMMENCED WITHIN ONE YEAR AFTER THE DATE THE REPORT IS DELIVERED REGARDLESS OF WHEN THE CLAIM IS DISCOVERED BY THE CLIENT.
SECTION 10.
REPEALS ARE AS FOLLOWS:
(1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THIS ACT.
(2) THE PROVISIONS OF 68 PA.C.S.
CH.
75 ARE REPEALED.
SECTION 11.
THE STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS SHALL PROMULGATE FINAL REGULATIONS TO CARRY OUT THIS ACT WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THIS SECTION.
THE BOARD SHALL REPORT, WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THIS SECTION AND EVERY 30 DAYS THEREAFTER, ON THE STATUS OF THE REGULATIONS TO THE CONSUMER PROTECTION AND PROFESSIONAL LICENSURE COMMITTEE OF THE SENATE AND THE PROFESSIONAL LICENSURE COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
SECTION 12.
THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT IMMEDIATELY:
(I) THIS SECTION.
(II) SECTION 11 OF THIS ACT.
(III) THE AMENDMENT OF SECTION 4(A) OF THE ACT.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN TWO YEARS.
20190HB0021PN2581 - 55 -
Show all 327 changed rows (287 more)
Amendments
4 amendments- House Amendment A02801 Show changes
- House Amendment A03494 Show changes
- Senate Amendment A05999 Show changes
- Senate Amendment A07511 Show changes
Click Show changes on an amendment above to see how it modifies the bill.
Action History
-
Vetoed by the Governor
-
Presented to the Governor
-
Signed in Senate
-
Signed in House
-
House concurred in Senate amendments
-
Re-reported on concurrence, as committed
-
Referred to RULES
-
Third consideration and final passage
-
PN 4619 Amended on third consideration
-
Re-reported as committed
-
Re-referred to APPROPRIATIONS
-
Second consideration
-
First consideration
-
PN 3904 Reported as amended
-
Referred to CONSUMER PROTECTION AND PROFESSIONAL LICENSURE
-
Third consideration and final passage
-
Re-reported as committed
-
Re-committed to APPROPRIATIONS
-
PN 2815 Second consideration, with amendments
-
Removed from table
-
Laid on the table
-
First consideration
-
PN 2581 Reported as amended
-
PN 0959 Referred to PROFESSIONAL LICENSURE
Sponsors
- Brandon J. Markosek · Cosponsor
- Jeanne McNeill · Cosponsor
- Milou Mackenzie · Cosponsor
- Tina M. Davis · Cosponsor
- Tina M. Davis · Cosponsor
- Helm · Primary
- Kortz · Cosponsor
- Barrar · Cosponsor
- Boback · Cosponsor
- Brown · Cosponsor
- Caltagirone · Cosponsor
- Joe Ciresi · Cosponsor
- Deluca · Cosponsor
- Mark M. Gillen · Cosponsor
- Goodman · Cosponsor
- Carol Hill-Evans · Cosponsor
- Rich Irvin · Cosponsor
- Robert F. Matzie · Cosponsor
- Thomas L. Mehaffie · Cosponsor
- Millard · Cosponsor
- Mizgorski · Cosponsor
- Murt · Cosponsor
- Ed Neilson · Cosponsor
- Polinchock · Cosponsor
- Ravenstahl · Cosponsor
- Readshaw · Cosponsor
- Saylor · Cosponsor
- James B. Struzzi · Cosponsor
- Perry S. Warren · Cosponsor
- Joe Webster · Cosponsor
- Dan Moul · Cosponsor
- Kyle J. Mullins · Cosponsor
- Barry Jozwiak · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 32 co-sponsors · 220 not signed on · 25 voted No
Sponsors (1)
- Helm
Co-sponsors (32)
- Brandon J. Markosek Democratic
- Jeanne McNeill Democratic
- Milou Mackenzie Republican
- Tina M. Davis Democratic
- Tina M. Davis Democratic
- Kortz
- Barrar
- Boback
- Brown
- Caltagirone
- Joe Ciresi Democratic
- Deluca
- Mark M. Gillen Republican Voted No
- Goodman
- Carol Hill-Evans Democratic
- Rich Irvin Republican
- Robert F. Matzie Democratic
- Thomas L. Mehaffie Republican
- Millard
- Mizgorski
- Murt
- Ed Neilson Democratic
- Polinchock
- Ravenstahl
- Readshaw
- Saylor
- James B. Struzzi Republican
- Perry S. Warren Democratic
- Joe Webster Democratic
- Dan Moul Republican Voted No
- Kyle J. Mullins Democratic
- Barry Jozwiak
Not signed on (220)
220 members have not signed on to this bill.
