PRIOR PRINTER'S NOS. 1207, 1544 PRINTER'S NO. 1625
No. 917 Session of 2005
INTRODUCED BY PILEGGI, ERICKSON, RAFFERTY, STOUT, LEMMOND,
PICCOLA, PIPPY, WAUGH, M. WHITE AND CORMAN, OCTOBER 11, 2005
AS AMENDED ON SECOND CONSIDERATION, MARCH 21, 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] real estate appraisers
16 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
20 real property [as] in accordance with the criteria
1 established by the Appraiser Qualifications Board of the
2 Appraisal Foundation required pursuant to the Financial
3 Institutions Reform, Recovery, and Enforcement Act of 1989
4 (Public Law 101-73, 103 Stat. 183).
5 (2) [General] Certified General Appraiser, which shall
6 consist of those persons applying for and granted
7 certification relating to the appraisal of both residential
8 and nonresidential real property without limitation [as] in
9 accordance with the criteria established by the Appraiser
10 Qualifications Board of the Appraisal Foundation required
11 pursuant to the Financial Institutions Reform, Recovery, and
12 Enforcement Act of 1989 (Public Law 101-73, 103 Stat. 183).
13 (3) Broker/appraiser, which shall consist of those
14 persons who, on the effective date of this act, are licensed
15 real estate brokers under the act of February 19, 1980
16 (P.L.15, No.9), known as the Real Estate Licensing and
17 Registration Act, and who, within two years of the effective
18 date of this act, make application to the board and are
19 granted without examination a broker/appraiser certificate. A
20 holder of a broker/appraiser certificate shall only be
21 permitted to perform those real property appraisals that were
22 permitted to be performed by a licensed real estate broker
23 under the Real Estate Licensing and Registration Act as of
24 the effective date of this act. A holder of a
25 broker/appraiser certificate is not authorized to perform
26 real estate appraisals pursuant to the Financial Institutions
27 Reform, Recovery, and Enforcement Act of 1989.
28 (4) Licensed Real Estate Appraiser, which shall consist
29 of those persons who meet the minimum requirements
30 recommended by the Appraiser Qualifications Board of the
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1 Appraisal Foundation with regard to licensed appraisers, as
2 prescribed by the board.
3 (b) Classification to be specified.--The application for
4 examination, original certification or license and renewal of
5 certification or license shall specify the classification being
6 applied for.
7 (c) Application.--An applicant for certification or license
8 as a certified OR LICENSED real estate appraiser shall submit a <--
9 written application on forms provided by the board. The
10 application and any and all documentation submitted with the
11 application shall be subscribed and sworn to before a notary
12 public. The applicant shall be held responsible for the
13 statements contained in the application. The making of a false
14 statement in an application may constitute a ground for
15 CERTIFICATION OR license denial or revocation. The application <--
16 shall evidence that:
17 (1) He or she is of good moral character.
18 (2) His or her application has been accompanied by the
19 application fee.
20 (d) Residential Appraiser certification.--As a prerequisite
21 to taking the examination for certification relating solely to
22 the appraisal of residential real property, an applicant shall,
23 in addition to meeting the requirements of subsection (c), meet
24 the minimum education and experience requirements established
25 pursuant to the Financial Institutions Reform, Recovery, and
26 Enforcement Act of 1989.
27 (e) General Appraiser certification.--As a prerequisite to
28 taking the examination for the general certification relating to
29 the appraisal of real property, an applicant shall, in addition
30 to meeting the requirements of subsection (c), meet the minimum
20050S0917B1625 - 3 -
1 education and experience requirements established pursuant to
2 the Financial Institutions Reform, Recovery, and Enforcement Act
3 of 1989.
4 (f) Definition of subjects.--The board shall prescribe and
5 define the subjects related to real property appraisal and the
6 experience in real property appraisal which will satisfy the
7 requirements of subsections (a), (d) [and (e)], (e) and (i). To
8 the extent permitted pursuant to the Financial Institutions
9 Reform, Recovery, and Enforcement Act of 1989 with regard to
10 certified appraisers, the board may give credit to an applicant
11 for classroom hours of academic experience successfully
12 completed prior to the board's prescription and definition of
13 subjects pursuant to this subsection.
14 (g) Examinations.--Examinations for certification or license
15 shall be selected in accordance with the Financial Institutions
16 Reform, Recovery, and Enforcement Act of 1989. Examinations
17 shall be prepared and administered by a qualified and approved
18 professional testing organization in accordance with section
19 812.1 of the act of April 9, 1929 (P.L.177, No.175), known as
20 The Administrative Code of 1929.
21 (i) Appraiser trainee license.--In addition to those
22 licenses provided in section 6(a), the board shall issue an
23 appraiser trainee license. Licenses shall be provided to those
24 persons who have met the educational requirements of the
25 Appraiser Qualifications Board of the Appraisal Foundation. A
26 license shall be issued to an individual without examination in
27 order for the individual to complete the experience requirement
28 for any other class of licensure. An appraiser trainee licensee
29 shall operate under the direct supervision of a licensed real
30 estate appraiser, pursuant to this act. The appraiser trainee
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1 duties shall be limited to those defined by the specific license
2 of that licensed real estate appraiser under this act.
3 (j) Appraisal license.--Nothing in this section shall
4 preclude a licensed real estate broker from also holding an
5 appraiser license.
6 (k) Transition rule.--All persons holding a broker/appraiser
7 certificate on the effective date of this subsection shall be
8 entitled to hold the certificate for the entire term and shall
9 be entitled and subject to the privileges and obligations which
10 accompany the certificate. No new broker/appraiser certificates
11 shall be awarded on or after the effective date of this
12 subsection.
13 Section 2. This act shall take effect in 60 days.
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