Amendment vs bill House Amendment A02801 vs Printer's No. 4619

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SENATE AMENDED PRIOR PRINTER'S NOS.
H0021B0959A02801 AJM:CDM 09/17/19 #90 A02801 AMENDMENTS TO HOUSE BILL NO.
959, 2581, 2815, PRINTER'S NO.
21 Sponsor:
4619 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
REPRESENTATIVE HICKERNELL Printer's No.
21 2019 INTRODUCED BY HELM, KORTZ, BARRAR, BOBACK, BROWN, CALTAGIRONE, CIRESI, A.
959 Amend Bill, page 1, lines 1 through 17, by striking out all of said lines and inserting Amending the act of July 10, 1990 (P.L.404, No.98), entitled "An act providing for the certification of real estate appraisers;
DAVIS, T.
DAVIS, DeLUCA, GILLEN, GOODMAN, HILL- EVANS, IRVIN, MACKENZIE, MATZIE, McNEILL, MEHAFFIE, MILLARD, MIZGORSKI, MURT, NEILSON, POLINCHOCK, RAVENSTAHL, READSHAW, SAYLOR, STRUZZI, WARREN, WEBSTER, JOZWIAK, MOUL, MARKOSEK AND MULLINS, MARCH 18, 2019 AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 19, 2020 AN ACT Amending the act of July 10, 1990 (P.L.404, No.98), entitled "An act providing for the certification of real estate appraisers;
and making an definitions, for State Board of Certified Real Estateor Appraisers, for powers and duties of board and for application and qualifications;
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 and for conduct of home inspection;
providing for application and qualifications of home inspectors and home inspectors-in- training, for conduct of home inspection and for firm or corporation;
providing for remedies for home inspection services consumers, for home inspection related repeal.or home inspection reports;
providing for remedies for home inspection services consumers, for home inspection contracts and for home inspection reports;
and making a The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
and making a related repeal.
Section 1.
Amend Bill, page 1, lines 20 through 24;
pages 2 through 32, lines 1 through 30;
page 33, lines 1 through 14;
by striking out all of said lines on said pages and inserting Section 1.
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:
2019/90AJM/HB0021A02801 - 1 - 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:
* * * "Certified Pennsylvania evaluator." An individual who is certified under the act of April 16, 1992 (P.L.155, No.28), known as the Assessors Certification Act.
* * * "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.
"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.
20190HB0021PN4619 - 2 - (i) An examination of a single system or component of a residential dwelling, such as an electrical or plumbing system or roof.
(i) An examination of a single system or component of a residential dwelling, such as an electrical or plumbing system or roof.
(3) The act of March 1, 1974 (P.L.90, No.24), known as 20190HB0021PN4619 - 3 - the Pennsylvania Pesticide Control Act of 1973.
(3) The act of March 1, 1974 (P.L.90, No.24), known as the Pennsylvania Pesticide Control Act of 1973.
(5) The act of July 9, 1987 (P.L.238, No.43), known as the Radon Certification Act.
2019/90AJM/HB0021A02801 - 2 - (5) The act of July 9, 1987 (P.L.238, No.43), known as the Radon Certification Act.
Section 4(a) and (k) of the act are amended to, <-- (B) AND (K) OF THE ACT ARE AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO read:
Section 4(a) and (k) of the act are amended to read:
(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 20190HB0021PN4619 - 4 - 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 certified <-- Pennsylvania evaluator 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 this act for licensure as a home inspector.
(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 this act for licensure as a home inspector.
If a member is qualified in more than one profession specified in this paragraph, the appointment shall specify in which capacity the member is being appointed.
* * *] FOURTEEN 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.
EIGHT OF THE MEMBERS SHALL BE STATE-CERTIFIED REAL ESTATE APPRAISERS, TWO OF THE MEMBERS SHALL BE CERTIFIED PENNSYLVANIA EVALUATORS, TWO OF THE MEMBERS SHALL BE QUALIFIED HOME INSPECTORS AND TWO OF THE MEMBERS SHALL BE PUBLIC MEMBERS.