Show all 220 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 84 | 7 | 0 | 0 |
| Republican | 44 | 13 | 0 | 0 |
| Democratic | 54 | 0 | 0 | 0 |
| Total | 182 | 20 | 0 | 0 |
| % of votes cast | 90% | 10% | 0% | 0% |
How each member voted (202)
| Member | Party | Vote |
|---|---|---|
| BARRAR | — | Yea |
| BOBACK | — | Yea |
| MURT | — | Yea |
| NELSON | — | Nay |
| PEIFER | — | Yea |
| POLINCHOCK | — | Yea |
| PUSKARIC | — | Yea |
| PYLE | — | Yea |
| QUINN | — | Yea |
| REESE | — | Yea |
| RYAN | — | Nay |
| SANKEY | — | Yea |
| SAYLOR | — | Yea |
| SCHROEDER | — | Yea |
| SIMMONS | — | Yea |
| SONNEY | — | Yea |
| STEPHENS | — | Yea |
| THOMAS | — | Yea |
| TOBASH | — | Yea |
| TOEPEL | — | Yea |
| TOOHIL | — | Yea |
| WHEELAND | — | Yea |
| CALTAGIRONE | — | Yea |
| CRUZ | — | Yea |
| DELISSIO | — | Yea |
| DELUCA | — | Yea |
| DERMODY | — | Yea |
| DONATUCCI | — | Yea |
| DRISCOLL | — | Yea |
| EVANS | — | Yea |
| FITZGERALD | — | Yea |
| GAINEY | — | Yea |
| GALLOWAY | — | Yea |
| GOODMAN | — | Yea |
| HARRIS | — | Yea |
| KIRKLAND | — | Yea |
| KORTZ | — | Yea |
| LEE | — | Yea |
| LONGIETTI | — | Yea |
| MCCARTER | — | Yea |
| MULLERY | — | Yea |
| PETRARCA | — | Yea |
| RAVENSTAHL | — | Yea |
| READSHAW | — | Yea |
| ROEBUCK | — | Yea |
| SAINATO | — | Yea |
| SIMS | — | Yea |
| SNYDER | — | Yea |
| STURLA | — | Yea |
| ULLMAN | — | Yea |
| WHEATLEY | — | Yea |
| WILLIAMS | — | Yea |
| YOUNGBLOOD | — | Yea |
| BROWN | — | Yea |
| COX | — | Yea |
| DOWLING | — | Nay |
| EVERETT | — | Yea |
| GABLER | — | Yea |
| GILLESPIE | — | Yea |
| HAHN | — | Yea |
| HELM | — | Yea |
| HENNESSEY | — | Yea |
| HERSHEY | — | Yea |
| HICKERNELL | — | Yea |
| JONES | — | Yea |
| KELLER | — | Yea |
| KNOWLES | — | Yea |
| LEWIS | — | Nay |
| MACKENZIE | — | Yea |
| MASSER | — | Yea |
| METCALFE | — | Nay |
| MILLARD | — | Yea |
| MIZGORSKI | — | Yea |
| Aaron Kaufer | — | Yea |
| Barry Jozwiak | — | Yea |
| DAVIS, A | — | Yea |
| Dan Miller | — | Yea |
| Donna Bullock | — | Yea |
| Donna Oberlander | — | Yea |
| George Dunbar | — | Yea |
| Jim Gregory | — | Yea |
| Jim Marshall | — | Yea |
| Kevin Boyle | — | Yea |
| Louis Schmitt | — | Yea |
| Mark Rozzi | — | Yea |
| Mike Zabel | — | Yea |
| Paul Schemel | — | Nay |
| Sara Innamorato | — | Yea |
| Seth Grove | — | Yea |
| Stephen Kinsey | — | Yea |
| Torren Ecker | — | Nay |
| Andre D. Carroll | Democratic | Yea |
| Anita Astorino Kulik | Democratic | Yea |
| Benjamin V. Sanchez | Democratic | Yea |
| Brandon J. Markosek | Democratic | Yea |
| Bridget M. Kosierowski | Democratic | Yea |
| Carolyn T. Comitta | Democratic | Yea |
| Christina D. Sappey | Democratic | Yea |
| Christopher M. Rabb | Democratic | Yea |
| Dan Frankel | Democratic | Yea |
| Daniel J. Deasy | Democratic | Yea |
| Danielle Friel Otten | Democratic | Yea |
| Danilo Burgos | Democratic | Yea |
| David M. Delloso | Democratic | Yea |
| Ed Neilson | Democratic | Yea |
| Eddie Day Pashinski | Democratic | Yea |
| Elizabeth Fiedler | Democratic | Yea |
| Frank Burns | Democratic | Yea |
| G. Roni Green | Democratic | Yea |
| Greg Vitali | Democratic | Yea |
| Jared G. Solomon | Democratic | Yea |
| Jason Dawkins | Democratic | Yea |
| Jeanne McNeill | Democratic | Yea |
| Jennifer O'Mara | Democratic | Yea |
| Joanna E. McClinton | Democratic | Yea |
| Joe Ciresi | Democratic | Yea |
| Joe Webster | Democratic | Yea |
| Joseph C. Hohenstein | Democratic | Yea |
| Kristine C. Howard | Democratic | Yea |
