PRINTER'S NO. 1569
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1161
Session of
2024
INTRODUCED BY GEBHARD, FLYNN, PENNYCUICK, ROBINSON AND MILLER,
MAY 1, 2024
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MAY 1, 2024
AN ACT
Amending the act of December 22, 1983 (P.L.306, No.84), entitled
"An act providing for the State Board of Vehicle
Manufacturers, Dealers and Salespersons; and providing
penalties," in preliminary provisions, further providing for
definitions; in vehicles, further providing for grounds for
disciplinary proceedings and repealing provisions relating to
recreational vehicle shows, recreational vehicle off-premise
sales, recreational vehicle exhibitions and recreational
vehicle rallies and to off-premise sales, shows, exhibitions
or rallies on Sundays; and, in recreational vehicles, further
providing for definitions and for warranty obligations and
providing for recreational vehicle events and for
recreational vehicle events on Sundays.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "recreational vehicle show,"
"recreational vehicle off-premise sale," "recreational vehicle
exhibition" or "recreational vehicle rally" in section 102 of
the act of December 22, 1983 (P.L.306, No.84), known as the
Board of Vehicles Act, is amended to read:
Section 102. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
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context clearly indicates otherwise:
* * *
["Recreational vehicle show," "recreational vehicle off-
premise sale," "recreational vehicle exhibition" or
"recreational vehicle rally." A sale, show, exhibition or
rally, held by one or more recreational vehicle dealers,
distributors, manufacturers or manufacturers' representatives
who display, sell or attempt to sell recreational vehicles for a
fixed and limited period of time, which shall not exceed ten
days in a calendar month, 20 days in three consecutive calendar
months and 60 days in a calendar year. Set-up and tear-down days
and days when the events are not open shall be excluded from the
calculation of the applicable time period.]
* * *
Section 2. Section 318(40) of the act is amended to read:
Section 318. Grounds for disciplinary proceedings.
In addition to any criminal or civil penalties otherwise
provided in this act, the board shall have the power to formally
reprimand, suspend or revoke any license or refuse to issue or
renew any license of an applicant or licensee or a person
required to be licensed under this act, if after due notice of
and hearing, the person charged is found in violation of or
fails to carry out the acts and procedures set forth in this act
or is found guilty of committing or attempting to commit any of
the acts set forth in section 322 or any of the following acts:
* * *
(40) Being an out-of-State recreational vehicle dealer
who fails to demonstrate, upon direction of or investigation
by the board or its agents, that the out-of-State
recreational vehicle dealer satisfies the provisions of
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section [332.1(c) regarding participation in this
Commonwealth in a recreational vehicle show, recreational
vehicle off-premise sale, recreational vehicle exhibition or
recreational vehicle rally] 511.1(c) regarding participation
in this Commonwealth in a recreational vehicle event.
Section 3. Sections 332.1 and 333 of the act are repealed:
[Section 332.1. Recreational vehicle shows, recreational
vehicle off-premise sales, recreational vehicle
exhibitions and recreational vehicle rallies.
(a) Participation.--A recreational vehicle dealer,
salesperson, distributor, manufacturer or manufacturer's
representative licensed under this act may participate in a
recreational vehicle show, recreational vehicle off-premise
sale, recreational vehicle exhibition or recreational vehicle
rally. A recreational vehicle dealer shall be permitted to
conduct a recreational vehicle show, recreational vehicle
exhibition or recreational vehicle rally at its established
place of business.
(b) Bond required.--Any person acting as a recreational
vehicle dealer in this Commonwealth shall have posted a bond
payable to the Commonwealth in the amount of $30,000 to ensure
compliance with all Commonwealth laws and regulations. The bond
shall be executed by a surety company authorized to transact
business in this Commonwealth. The bond shall be security for
any claim filed by an agency of the Commonwealth, for moneys
due, including unpaid taxes, fees, licenses, payment of a
criminal penalty or fine after conviction or payment of a civil
penalty or monetary amount after the entry of judgment. The bond
shall remain valid until canceled in writing by the issuer. This
provision shall not limit the authority of any government agency
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or private individual to institute civil, criminal or
disciplinary action against a person for a violation of a
Commonwealth law or regulation. A recreational vehicle dealer
who has a current bond in the amount of at least $30,000 on file
with the Department of Transportation shall not be required to
post a bond under this subsection.
