HB 1032 — An Act amending the act of July 10, 1990 (P.L.404, No.98), known as the Real Estate Appraisers Certification Act, further providing for definitions and for State Board of Certified Real Estate Appraisers.

SENATE AMENDED PRINTER'S NO.

3905 PRIOR PRINTER'S NO.

1032 2019 INTRODUCED BY JAMES, MOUL, EVERETT, FREEMAN,FREEMAN SAPPEY AND KORTZ,SAPPEY, APRIL 5, 2019 SENATORREFERRED TOMLINSON,TO CONSUMERCOMMITTEE PROTECTIONON ANDLOCAL PROFESSIONALGOVERNMENT, LICENSURE,APRIL IN5, SENATE,2019 AS AMENDED, JUNE 9, 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;

appropriation," further providing for definitionssanctions and forpenalties; State Board of Certified Real Estate Appraisers.

and making an appropriation," further providing for definitions and for State Board of Certified Real Estate Appraisers.

"Professional member." A certified Pennsylvania evaluator or <-- a State-certified real estate appraiser.

"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 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.

(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 INSPECTOR." AN INDIVIDUAL WHO PERFORMS HOME INSPECTIONS.

THE TERM DOES NOT INCLUDE AN INDIVIDUAL LICENSED 20190HB1032PN3905 - 2 - 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.

(4) [Eight] Ten 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].

Six of [whom] the members shall be [persons who are] State-certified real 20190HB1032PN3905 - 3 - estate appraisers[.], two of the members shall be certified Pennsylvania evaluators and two of the members shall be public members.

(4)(b) [EIGHTTerm MEMBERSof WHOoffice.--The AREprofessional CITIZENSand OFpublic THEmembers UNITEDshall STATESserve <--four-year ANDterms, WHOexcept HAVEas BEENprovided RESIDENTSin OFsubsection THIS(c) COMMONWEALTHor FOR(c.1), Aand TWO-shall YEARbe PERIODappointed IMMEDIATELYby PRIORthe TOGovernor APPOINTMENT,by TWOand OFwith WHOMthe SHALLadvice BEand PUBLICconsent MEMBERSof ANDa SIXmajority OFof WHOMthe SHALLmembers BEelected PERSONSto WHOthe ARESenate. STATE-CERTIFIED REAL ESTATE APPRAISERS.] AS FOLLOWS:

(I)* FOURTEEN* MEMBERS* WHO20190HB1032PN1204 ARE- CITIZENS2 OF- THE(c.1) UNITEDInitial STATESappointments ANDof WHOcertified HAVEPennsylvania BEENevaluators.--Within RESIDENTS90 OFdays THISof COMMONWEALTHthe FOReffective Adate TWO-YEARof PERIODthis IMMEDIATELYsubsection, PRIORthe TOGovernor APPOINTMENTshall ASnominate FOLLOWS:one certified Pennsylvania evaluator to serve a two-year term and one certified Pennsylvania evaluator to serve a four-year term.

(A) EIGHT OF THE MEMBERS SHALL BE STATE- CERTIFIED REAL ESTATE APPRAISERS.

(B) TWO OF THE MEMBERS SHALL BE CERTIFIED PENNSYLVANIA EVALUATORS.

(C) TWO OF THE MEMBERS SHALL BE PUBLIC MEMBERS.

(D) TWO OF THE MEMBERS SHALL BE LICENSED HOME INSPECTORS.

(E) TWO OF THE MEMBERS SHALL BE UNLICENSED HOME INSPECTORS.

THIS SUBPARAGRAPH SHALL EXPIRE ON THE EFFECTIVE DATE OF CLAUSE (D).

(II) IF A MEMBER IS QUALIFIED IN MORE THAN ONE PROFESSION SPECIFIED IN THIS PARAGRAPH, THE APPOINTMENT SHALL SPECIFY IN WHICH CAPACITY THE MEMBER IS APPOINTED.

(b) Term of office.--The professional and public members 20190HB1032PN3905 - 4 - 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.