| Kyle J. Mullins | Democratic | Yea |
| Leanne Krueger | Democratic | Yea |
| Liz Hanbidge | Democratic | Yea |
| Malcolm Kenyatta | Democratic | Yea |
| Marty Flynn | Democratic | Yea |
| Mary Jo Daley | Democratic | Yea |
| MaryLouise Isaacson | Democratic | Yea |
| Matthew D. Bradford | Democratic | Yea |
| Maureen E. Madden | Democratic | Yea |
| Melissa L. Shusterman | Democratic | Yea |
| Michael H. Schlossberg | Democratic | Yea |
| Morgan Cephas | Democratic | Yea |
| Nathan Davidson | Democratic | Yea |
| Patrick J. Harkins | Democratic | Yea |
| Patty Kim | Democratic | Yea |
| Perry S. Warren | Democratic | Yea |
| Peter Schweyer | Democratic | Yea |
| Robert E. Merski | Democratic | Yea |
| Robert F. Matzie | Democratic | Yea |
| Robert Freeman | Democratic | Yea |
| Ryan A. Bizzarro | Democratic | Yea |
| Scott Conklin | Democratic | Yea |
| Steve Samuelson | Democratic | Yea |
| Steven R. Malagari | Democratic | Yea |
| Tim Briggs | Democratic | Yea |
| Tina M. Davis | Democratic | Yea |
| Aaron Bernstine | Republican | Nay |
| Barbara Gleim | Republican | Yea |
| Brad Roae | Republican | Nay |
| Brett R. Miller | Republican | Yea |
| Bryan Cutler | Republican | Yea |
| Bud Cook | Republican | Yea |
| Carl Walker Metzgar | Republican | Yea |
| Clint Owlett | Republican | Yea |
| Craig T. Staats | Republican | Yea |
| Cris Dush | Republican | Yea |
| Dan Moul | Republican | Yea |
| David H. Rowe | Republican | Nay |
| David H. Zimmerman | Republican | Yea |
| David M. Maloney | Republican | Yea |
| Dawn W. Keefer | Republican | Nay |
| Doyle Heffley | Republican | Yea |
| Eric Davanzo | Republican | Yea |
| Frank A. Farry | Republican | Yea |
| Gary W. Day | Republican | Yea |
| Greg Rothman | Republican | Yea |
| Jack Rader | Republican | Nay |
| James B. Struzzi | Republican | Yea |
| Jason Ortitay | Republican | Yea |
| Jesse Topper | Republican | Yea |
| Jim Rigby | Republican | Yea |
| Joe Emrick | Republican | Yea |
| John A. Lawrence | Republican | Yea |
| Jonathan Fritz | Republican | Nay |
| Joshua D. Kail | Republican | Yea |
| Kate A. Klunk | Republican | Yea |
| Kathleen C. Tomlinson | Republican | Yea |
| Kathy L. Rapp | Republican | Nay |
| Keith J. Greiner | Republican | Yea |
| Kerry A. Benninghoff | Republican | Yea |
| Lynda Schlegel Culver | Republican | Yea |
| Marci Mustello | Republican | Yea |
| Mark M. Gillen | Republican | Nay |
| Martin T. Causer | Republican | Yea |
| Martina A. White | Republican | Yea |
| Michele Brooks | Republican | Yea |
| Mindy Fee | Republican | Yea |
| Natalie Mihalek | Republican | Yea |
| Parke Wentling | Republican | Nay |
| R. Lee James | Republican | Yea |
| Rich Irvin | Republican | Yea |
| Rob W. Kauffman | Republican | Nay |
| Russ Diamond | Republican | Nay |
| Ryan Warner | Republican | Nay |
| Sheryl M. Delozier | Republican | Yea |
| Stephanie Borowicz | Republican | Nay |
| Steven C. Mentzer | Republican | Yea |
| Thomas L. Mehaffie | Republican | Yea |
| Timothy J. O'Neal | Republican | Yea |
| Timothy R. Bonner | Republican | Yea |
| Tina Pickett | Republican | Yea |
| Valerie S. Gaydos | Republican | Yea |
| Zachary Mako | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 17 | 0 | 0 | 0 |
| Unaffiliated | 17 | 2 | 0 | 0 |
| Democratic | 6 | 7 | 0 | 1 |
| Total | 40 | 9 | 0 | 1 |
| % of votes cast | 80% | 18% | 0% | 2% |
How each member voted (50)
| Member | Party | Vote |
|---|---|---|
| ARNOLD | — | Yea |
