PRINTER'S NO. 1207
No. 917 Session of 2005
INTRODUCED BY PILEGGI, ERICKSON, RAFFERTY, STOUT, LEMMOND,
PICCOLA, PIPPY, WAUGH, M. WHITE AND CORMAN, OCTOBER 11, 2005
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
OCTOBER 11, 2005
AN ACT
1 Amending the act of July 10, 1990 (P.L.404, No.98), entitled "An
2 act providing for the certification of real estate
3 appraisers; specifying requirements for certification;
4 providing for sanctions and penalties; and making an
5 appropriation," further providing for application and
6 qualifications.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 6 of the act of July 10, 1990 (P.L.404,
10 No.98), known as the Real Estate Appraisers Certification Act,
11 amended July 2, 1996 (P.L.460, No.71) and October 18, 2000
12 (P.L.600, No.77), is amended to read:
13 Section 6. Application and qualifications.
14 (a) Classes of certification.--There shall be three classes
15 [of certification for certified] of licensed real estate
16 appraisers as follows:
17 (1) [Residential] Certified Residential Appraiser, which
18 shall consist of those persons applying for and granted
19 certification relating solely to the appraisal of residential
1 real property [as] in accordance with the criteria
2 established by the Appraiser Qualifications Board of the
3 Appraisal Foundation required pursuant to the Financial
4 Institutions Reform, Recovery, and Enforcement Act of 1989
5 (Public Law 101-73, 103 Stat. 183).
6 (2) [General] Certified General Appraiser, which shall
7 consist of those persons applying for and granted
8 certification relating to the appraisal of both residential
9 and nonresidential real property without limitation [as] in
10 accordance with the criteria established by the Appraiser
11 Qualifications Board of the Appraisal Foundation required
12 pursuant to the Financial Institutions Reform, Recovery, and
13 Enforcement Act of 1989 (Public Law 101-73, 103 Stat. 183).
14 (3) Broker/appraiser, which shall consist of those
15 persons who, on the effective date of this act, are licensed
16 real estate brokers under the act of February 19, 1980
17 (P.L.15, No.9), known as the Real Estate Licensing and
18 Registration Act, and who, within two years of the effective
19 date of this act, make application to the board and are
20 granted without examination a broker/appraiser certificate. A
21 holder of a broker/appraiser certificate shall only be
22 permitted to perform those real property appraisals that were
23 permitted to be performed by a licensed real estate broker
24 under the Real Estate Licensing and Registration Act as of
25 the effective date of this act. A holder of a
26 broker/appraiser certificate is not authorized to perform
27 real estate appraisals pursuant to the Financial Institutions
28 Reform, Recovery, and Enforcement Act of 1989.
29 (3.1) All persons holding a broker/appraiser certificate
30 on the effective date of this paragraph shall be entitled to
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1 hold the certificate for the entire term and shall be
2 entitled and subject to the privileges and obligations which
3 accompany the certificate. No new broker/appraiser
4 certificates shall be awarded on or after the effective date
5 of this paragraph.
6 (4) Licensed Real Estate Appraiser, which shall consist
7 of those persons who meet, at a minimum, the requirements
8 recommended by the Appraiser Qualifications Board of the
9 Appraisal Foundation with regard to licensed appraisers.
10 (5) Appraiser trainee, which shall consist of those
11 persons who have met the educational requirements of the
12 Appraiser Qualifications Board of the Appraisal Foundation
13 and have been issued a trainee license to complete the
14 experience requirements for any other class of licensure
15 under this section. An appraiser trainee shall operate under
16 the direct supervision of an appraiser licensed under this
17 section, and the scope of practice of the trainee shall be
18 the same as that of the supervising appraiser.
19 (b) Classification to be specified.--The application for
20 examination, original certification and renewal of certification
21 shall specify the classification being applied for.
22 (c) Application.--An applicant for certification as a
23 certified real estate appraiser shall submit a written
24 application on forms provided by the board. The application and
25 any and all documentation submitted with the application shall
26 be subscribed and sworn to before a notary public. The applicant
27 shall be held responsible for the statements contained in the
28 application. The making of a false statement in an application
29 may constitute a ground for license denial or revocation. The
30 application shall evidence that:
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1 (1) He or she is of good moral character.
2 (2) His or her application has been accompanied by the
3 application fee.
4 (d) Residential Appraiser certification.--As a prerequisite
5 to taking the examination for certification relating solely to
6 the appraisal of residential real property, an applicant shall,
7 in addition to meeting the requirements of subsection (c), meet
8 the minimum education and experience requirements established
9 pursuant to the Financial Institutions Reform, Recovery, and
10 Enforcement Act of 1989.
11 (e) General Appraiser certification.--As a prerequisite to
12 taking the examination for the general certification relating to
13 the appraisal of real property, an applicant shall, in addition
14 to meeting the requirements of subsection (c), meet the minimum
15 education and experience requirements established pursuant to
16 the Financial Institutions Reform, Recovery, and Enforcement Act
17 of 1989.
18 (f) Definition of subjects.--The board shall prescribe and
19 define the subjects related to real property appraisal and the
20 experience in real property appraisal which will satisfy the
21 requirements of subsections (a), (d) and (e). To the extent
22 permitted pursuant to the Financial Institutions Reform,
23 Recovery, and Enforcement Act of 1989 with regard to certified
24 appraisers, the board may give credit to an applicant for
25 classroom hours of academic experience successfully completed
26 prior to the board's prescription and definition of subjects
27 pursuant to this subsection.
28 (g) Examinations.--Examinations for certification shall be
29 selected in accordance with the Financial Institutions Reform,
30 Recovery, and Enforcement Act of 1989. Examinations shall be
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1 prepared and administered by a qualified and approved
2 professional testing organization in accordance with section
3 812.1 of the act of April 9, 1929 (P.L.177, No.175), known as
4 The Administrative Code of 1929.
5 (h.1) Appraisal license.--Nothing in this section shall
6 preclude a licensed real estate broker from also holding an
7 appraiser license.
8 Section 2. This act shall take effect in 60 days.
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