Pennsylvania Act 1996-71 — REAL ESTATE APPRAISERS CERTIFICATION ACT - AMEND

Act text

REAL ESTATE APPRAISERS CERTIFICATION ACT - AMEND
                  Act of Jul. 2, 1996, P.L. 460, No. 71               Cl. 63
                             Session of 1996
                               No. 1996-71

     SB 564

                                  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; specifying requirements for certification;
        providing for sanctions and penalties; and making an
        appropriation," further providing for certification, for
        applications, for qualifications, for disciplinary measures
        and for scope of practice; and making a repeal.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 3, 6(a) and (h), 11(a)(15) and 18 of the
     act of July 10, 1990 (P.L.404, No.98), known as the Real Estate
     Appraisers Certification Act, are amended to read:
      Section 3.  Real estate appraiser certification required.
        It shall be unlawful, on or after [July 1, 1991] January 1,
     1993, for any person to hold himself out as a State-certified
     real estate appraiser or to perform appraisals required by the
     Financial Institutions Reform, Recovery, and Enforcement Act of
     1989 (Public Law 101-73, 103 Stat. 183) to be performed by a
     State-certified or State-licensed real estate appraiser unless
     that person holds [a] an appropriate, current[,] and valid
     certification from the board to perform real estate appraisals.
     [The board shall postpone the prohibition on the performance of
     appraisals without certification from on or after July 1, 1991,
     to on or after a later date upon notice that such prohibition
     has been postponed pursuant to the Financial Institutions
     Reform, Recovery, and Enforcement Act of 1989. Nothing in this
     act shall prohibit a person who is licensed or exempted from
     licensure under the act of February 19, 1980 (P.L.15, No.9),
     known as the Real Estate Licensing and Registration Act, from
     performing a real property appraisal without being a State-
     certified real estate appraiser if that appraisal is not
     required by the Financial Institutions Reform, Recovery, and
     Enforcement Act of 1989 to be performed by a State-certified or
     a State-licensed real estate appraiser.] It shall be unlawful
     two years after the effective date of this act for any person to
     perform real estate appraisals in nonfederally related
     transactions unless that person holds a valid certificate from
     the board to perform real estate appraisals.
      Section 6.  Application and qualifications.
        (a)  Classes of certification.--There shall be [two] three
     classes of certification for certified real estate appraisers as
     follows:
            (1)  Residential, which shall consist of those persons
        applying for and granted certification relating solely to the
        appraisal of residential real property as required pursuant
        to the Financial Institutions Reform, Recovery, and
        Enforcement Act of 1989 (Public Law 101-73, 103 Stat. 183).
            (2)  General, which shall consist of those persons
        applying for and granted certification relating to the
        appraisal of both residential and nonresidential real
        property without limitation as required pursuant to the
        Financial Institutions Reform, Recovery, and Enforcement Act
        of 1989 (Public Law 101-73, 103 Stat. 183).
            (3)  Broker/appraiser, which shall consist of those
        persons who, on the effective date of this act, are licensed
        real estate brokers under the act of February 19, 1980
        (P.L.15, No.9), known as the Real Estate Licensing and
        Registration Act, and who, within two years of the effective
        date of this act, make application to the board and are
        granted without examination a broker/appraiser certificate. A
        holder of a broker/appraiser certificate shall only be
        permitted to perform those real property appraisals that were
        permitted to be performed by a licensed real estate broker
        under the Real Estate Licensing and Registration Act as of
        the effective date of this act. A holder of a
        broker/appraiser certificate is not authorized to perform
        real estate appraisals pursuant to the Financial Institutions
        Reform, Recovery, and Enforcement Act of 1989.
        * * *
        [(h)  Guidelines and regulations.--In order to facilitate the
     speedy implementation of this act, the board shall have the
     power and authority to promulgate, adopt and use guidelines to
     prescribe the education, experience, examination and other
     qualifications required for certification pursuant to this
     section. Such guidelines shall be published in the Pennsylvania
     Bulletin. The guidelines shall not be subject to review pursuant
     to section 205 of the act of July 31, 1968 (P.L.769, No.240),
     referred to as the Commonwealth Documents Law, sections 204(b)
     and 301(10) of the act of October 15, 1980 (P.L.950, No.164),
     known as the Commonwealth Attorneys Act, or the act of June 25,
     1982 (P.L.633, No.181), known as the Regulatory Review Act, and
     shall be effective for a period not to exceed two years from the
     effective date of this act. After the expiration of the two-year
     period, the guidelines shall expire and shall be replaced by
     regulations which shall have been promulgated, adopted and
     published as provided by law.]
      Section 11.  Disciplinary and corrective measures.
        (a)  Authority of board.--The board may deny, suspend or
     revoke certificates, or limit, restrict or reprimand a
     certificateholder for any of the following causes:
            * * *
            (15)  Having a license or certificate to perform
        appraisals 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 licensure or certification authority of
        another state, territory or country.
        * * *
      Section 18.  [State licensure requirements] Scope of practice.
        Persons who are certified as residential real estate
     appraisers and general real estate appraisers under this act
     [shall also be deemed to be State-licensed appraisers under the
     Financial Institutions Reform, Recovery, and Enforcement Act of
     1989 (Public Law 101-73, 103 Stat. 183).] shall also have
     authority to perform real estate appraisals in nonfederally
     related transactions appropriate to their certification
     classification. Brokers/appraisers shall continue to have
     authority to perform real estate appraisals in nonfederally
     related transactions.
        Section 2.  As much as reads "or appraises" in paragraph (3)
     of the definition of "broker" in section 201 of the act of
     February 19, 1980 (P.L.15, No.9), known as the Real Estate
     Licensing and Registration Act, is repealed two years after the
     effective date of this act.
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 2nd day of July, A. D. 1996.

     THOMAS J. RIDGE