| AUMENT | — | Yea |
| BLAKE | — | Yea |
| BREWSTER | — | Yea |
| BROWNE | — | Yea |
| CORMAN | — | Yea |
| DINNIMAN | — | Nay |
| DISANTO | — | Yea |
| FARNESE | — | Yea |
| GORDNER | — | Yea |
| IOVINO | — | Yea |
| KILLION | — | Yea |
| LEACH | — | Nay |
| MENSCH | — | Yea |
| REGAN | — | Yea |
| SABATINA | — | Yea |
| SCARNATI | — | Yea |
| SCAVELLO | — | Yea |
| YUDICHAK | — | Yea |
| Anthony H. Williams | Democratic | Nay |
| Art Haywood | Democratic | Not Voting |
| Christine M. Tartaglione | Democratic | Yea |
| Jay Costa | Democratic | Nay |
| Judith L. Schwank | Democratic | Yea |
| Katie J. Muth | Democratic | Nay |
| Lindsey M. Williams | Democratic | Nay |
| Lisa M. Boscola | Democratic | Yea |
| Maria Collett | Democratic | Nay |
| Sharif Street | Democratic | Yea |
| Steven J. Santarsiero | Democratic | Nay |
| Timothy P. Kearney | Democratic | Yea |
| Vincent J. Hughes | Democratic | Nay |
| Wayne D. Fontana | Democratic | Yea |
| Camera Bartolotta | Republican | Yea |
| Daniel Laughlin | Republican | Yea |
| David G. Argall | Republican | Yea |
| Doug Mastriano | Republican | Yea |
| Elder A. Vogel | Republican | Yea |
| Gene Yaw | Republican | Yea |
| Joe Pittman | Republican | Yea |
| Judy Ward | Republican | Yea |
| Kathleen C. Tomlinson | Republican | Yea |
| Kim L. Ward | Republican | Yea |
| Kristin Phillips-Hill | Republican | Yea |
| Lisa Baker | Republican | Yea |
| Michele Brooks | Republican | Yea |
| Patrick J. Stefano | Republican | Yea |
| Scott E. Hutchinson | Republican | Yea |
| Scott Martin | Republican | Yea |
| Wayne Langerholc | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 9 | 0 | 0 | 0 |
| Unaffiliated | 8 | 0 | 0 | 0 |
| Democratic | 6 | 0 | 0 | 1 |
| Total | 23 | 0 | 0 | 1 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (24)
| Member | Party | Vote |
|---|---|---|
| BLAKE | — | Yea |
| IOVINO | — | Yea |
| KILLION | — | Yea |
| MENSCH | — | Yea |
| SCAVELLO | — | Yea |
| BROWNE | — | Yea |
| CORMAN | — | Yea |
| SCARNATI | — | Yea |
| Art Haywood | Democratic | Yea |
| Jay Costa | Democratic | Not Voting |
| Judith L. Schwank | Democratic | Yea |
| Maria Collett | Democratic | Yea |
| Sharif Street | Democratic | Yea |
| Steven J. Santarsiero | Democratic | Yea |
| Vincent J. Hughes | Democratic | Yea |
| Daniel Laughlin | Republican | Yea |
| David G. Argall | Republican | Yea |
| Elder A. Vogel | Republican | Yea |
| Gene Yaw | Republican | Yea |
| Joe Pittman | Republican | Yea |
| Kristin Phillips-Hill | Republican | Yea |
| Patrick J. Stefano | Republican | Yea |
| Scott Martin | Republican | Yea |
| Wayne Langerholc | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 4 | 0 | 0 | 0 |
| Democratic | 3 | 0 | 0 | 0 |
| Unaffiliated | 7 | 0 | 0 | 0 |
| Total | 14 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| DINNIMAN | — | Yea |
| FARNESE | — | Yea |
| GORDNER | — | Yea |
| KILLION | — | Yea |
| REGAN | — | Yea |
| SCAVELLO | — | Yea |
| SCARNATI | — | Yea |
| Lisa M. Boscola | Democratic | Yea |
| Maria Collett | Democratic | Yea |
| Steven J. Santarsiero | Democratic | Yea |
| Judy Ward | Republican | Yea |
| Kathleen C. Tomlinson | Republican | Yea |
| Kim L. Ward | Republican | Yea |
| Lisa Baker | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 83 | 7 | 0 | 3 |
| Republican | 40 | 15 | 0 | 1 |
| Democratic | 53 | 0 | 0 | 1 |
| Total | 176 | 22 | 0 | 5 |
| % of votes cast | 87% | 11% | 0% | 2% |
How each member voted (203)