IF A MEMBER IS QUALIFIED IN MORE THAN ONE PROFESSION SPECIFIED IN THIS PARAGRAPH, THE APPOINTMENT SHALL SPECIFY IN WHICH CAPACITY THE MEMBER IS BEING APPOINTED.
(B) TERM OF OFFICE.--THE PROFESSIONAL AND PUBLIC MEMBERS SHALL SERVE FOUR-YEAR TERMS, EXCEPT AS PROVIDED IN SUBSECTION (C) OR (C.1), AND SHALL BE APPOINTED BY THE GOVERNOR BY AND WITH THE ADVICE AND CONSENT OF A MAJORITY OF THE MEMBERS ELECTED TO THE SENATE.
* * * (C.1) INITIAL APPOINTMENTS OF CERTIFIED PENNSYLVANIA EVALUATORS AND QUALIFIED HOME INSPECTORS.--WITHIN 90 DAYS OF THE 20190HB0021PN4619 - 5 - EFFECTIVE DATE OF THIS SUBSECTION, THE GOVERNOR SHALL NOMINATE ONE CERTIFIED PENNSYLVANIA EVALUATOR AND ONE QUALIFIED HOME INSPECTOR TO SERVE A TWO-YEAR TERM AND ONE CERTIFIED PENNSYLVANIA EVALUATOR AND ONE QUALIFIED HOME INSPECTOR TO SERVE A FOUR-YEAR TERM.
(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 REGISTRATION, certification or licensure to pass examinations <-- relating to their qualifications for REGISTRATION, <-- certification or licensure.
(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.
* * * 2019/90AJM/HB0021A02801 - 3 - (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, 20190HB0021PN4619 - 6 - certificates and licenses and for examinations.
* * * (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.
(1) The applicant is of good moral character (RESERVED).
(1) The applicant is of good moral character.
<-- (2) The applicant is at least 18 years of age.
(2) The applicant is at least 18 years of age.
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 20190HB0021PN4619 - 7 - Commonwealth.
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.
(8) There is no criminal history which would impede the applicant's eligibility, determined by the board based on the applicant's submission of the following:
(8) The applicant has not been convicted of a felony under the act of April 14, 1972 (P.L.233, No.64), known as 2019/90AJM/HB0021A02801 - 4 - 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) A report of the applicant's criminal history record information under 18 Pa.C.S.
(i) at least five years have elapsed from the date of conviction;
ยง 9121(b) (relating to general regulations).
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).
(ii) If the applicant has resided outside this Commonwealth for any time in the five years immediately preceding the date of application, a report to the board of Federal criminal identification and crime records under 28 U.S.C.
ยง 534(a)(4) (relating to acquisition, preservation, and exchange of identification records and information;
appointment of officials).
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20190HB0021PN4619 - 8 - (2) Meets the qualifications described in subsection (a) <-- (1), (2) (A)(2), (3), (6), (7) and (8).
(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:
(3) Submits proof satisfactory to the board that the applicant has:
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.
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.
(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, 20190HB0021PN4619 - 9 - 17.2 and 17.3 when performing a home inspection.
(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, 2019/90AJM/HB0021A02801 - 5 - 17.2 and 17.3 when performing a home inspection.
(1) The applicant is of good moral character (RESERVED).
(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.
(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.
20190HB0021PN4619 - 10 - (4) There is no criminal history which would impede the applicant's eligibility, determined by the board based on the applicant's submission of the following:
(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) A report of the applicant's criminal history record information under 18 Pa.C.S.
(i) at least five years have elapsed from the date of conviction;
ยง 9121(b).
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).
(ii) If the applicant has resided outside this Commonwealth for any time in the five years immediately preceding the date of application, a report to the board of Federal criminal identification and crime records under 28 U.S.C.
