2021 Pennsylvania Consolidated & Unconsolidated Statutes
Act 93 - JUDICIAL CODE (42 PA.C.S.) - ADDITIONAL SURCHARGE, REAL ESTATE APPRAISALS AND REPEAL

Session of 2021

No. 2021-93

HB 1255

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in facilities and supplies, providing for additional surcharge; in limitation of time, providing for real estate appraisals; and making a related repeal.

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

Section 1.  Title 42 of the Pennsylvania Consolidated Statutes is amended by adding sections to read:

§ 3733.2.  Additional surcharge.

(a)  Imposition.--In addition to the fees imposed under sections 3733(a.1) (relating to deposits into account) and 3733.1 (relating to surcharge) and section 1795.1-E of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, the following shall apply:

(1)  An additional surcharge of $10 shall be charged and collected by a division of the unified judicial system.

(2)  A surcharge of $11.25 shall be charged and collected by a division of the unified judicial system.

(3)  Notwithstanding section 1795.1-E(c)(3)(i) of The Fiscal Code, the surcharges under this subsection shall be deposited into the separate reserve account within the Judicial Computer System Augmentation Account. Notwithstanding section 3732 (relating to utilization of funds in account), money deposited under this subsection is appropriated to the Supreme Court, upon compliance with Article XV of The Fiscal Code, for the operation of the Judicial Department.

(b)  Applicability.--The provisions of section 3733.1(b) shall apply to subsection (a)(2).

(c)  Expiration.--This section shall expire June 30, 2022.

§ 5539.  Real estate appraisals.

(a)  General rule.--Except as provided under subsection (b), an action to recover damages against a real estate appraiser arising out of the appraiser's real estate appraisal activity shall be brought within five years after the date the appraisal was conducted.

(b)  Exception.--An action to recover damages against a real estate appraiser under subsection (a) may be filed more than five years after the date the appraisal was conducted if:

(1)  there is evidence of fraud or intentional misrepresentation on the part of the real estate appraiser; or

(2)  the appraisal was performed for a consumer as part of the purchase or sale of single-family residential real property not involving a lender.

Section 2.  The five-year period of repose under 42 Pa.C.S. § 5539 shall not apply to a cause of action which has accrued on or before the effective date of this section.

Section 2.1.  Repeals are as follows:

(1)  The General Assembly declares that the repeal under paragraph (2) is necessary to effectuate the addition of 42 Pa.C.S. § 3733.2.

(2)  Section 1795.1-E(b)(1) and (c)(1)(i) of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, are repealed.

Section 3.  This act shall take effect as follows:

(1)  The following provisions shall take effect immediately:

(i)  Section 2.1.

(ii)  This section.

(iii)  The addition of 42 Pa.C.S. § 3733.2.

(2)  The remainder of this act shall take effect in 60 days.

APPROVED--The 22nd day of December, A.D. 2021.

TOM WOLF