PRINTER'S NO. 3570
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2412
Session of
2020
INTRODUCED BY POLINCHOCK, CIRESI, BARRAR, SCHLEGEL CULVER,
ECKER, JAMES, JONES, KAUFFMAN, KULIK, MACKENZIE, MALAGARI,
MEHAFFIE, MIHALEK, O'MARA, PUSKARIC, ROTHMAN, ROWE, RYAN,
SCHMITT, STAATS, STEPHENS, STRUZZI AND TOEPEL, APRIL 16, 2020
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 16, 2020
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for judicial administration; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," providing for emergency COVID-19 provisions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 9, 1929 (P.L.177, No.175), known
as The Administrative Code of 1929, is amended by adding an
article to read:
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ARTICLE I-A
EMERGENCY COVID-19 PROVISIONS
Section 101-A. Extension of waiver provisions.
(a) General rule.--The Secretary of Community and Economic
Development shall immediately issue a waiver to the Governor's
20200319 TWW COVID-19 Business Closure Order to:
(1) all real estate activities of brokers, salespersons
and licensees as those terms are defined under the act of
February 19, 1980 (P.L.15, No.9), known as the Real Estate
Licensing and Registration Act, that involve the following:
(i) meetings by licensees, under the supervision of
their brokers, with prospective home buyers and tenants,
when necessary, at residences currently listed for sale
in a public forum for the purposes of facilitating a sale
of real estate, which meetings may include virtual walk-
throughs where the licensees are alone and using a
digital tool to relay the home details to the prospective
buyers or tenants;
(ii) designations by a broker of one essential,
nonlicensed employee to enter the brokerage for the
purpose of collecting contracts, addenda, deposits, rent
or other items necessary to facilitate real estate
transactions; and
(iii) entering, by licensees and an individual named
as a party to the contract, of properties that are within
72 hours of settlement for the purposes of evaluating
requested repairs negotiated between the parties to the
contract;
(2) activities of residential home inspection providers,
including ancillary inspectors of wood infestation, radon
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levels, water contamination and on-lot sewage functionality,
to enter, individually and separately, properties currently
listed for sale by a broker, under the supervision of the
broker;
(3) activities of real estate professionals and video or
virtual tour creators and other professionals serving the
public need for real estate information, while obeying the
Governor's order to enter a residence for which a broker has
a signed contract to provide real estate service, including
allowing for one-time collection of digital media under the
broker's supervision; and
(4) activities of settlement service providers, working
in conjunction with a broker, to designate essential
employees for the purpose of executing mortgage documents,
transferring deeds and other necessary documents in person
that can adhere to the social distancing practices and other
mitigation measures defined by the Centers for Disease
Control and Prevention to protect workers and to mitigate the
spread of the COVID-19 virus.
(b) Other real estate actions.--Until the proclamation of
disaster emergency issued by the Governor on March 6, 2020,
published at 50 Pa.B. 1644 (March 21, 2020), and any renewal of
the state of disaster emergency, is terminated or expires under
35 Pa.C.S. ยง 7301(c) (relating to general authority of
Governor):
(1) Municipal use and occupancy or code enforcement
actions by a municipality under law shall be suspended, or
conditionally granted, if the municipality has not made
alternate provisions for facilitating the grant of a
certificate of occupancy during the proclamation.
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(2) Taxing authorities and public utilities shall
provide alternative means for residential home buyers or
title insurers to ascertain the current status of tax
payments or overdue utility obligations.
(c) Enforcement.--The State Real Estate Commission of the
Commonwealth shall enforce compliance with the provisions of
subsection (a)(1).
Section 2. This act shall take effect immediately.
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