(c) Out-of-State recreational vehicle dealers.--An out-of-
State recreational vehicle dealer licensed in another state or
jurisdiction or domiciled in another state or jurisdiction that
does not require licensure shall register with the board on a
form prescribed by the board before participating in this
Commonwealth in a recreational vehicle show, recreational
vehicle off-premise sale, recreational vehicle exhibition or
recreational vehicle rally. The following apply:
(1) Registration shall include all of the following:
(i) Notification of the out-of-State recreational
vehicle dealer's intent to participate in this
Commonwealth in a recreational vehicle show, recreational
vehicle off-premise sale, recreational vehicle exhibition
or recreational vehicle rally.
(ii) Agreement to comply with all Federal and State
laws and regulations relating to the buying, selling,
exchanging, titling, registration or financing of
recreational vehicles.
(iii) Agreement by the out-of-State recreational
vehicle dealer to submit to the jurisdiction of the
Commonwealth for purposes of disciplinary action of
imposition of a civil or criminal penalty or assessment
under subsection (b) resulting from a violation under
subparagraph (ii).
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(iv) Evidence of the posting of a bond under
subsection (b).
(v) Payment of a participation fee.
(vi) A list of all individuals engaged as sales
people for the out-of-State recreational vehicle dealer
while operating in this Commonwealth.
(2) If the board has taken action within the last five
years to sanction an out-of-State recreational vehicle
dealer, the board may:
(i) refuse to accept the registration and
participation fee of the out-of-State recreational
vehicle dealer permanently or for a fixed period; and
(ii) order that the out-of-State recreational
vehicle dealer be denied access to all recreational
vehicle shows, recreational vehicle off-premise sales,
recreational vehicle exhibitions and recreational vehicle
rallies in this Commonwealth.
(3) An out-of-State recreational vehicle dealer licensed
in another state or jurisdiction or domiciled in a state or
jurisdiction that does not require licensure may participate
in this Commonwealth in a recreational vehicle show,
recreational vehicle off-premise sale, recreational vehicle
exhibition or recreational vehicle rally under the
circumstances set forth either in subparagraph (i) or (ii):
(i) When the show, sale, exhibition or rally has
less than a total of 50 recreational vehicle dealers
participating with permission of the dealer's licensed
manufacturer and meets all of the following requirements:
(A) A minimum of ten recreational vehicle
dealers at the show are licensed in this
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Commonwealth.
(B) More than 50% of the participating
recreational vehicle dealers are licensed in this
Commonwealth.
(C) The state in which the out-of-State
recreational vehicle dealer is licensed is contiguous
to this Commonwealth and permits recreational vehicle
dealers licensed in this Commonwealth to participate
in recreational vehicle shows in that state under
conditions substantially equivalent to the conditions
imposed upon dealers from that state to participate
in recreational vehicle shows in this Commonwealth.
(ii) When the recreational vehicle show, sale,
exhibition or rally opens to the public, it has a total
of at least 50 recreational vehicle dealers from this
Commonwealth and from another state participating with
permission of the dealer's licensed manufacturer and
meets all of the following requirements:
(A) The show, sale, exhibition or rally is trade
oriented and predominantly funded by recreational
vehicle manufacturers.
(B) All of the participating dealers who are not
licensed in this Commonwealth are from a state
contiguous to this Commonwealth which permits
recreational vehicle dealers licensed in this
Commonwealth to participate in recreational vehicle
shows in that state under conditions substantially
equivalent to the conditions imposed upon dealers
from that state to participate in recreational
vehicle shows in this Commonwealth.
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(4) The board shall report a violation of Pennsylvania
law or regulation to the state or jurisdiction in which the
out-of-State recreational vehicle dealer is licensed or
domiciled.
