PRIOR PRINTER'S NO. 1207 PRINTER'S NO. 1544
No. 917 Session of 2005
INTRODUCED BY PILEGGI, ERICKSON, RAFFERTY, STOUT, LEMMOND,
PICCOLA, PIPPY, WAUGH, M. WHITE AND CORMAN, OCTOBER 11, 2005
SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL
LICENSURE, AS AMENDED, MARCH 14, 2006
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] FOUR <--
15 classes [of [certification for certified] of licensed real <--
16 estate 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 THE MINIMUM <--
8 requirements recommended by the Appraiser Qualifications
9 Board of the Appraisal Foundation with regard to licensed
10 appraisers, AS PRESCRIBED BY THE BOARD. <--
11 (5) Appraiser trainee, which shall consist of those <--
12 persons who have met the educational requirements of the
13 Appraiser Qualifications Board of the Appraisal Foundation
14 and have been issued a trainee license to complete the
15 experience requirements for any other class of licensure
16 under this section. An appraiser trainee shall operate under
17 the direct supervision of an appraiser licensed under this
18 section, and the scope of practice of the trainee shall be
19 the same as that of the supervising appraiser.
20 (b) Classification to be specified.--The application for
21 examination, original certification OR LICENSE and renewal of <--
22 certification OR LICENSE shall specify the classification being <--
23 applied for.
24 (c) Application.--An applicant for certification OR LICENSE <--
25 as a certified real estate appraiser shall submit a written
26 application on forms provided by the board. The application and
27 any and all documentation submitted with the application shall
28 be subscribed and sworn to before a notary public. The applicant
29 shall be held responsible for the statements contained in the
30 application. The making of a false statement in an application
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1 may constitute a ground for license denial or revocation. The
2 application shall evidence that:
3 (1) He or she is of good moral character.
4 (2) His or her application has been accompanied by the
5 application fee.
6 (d) Residential Appraiser certification.--As a prerequisite
7 to taking the examination for certification relating solely to
8 the appraisal of residential real property, an applicant shall,
9 in addition to meeting the requirements of subsection (c), meet
10 the minimum education and experience requirements established
11 pursuant to the Financial Institutions Reform, Recovery, and
12 Enforcement Act of 1989.
13 (e) General Appraiser certification.--As a prerequisite to
14 taking the examination for the general certification relating to
15 the appraisal of real property, an applicant shall, in addition
16 to meeting the requirements of subsection (c), meet the minimum
17 education and experience requirements established pursuant to
18 the Financial Institutions Reform, Recovery, and Enforcement Act
19 of 1989.
20 (f) Definition of subjects.--The board shall prescribe and
21 define the subjects related to real property appraisal and the
22 experience in real property appraisal which will satisfy the
23 requirements of subsections (a), (d) [and (e)], (E) AND (I). To <--
24 the extent permitted pursuant to the Financial Institutions
25 Reform, Recovery, and Enforcement Act of 1989 with regard to
26 certified appraisers, the board may give credit to an applicant
27 for classroom hours of academic experience successfully
28 completed prior to the board's prescription and definition of
29 subjects pursuant to this subsection.
30 (g) Examinations.--Examinations for certification OR LICENSE <--
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1 shall be selected in accordance with the Financial Institutions
2 Reform, Recovery, and Enforcement Act of 1989. Examinations
3 shall be prepared and administered by a qualified and approved
4 professional testing organization in accordance with section
5 812.1 of the act of April 9, 1929 (P.L.177, No.175), known as
6 The Administrative Code of 1929.
7 (I) APPRAISER TRAINEE LICENSE.--IN ADDITION TO THOSE <--
8 LICENSES PROVIDED IN SECTION 6(A), THE BOARD SHALL ISSUE AN
9 APPRAISER TRAINEE LICENSE. LICENSES SHALL BE PROVIDED TO THOSE
10 PERSONS WHO HAVE MET THE EDUCATIONAL REQUIREMENTS OF THE
11 APPRAISER QUALIFICATIONS BOARD OF THE APPRAISAL FOUNDATION. A
12 LICENSE SHALL BE ISSUED TO AN INDIVIDUAL WITHOUT EXAMINATION IN
13 ORDER FOR THE INDIVIDUAL TO COMPLETE THE EXPERIENCE REQUIREMENT
14 FOR ANY OTHER CLASS OF LICENSURE. AN APPRAISER TRAINEE LICENSEE
15 SHALL OPERATE UNDER THE DIRECT SUPERVISION OF A LICENSED REAL
16 ESTATE APPRAISER, PURSUANT TO THIS ACT. THE APPRAISER TRAINEE
17 DUTIES SHALL BE LIMITED TO THOSE DEFINED BY THE SPECIFIC LICENSE
18 OF THAT LICENSED REAL ESTATE APPRAISER UNDER THIS ACT.
19 (h.1) (J) Appraisal license.--Nothing in this section shall <--
20 preclude a licensed real estate broker from also holding an
21 appraiser license.
22 (K) TRANSITION RULE.--ALL PERSONS HOLDING A BROKER/APPRAISER <--
23 CERTIFICATE ON THE EFFECTIVE DATE OF THIS SUBSECTION SHALL BE
24 ENTITLED TO HOLD THE CERTIFICATE FOR THE ENTIRE TERM AND SHALL
25 BE ENTITLED AND SUBJECT TO THE PRIVILEGES AND OBLIGATIONS WHICH
26 ACCOMPANY THE CERTIFICATE. NO NEW BROKER/APPRAISER CERTIFICATES
27 SHALL BE AWARDED ON OR AFTER THE EFFECTIVE DATE OF THIS
28 SUBSECTION.
29 Section 2. This act shall take effect in 60 days.
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