| Member | Party | Vote |
|---|---|---|
| BARRAR | — | Yea |
| BOBACK | — | Yea |
| BROWN | — | Yea |
| COX | — | Yea |
| DIGIROLAMO | — | Yea |
| DOWLING | — | Nay |
| DUNBAR | — | Nay |
| EVERETT | — | Yea |
| GABLER | — | Yea |
| GILLESPIE | — | Yea |
| GREGORY | — | Yea |
| HAHN | — | Yea |
| HELM | — | Yea |
| HENNESSEY | — | Yea |
| HERSHEY | — | Yea |
| HICKERNELL | — | Yea |
| JONES | — | Yea |
| JOZWIAK | — | Yea |
| KAUFER | — | Yea |
| KELLER | — | Yea |
| KNOWLES | — | Yea |
| LEWIS | — | Nay |
| MARSHALL | — | Yea |
| MASSER | — | Yea |
| METCALFE | — | Nay |
| MILLARD | — | Yea |
| MIZGORSKI | — | Yea |
| MURT | — | Yea |
| NELSON | — | Nay |
| NESBIT | — | Yea |
| OBERLANDER | — | Yea |
| PEIFER | — | Yea |
| POLINCHOCK | — | Yea |
| PUSKARIC | — | Yea |
| PYLE | — | Yea |
| QUINN | — | Not Voting |
| REESE | — | Yea |
| RYAN | — | Nay |
| SANKEY | — | Yea |
| SAYLOR | — | Yea |
| SCHEMEL | — | Nay |
| SCHROEDER | — | Yea |
| SIMMONS | — | Yea |
| SONNEY | — | Yea |
| STEPHENS | — | Yea |
| THOMAS | — | Yea |
| TOBASH | — | Yea |
| TOEPEL | — | Yea |
| TOOHIL | — | Yea |
| WHEELAND | — | Yea |
| BOYLE | — | Yea |
| BULLOCK | — | Yea |
| CALTAGIRONE | — | Yea |
| CRUZ | — | Not Voting |
| DELISSIO | — | Yea |
| DELUCA | — | Yea |
| DERMODY | — | Yea |
| DONATUCCI | — | Yea |
| DRISCOLL | — | Yea |
| EVANS | — | Yea |
| FITZGERALD | — | Yea |
| GAINEY | — | Yea |
| GALLOWAY | — | Yea |
| GOODMAN | — | Yea |
| HARRELL | — | Yea |
| HARRIS | — | Yea |
| INNAMORATO | — | Not Voting |
| KINSEY | — | Yea |
| KIRKLAND | — | Yea |
| KORTZ | — | Yea |
| LEE | — | Yea |
| LONGIETTI | — | Yea |
| MCCARTER | — | Yea |
| MULLERY | — | Yea |
| PETRARCA | — | Yea |
| RAVENSTAHL | — | Yea |
| READSHAW | — | Yea |
| ROEBUCK | — | Yea |
| ROZZI | — | Yea |
| SAINATO | — | Yea |
| SIMS | — | Yea |
| SNYDER | — | Yea |
| STURLA | — | Yea |
| ULLMAN | — | Yea |
| WHEATLEY | — | Yea |
| WILLIAMS | — | Yea |
| YOUNGBLOOD | — | Yea |
| ZABEL | — | Yea |
| TURZAI | — | Yea |
| Dan Miller | — | Yea |
| Louis Schmitt | — | Yea |
| Seth Grove | — | Yea |
| Torren Ecker | — | Yea |
| Andre D. Carroll | Democratic | Yea |
| Anita Astorino Kulik | Democratic | Yea |
| Benjamin V. Sanchez | Democratic | Yea |
| Brandon J. Markosek | Democratic | Yea |
| Bridget M. Kosierowski | Democratic | Yea |
| Carolyn T. Comitta | Democratic | Yea |
| Christina D. Sappey | Democratic | Yea |
| Christopher M. Rabb | Democratic | Yea |
| Dan Frankel | Democratic | Yea |
| Daniel J. Deasy | Democratic | Yea |
| Danielle Friel Otten | Democratic | Yea |
| Danilo Burgos | Democratic | Yea |
| David M. Delloso | Democratic | Yea |
| Ed Neilson | Democratic | Yea |
| Eddie Day Pashinski | Democratic | Yea |
| Elizabeth Fiedler | Democratic | Yea |
| Frank Burns | Democratic | Yea |
| Greg Vitali | Democratic | Yea |
| Jared G. Solomon | Democratic | Yea |
| Jason Dawkins | Democratic | Yea |
| Jeanne McNeill | Democratic | Yea |
| Jennifer O'Mara | Democratic | Yea |
| Joanna E. McClinton | Democratic | Yea |
| Joe Ciresi | Democratic | Yea |
| Joe Webster | Democratic | Yea |
| Joseph C. Hohenstein | Democratic | Yea |
| Kristine C. Howard | Democratic | Yea |
| Kyle J. Mullins | Democratic | Yea |
| Leanne Krueger | Democratic | Yea |
| Liz Hanbidge | Democratic | Yea |
| Malcolm Kenyatta | Democratic | Yea |
| Marty Flynn | Democratic | Yea |
| Mary Jo Daley | Democratic | Yea |
| MaryLouise Isaacson | Democratic | Yea |
| Matthew D. Bradford | Democratic | Yea |