(5) Forms for out-of-State recreational vehicle dealers
shall be published in the Pennsylvania Bulletin and shall be
maintained on the board's Internet website.
(6) The board may accept registration information and
payment electronically.
(7) An out-of-State recreational vehicle dealer may not
participate in a recreational vehicle show, recreational
vehicle off-premise sale, recreational vehicle exhibition or
recreational vehicle rally in this Commonwealth, unless the
out-of-State recreational vehicle dealer satisfies at least
four of the listed activities at its facility in the
contiguous state in which it is licensed or domiciled that
does not require licensure:
(i) Accepting delivery of new recreational vehicles
from the recreational vehicle dealer's manufacturer for
which the recreational vehicle dealer possesses an
agreement with the manufacturer to sell its new
recreational vehicles.
(ii) Maintaining inventory and offering recreational
vehicles for sale to the public.
(iii) Consummating and finalizing recreational
vehicle sales.
(iv) Servicing or repairing recreational vehicles.
(v) Delivering recreational vehicles to purchasers
with recreational vehicle titling, registrations issued
and taxes collected and paid to the dealer's appropriate
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home state agencies.
Section 333. Off-premise sales, shows, exhibitions or rallies
on Sundays.
(1) The following shall be permitted to be open on
Sundays:
(i) Off-premise vehicle sales, shows and
exhibitions.
(ii) Recreational vehicle shows, recreational
vehicle off-premise sales, recreational vehicle
exhibitions and recreational vehicle rallies.
(2) Except as provided in paragraphs (3) and (4), normal
vehicle business practices shall be allowed at off-premise
sales, vehicle shows or exhibitions on Sunday except that no
final sales contract may be consummated on a Sunday.
(3) Normal vehicle business practices shall be allowed
at recreational vehicle shows, recreational vehicle off-
premise sales, recreational vehicle exhibitions and
recreational vehicle rallies. Recreational vehicle dealers
are permitted to consummate final sales contracts on Sundays.
(4) Manufactured housing dealers are permitted to
consummate final sales contracts on Sundays.]
Section 4. Section 502 of the act is amended by adding a
definition to read:
Section 502. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Recreational vehicle event." A recreational vehicle show,
off-premise sale, exhibition or rally held by more than one
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participating licensed dealer or manufacturer who display, sell
or attempt to sell recreational vehicles for a fixed and limited
period of time, which does not exceed 10 calendar days in a
month, 20 days in three consecutive calendar months and 60 days
in a calendar year. For the purpose of this definition, set-up
and tear-down days and days when the events are not open shall
be excluded from the calculation of the applicable time period.
* * *
Section 5. Section 508(a), (b), (c), (f) and (h) of the act
are amended to read:
Section 508. Warranty obligations.
(a) General rule.--Each warrantor shall:
(1) Specify in writing to each of its dealer
obligations, if any, for preparation, delivery and warranty
service on its products.
(2) Compensate the dealer for warranty service required
of the dealer by the warrantor.
[(3) Provide to the dealer the schedule of compensation
to be paid and the time allowances for the performance of
work and service. The schedule of compensation must include
reasonable compensation for diagnostic work as well as
warranty labor.]
(4) Permit the dealer to purchase warranty parts from a
supplier other than the warrantor.
(5) Identify parts to be returned by the dealer at the
beginning of warranty repair process.
(b) Time allowances and compensation.--Time allowances for
the diagnosis and performance of warranty labor must be
reasonable for the work to be performed. [In the determination
of what constitutes reasonable compensation under this section,
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the principal factors to be given consideration shall be the
actual wage rates being paid by the dealer and the actual retail
labor rate being charged by the dealers in the community in
which the dealer is doing business. The compensation of a dealer
for warranty labor may not be less than the posted labor rates
actually charged by the dealer for similar nonwarranty labor as
long as the rates are reasonable.] Compensation for labor used
for warranty service, including diagnostic and repairs, shall be
at a dealer's retail rate. A dealer's hourly retail rate for
labor shall be established by the dealer submitting the lesser
of the following orders to the manufacturer or distributor,
which cover repairs made no more than 180 days before the
submission:
(1) O ne hundred sequential nonwarranty customer-paid
service repair orders.