ยง 534(a)(4).
(1) A registration or licensing requirement for conducting home inspections.
(1) A registration or licensing requirement for 2019/90AJM/HB0021A02801 - 6 - conducting home inspections.
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 20190HB0021PN4619 - 11 - liability in the required amounts effective upon the issuance of the applicant's license to practice home inspection in this Commonwealth.
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.
73 (relating to seller disclosures) when the individual is acting under the individual's license, nor the obligations or immunities of an 20190HB0021PN4619 - 12 - individual certified under this act as a real estate appraiser when the individual is acting under the individual's license.
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.
(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 2019/90AJM/HB0021A02801 - 7 - inspector-in-training registration, without examination, to any person who meets the home inspector-in-training educational requirements set by the board.
(m) Definition.--As used in this section, the term <-- "convicted" includes a judgment, an admission of guilt or a plea of nolo contendere.
(m) Definition.--As used in this section, the term "convicted" includes a judgment, an admission of guilt or a plea of nolo contendere.
(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 20190HB0021PN4619 - 13 - 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.
(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.
* * * (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.
* * * 2019/90AJM/HB0021A02801 - 8 - (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 20190HB0021PN4619 - 14 - education courses in the field of home inspection during the immediately preceding two years as approved by the board.
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.
(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 20190HB0021PN4619 - 15 - licensure or renewal of registration, certification or licensure through any form of fraud or misrepresentation.
(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.
* * * (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.
* * * (15) Having a license or certificate to perform appraisals or home inspections suspended, revoked or refused by an appraisal licensure or certification authority of 2019/90AJM/HB0021A02801 - 9 - 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.
(1) Deny the application for registration, certification or licensure or for renewal of registration, certification or 20190HB0021PN4619 - 16 - licensure.
(1) Deny the application for registration, certification or licensure or for renewal of registration, certification or licensure.
Reinstatement of REGISTRATION, certificate or <-- license.
Reinstatement of certificate or license.
20190HB0021PN4619 - 17 - 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 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 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.
Any disciplinary action taken in any other state, territory or country shall be reported to the 2019/90AJM/HB0021A02801 - 10 - board on the biennial renewal application, or within 90 days of disposition, whichever is sooner.
* * * (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 20190HB0021PN4619 - 18 - 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.
* * * (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.
(a) Unfair Trade Practices and Consumer Protection Law.--The 20190HB0021PN4619 - 19 - 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.
(a) Unfair Trade Practices and Consumer Protection Law.--The 2019/90AJM/HB0021A02801 - 11 - 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.
(4) Accepting an engagement to perform a home inspection 20190HB0021PN4619 - 20 - 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.
(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.
(1) Signature of client.
(i) Signature of client.
(2) Scope of home inspection.
(ii) Scope of home inspection.
(3) Fee charged to client.
(iii) Fee charged to client.
(4) Contact information of home inspector.
2019/90AJM/HB0021A02801 - 12 - (iv) Contact information of home inspector.
(5) License number of home inspector.
(v) License number of home inspector.
(6) A statement explaining the confidentiality between the home inspector and the client.
(vi) A statement explaining the confidentiality between the home inspector and the client.
(1) A limitation on the liability of the home inspector 20190HB0021PN4619 - 21 - for gross negligence or willful misconduct.
(1) A limitation on the liability of the home inspector for gross negligence or willful misconduct.
20190HB0021PN4619 - 22 - (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.
(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.
(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.
(b) Delivery of report.--Except as otherwise required by this subsection or by law, a home inspector may not deliver a 2019/90AJM/HB0021A02801 - 13 - home inspection report to a person other than the client of the home inspector without the client's consent.
20190HB0021PN4619 - 23 - (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.
(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.
(iii) The amendment of section 4(a) AND (B) of the <-- act.
(iii) The amendment of section 4(a) of the act.
20190HB0021PN4619 - 24 -
2019/90AJM/HB0021A02801 - 14 -