| Maureen E. Madden | Democratic | Yea |
| Melissa L. Shusterman | Democratic | Yea |
| Michael H. Schlossberg | Democratic | Yea |
| Morgan Cephas | Democratic | Yea |
| Nathan Davidson | Democratic | Yea |
| Patrick J. Harkins | Democratic | Yea |
| Patty Kim | Democratic | Yea |
| Perry S. Warren | Democratic | Yea |
| Peter Schweyer | Democratic | Yea |
| Robert E. Merski | Democratic | Yea |
| Robert F. Matzie | Democratic | Not Voting |
| Robert Freeman | Democratic | Yea |
| Ryan A. Bizzarro | Democratic | Yea |
| Scott Conklin | Democratic | Yea |
| Steve Samuelson | Democratic | Yea |
| Steven R. Malagari | Democratic | Yea |
| Tim Briggs | Democratic | Yea |
| Tina M. Davis | Democratic | Yea |
| Tina M. Davis | Democratic | Yea |
| Aaron Bernstine | Republican | Yea |
| Barbara Gleim | Republican | Yea |
| Brad Roae | Republican | Nay |
| Brett R. Miller | Republican | Yea |
| Bryan Cutler | Republican | Yea |
| Bud Cook | Republican | Yea |
| Carl Walker Metzgar | Republican | Yea |
| Clint Owlett | Republican | Yea |
| Craig T. Staats | Republican | Yea |
| Cris Dush | Republican | Nay |
| Dan Moul | Republican | Nay |
| David H. Rowe | Republican | Nay |
| David H. Zimmerman | Republican | Yea |
| David M. Maloney | Republican | Yea |
| Dawn W. Keefer | Republican | Nay |
| Doyle Heffley | Republican | Yea |
| Frank A. Farry | Republican | Yea |
| Gary W. Day | Republican | Yea |
| Greg Rothman | Republican | Yea |
| Jack Rader | Republican | Yea |
| James B. Struzzi | Republican | Yea |
| Jamie Walsh | Republican | Nay |
| Jason Ortitay | Republican | Yea |
| Jesse Topper | Republican | Yea |
| Jim Rigby | Republican | Yea |
| Joe Emrick | Republican | Yea |
| John A. Lawrence | Republican | Yea |
| Jonathan Fritz | Republican | Yea |
| Joshua D. Kail | Republican | Yea |
| Kate A. Klunk | Republican | Yea |
| Kathy L. Rapp | Republican | Nay |
| Keith J. Greiner | Republican | Yea |
| Kerry A. Benninghoff | Republican | Yea |
| Lynda Schlegel Culver | Republican | Yea |
| Marci Mustello | Republican | Yea |
| Mark M. Gillen | Republican | Nay |
| Martin T. Causer | Republican | Nay |
| Martina A. White | Republican | Yea |
| Michele Brooks | Republican | Yea |
| Milou Mackenzie | Republican | Yea |
| Mindy Fee | Republican | Yea |
| Natalie Mihalek | Republican | Yea |
| Parke Wentling | Republican | Nay |
| R. Lee James | Republican | Nay |
| Rich Irvin | Republican | Yea |
| Rob W. Kauffman | Republican | Nay |
| Russ Diamond | Republican | Nay |
| Ryan Warner | Republican | Nay |
| Sheryl M. Delozier | Republican | Yea |
| Stephanie Borowicz | Republican | Nay |
| Steven C. Mentzer | Republican | Yea |
| Thomas L. Mehaffie | Republican | Yea |
| Timothy J. O'Neal | Republican | Yea |
| Tina Pickett | Republican | Yea |
| Valerie S. Gaydos | Republican | Yea |
| Zachary Mako | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 91 | 1 | 0 | 1 |
| Republican | 54 | 1 | 0 | 1 |
| Democratic | 54 | 0 | 0 | 0 |
| Total | 199 | 2 | 0 | 2 |
| % of votes cast | 98% | 1% | 0% | 1% |
How each member voted (203)
| Member | Party | Vote |
|---|---|---|
| BARRAR | — | Yea |
| BOBACK | — | Yea |
| BROWN | — | Yea |
| COX | — | Yea |
| DIGIROLAMO | — | Yea |
| DOWLING | — | Yea |
| DUNBAR | — | Yea |
| EVERETT | — | Yea |
| GABLER | — | Yea |
| GILLESPIE | — | Yea |
| GREGORY | — | Yea |
| HAHN | — | Yea |
| HELM | — | Yea |
| HENNESSEY | — | Yea |
| HERSHEY | — | Yea |
| HICKERNELL | — | Yea |
| JONES | — | Yea |
| JOZWIAK | — | Yea |
| KAUFER | — | Yea |
| KELLER | — | Yea |
| KNOWLES | — | Yea |
| LEWIS | — | Yea |
| MARSHALL | — | Yea |
| MASSER | — | Yea |
| METCALFE | — | Nay |
| MILLARD | — | Yea |
| MIZGORSKI | — | Yea |
| MURT | — | Yea |
| NELSON | — | Yea |
| NESBIT | — | Yea |
| OBERLANDER | — | Yea |
| PEIFER | — | Yea |
| POLINCHOCK | — | Yea |
| PUSKARIC | — | Yea |
| PYLE | — | Yea |
| QUINN | — | Not Voting |
| REESE | — | Yea |
| RYAN | — | Yea |
| SANKEY | — | Yea |
| SAYLOR | — | Yea |
| SCHEMEL | — | Yea |
| SCHROEDER | — | Yea |
| SIMMONS | — | Yea |
| SONNEY | — | Yea |
| STEPHENS | — | Yea |
| THOMAS | — | Yea |
| TOBASH | — | Yea |
| TOEPEL | — | Yea |
| TOOHIL | — | Yea |
| WHEELAND | — | Yea |
| BOYLE | — | Yea |
| BULLOCK | — | Yea |
| CALTAGIRONE | — | Yea |
| CRUZ | — | Yea |
| DELISSIO | — | Yea |
| DELUCA | — | Yea |
| DERMODY | — | Yea |
| DONATUCCI | — | Yea |
| DRISCOLL | — | Yea |
| EVANS | — | Yea |
| FITZGERALD | — | Yea |
| GAINEY | — | Yea |
| GALLOWAY | — | Yea |
| GOODMAN | — | Yea |
| HARRELL | — | Yea |
| HARRIS | — | Yea |
| INNAMORATO | — | Yea |
| KINSEY | — | Yea |
| KIRKLAND | — | Yea |
| KORTZ | — | Yea |
| LEE | — | Yea |
| LONGIETTI | — | Yea |
| MCCARTER | — | Yea |
| MULLERY | — | Yea |
| PETRARCA | — | Yea |
| RAVENSTAHL | — | Yea |
| READSHAW | — | Yea |
| ROEBUCK | — | Yea |
| ROZZI | — | Yea |
| SAINATO | — | Yea |
| SIMS | — | Yea |
| SNYDER | — | Yea |
| STURLA | — | Yea |
| ULLMAN | — | Yea |
| WHEATLEY | — | Yea |
| WILLIAMS | — | Yea |
| YOUNGBLOOD | — | Yea |
| ZABEL | — | Yea |
| TURZAI | — | Yea |
| Dan Miller | — | Yea |
| Louis Schmitt | — | Yea |
| Seth Grove | — | Yea |
| Torren Ecker | — | Yea |
| Andre D. Carroll | Democratic | Yea |
| Anita Astorino Kulik | Democratic | Yea |
| Benjamin V. Sanchez | Democratic | Yea |
| Brandon J. Markosek | Democratic | Yea |
| Bridget M. Kosierowski | Democratic | Yea |
| Carolyn T. Comitta | Democratic | Yea |
| Christina D. Sappey | Democratic | Yea |
| Christopher M. Rabb | Democratic | Yea |
| Dan Frankel | Democratic | Yea |
| Daniel J. Deasy | Democratic | Yea |
| Danielle Friel Otten | Democratic | Yea |
| Danilo Burgos | Democratic | Yea |
| David M. Delloso | Democratic | Yea |
| Ed Neilson | Democratic | Yea |
| Eddie Day Pashinski | Democratic | Yea |
| Elizabeth Fiedler | Democratic | Yea |
| Frank Burns | Democratic | Yea |
| Greg Vitali | Democratic | Yea |
| Jared G. Solomon | Democratic | Yea |
| Jason Dawkins | Democratic | Yea |
| Jeanne McNeill | Democratic | Yea |
| Jennifer O'Mara | Democratic | Yea |
| Joanna E. McClinton | Democratic | Yea |
| Joe Ciresi | Democratic | Yea |
| Joe Webster | Democratic | Yea |
| Joseph C. Hohenstein | Democratic | Yea |
| Kristine C. Howard | Democratic | Yea |
| Kyle J. Mullins | Democratic | Yea |
| Leanne Krueger | Democratic | Yea |
| Liz Hanbidge | Democratic | Yea |
| Malcolm Kenyatta | Democratic | Yea |
| Marty Flynn | Democratic | Yea |
| Mary Jo Daley | Democratic | Yea |
| MaryLouise Isaacson | Democratic | Yea |
| Matthew D. Bradford | Democratic | Yea |
| Maureen E. Madden | Democratic | Yea |
| Melissa L. Shusterman | Democratic | Yea |
| Michael H. Schlossberg | Democratic | Yea |
| Morgan Cephas | Democratic | Yea |
| Nathan Davidson | Democratic | Yea |
| Patrick J. Harkins | Democratic | Yea |
| Patty Kim | Democratic | Yea |
| Perry S. Warren | Democratic | Yea |
| Peter Schweyer | Democratic | Yea |
| Robert E. Merski | Democratic | Yea |
| Robert F. Matzie | Democratic | Yea |
| Robert Freeman | Democratic | Yea |
| Ryan A. Bizzarro | Democratic | Yea |
| Scott Conklin | Democratic | Yea |
| Steve Samuelson | Democratic | Yea |
| Steven R. Malagari | Democratic | Yea |
| Tim Briggs | Democratic | Yea |
| Tina M. Davis | Democratic | Yea |
| Tina M. Davis | Democratic | Yea |
| Aaron Bernstine | Republican | Yea |
| Barbara Gleim | Republican | Yea |
| Brad Roae | Republican | Yea |
| Brett R. Miller | Republican | Yea |
| Bryan Cutler | Republican | Yea |
| Bud Cook | Republican | Yea |
| Carl Walker Metzgar | Republican | Yea |
| Clint Owlett | Republican | Yea |
| Craig T. Staats | Republican | Yea |
| Cris Dush | Republican | Yea |
| Dan Moul | Republican | Yea |
| David H. Rowe | Republican | Yea |
| David H. Zimmerman | Republican | Yea |
| David M. Maloney | Republican | Yea |
| Dawn W. Keefer | Republican | Yea |
| Doyle Heffley | Republican | Yea |
| Frank A. Farry | Republican | Yea |
| Gary W. Day | Republican | Yea |
| Greg Rothman | Republican | Yea |
| Jack Rader | Republican | Yea |
| James B. Struzzi | Republican | Yea |
| Jamie Walsh | Republican | Yea |
| Jason Ortitay | Republican | Yea |
| Jesse Topper | Republican | Yea |
| Jim Rigby | Republican | Yea |
| Joe Emrick | Republican | Yea |
| John A. Lawrence | Republican | Yea |
| Jonathan Fritz | Republican | Yea |
| Joshua D. Kail | Republican | Yea |
| Kate A. Klunk | Republican | Yea |
| Kathy L. Rapp | Republican | Yea |
| Keith J. Greiner | Republican | Yea |
| Kerry A. Benninghoff | Republican | Yea |
| Lynda Schlegel Culver | Republican | Yea |
| Marci Mustello | Republican | Yea |
| Mark M. Gillen | Republican | Nay |
| Martin T. Causer | Republican | Yea |
| Martina A. White | Republican | Yea |
| Michele Brooks | Republican | Yea |
| Milou Mackenzie | Republican | Yea |
| Mindy Fee | Republican | Yea |
| Natalie Mihalek | Republican | Yea |
| Parke Wentling | Republican | Yea |
| R. Lee James | Republican | Yea |
| Rich Irvin | Republican | Yea |
| Rob W. Kauffman | Republican | Yea |
| Russ Diamond | Republican | Yea |
| Ryan Warner | Republican | Yea |
| Sheryl M. Delozier | Republican | Yea |
| Stephanie Borowicz | Republican | Yea |
| Steven C. Mentzer | Republican | Yea |
| Thomas L. Mehaffie | Republican | Yea |
| Timothy J. O'Neal | Republican | Yea |
| Tina Pickett | Republican | Yea |
| Valerie S. Gaydos | Republican | Yea |
| Zachary Mako | Republican | Not Voting |
Subjects
Frequently asked questions
- Who sponsors HB 21?
- HB 21 is sponsored by Brandon J. Markosek (Democratic), Jeanne McNeill (Democratic), Milou Mackenzie (Republican), Tina M. Davis (Democratic), Helm, Kortz, Barrar, Boback, Brown, Caltagirone, Joe Ciresi (Democratic), Deluca, Mark M. Gillen (Republican), Goodman, Carol Hill-Evans (Democratic), Rich Irvin (Republican), Robert F. Matzie (Democratic), Thomas L. Mehaffie (Republican), Millard, Mizgorski, Murt, Ed Neilson (Democratic), Polinchock, Ravenstahl, Readshaw, Saylor, James B. Struzzi (Republican), Perry S. Warren (Democratic), Joe Webster (Democratic), Dan Moul (Republican), Kyle J. Mullins (Democratic), and Barry Jozwiak.
- What is the current status of HB 21?
- This bill died with 2019-2020 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 21?
- Track HB 21 free on One Click Politics — get push/email alerts when it moves.
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