(2) Ninety consecutive days of nonwarranty customer-paid
service repair orders.
(c) Reimbursement.--The warrantor shall reimburse the dealer
for the following:
(1) All warranty parts at actual wholesale cost plus a
minimum 30% handling charge and [the cost] all shipping
costs, including return shipping costs, if any, [of freight]
to return warranty parts to the warrantor.
(2) A minimum 30% handling charge of the wholesale cost
of warranty parts if the parts were sent to the dealer at no
charge.
* * *
(f) Warrantor notification.--If a dealer receives a [written
or verbal] complaint from a consumer relative to a warranty
repair, the dealer must notify the warrantor about the complaint
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in writing within [10] 60 business days of [receiving the
complaint] scheduled repairs if the dealer cannot satisfy the
consumer's complaint.
* * *
(h) Violation.--It is a violation of this chapter for a
warrantor to:
(1) Fail to perform any of its warranty obligations with
respect to its warranted products.
(2) Fail to include, in written notices of factory
campaigns to recreational vehicle owners and dealers, the
expected date by which necessary parts and equipment,
including tires and chassis or chassis parts, will be
available to dealers to perform the campaign work. The
warrantor may ship parts to the dealer to effect the campaign
work, and, if the parts are in excess of the dealer's
requirements, the dealer may return unused parts to the
warrantor for credit after completion of the campaign.
(3) Fail to compensate its dealers for authorized
repairs effected by the dealer on merchandise damaged in
manufacture or transit to the dealer, if the carrier is
designated by the warrantor, factory branch, distributor or
distributor branch.
(4) Fail to compensate its dealers in accordance with
the schedule of compensation provided to the dealer under
this section if repairs are performed in a timely and
competent manner.
(5) Intentionally misrepresent in any way to purchasers
of recreational vehicles that warranties with respect to the
manufacture, performance or design of the vehicle are made by
the dealer as warrantor or cowarrantor.
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(6) Require the dealer to make warranties to customers
in any manner related to the manufacture of the recreational
vehicle.
(7) Change the warranty of a recreational vehicle once
the dealer has taken possession of the recreational vehicle.
* * *
Section 6. The act is amended by adding sections to read:
Section 511.1. Recreational vehicle events.
(a) Participation.--A recreational vehicle dealer,
salesperson, distributor, manufacturer or manufacturer's
representative licensed under this act may participate in a
recreational vehicle event. A recreational vehicle dealer shall
be permitted to conduct a recreational vehicle event at its
esta blished place of business. E xcept when a recreational
vehicle dealer or salesperson is participating in a recreational
vehicle event under subsection (c)(3)(i) or (ii), a recreational
vehicle dealer or salesperson may not participate in a
recreational vehicle event outside of the dealer's area of sales
responsibility if the dealer is the only participating dealer in
the event.
(b) Bond required.--Any person acting as a recreational
vehicle dealer in this Commonwealth shall have posted a bond
payable to the Commonwealth in the amount of $30,000 to ensure
compliance with all Commonwealth laws and regulations. The bond
shall be executed by a surety company authorized to transact
business in this Commonwealth. The bond shall be security for
any claim filed by an agency of the Commonwealth, for moneys
due, including unpaid taxes, fees, licenses, payment of a
criminal penalty or fine after conviction or payment of a civil
penalty or monetary amount after the entry of judgment. The bond
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shall remain valid until canceled in writing by the issuer. This
provision shall not limit the authority of any government agency
or private individual to institute civil, criminal or
disciplinary action against a person for a violation of a
Commonwealth law or regulation. A recreational vehicle dealer
who has a current bond in the amount of at least $30,000 on file
with the Department of Transportation shall not be required to
post a bond under this subsection.
(c) Out-of-State recreational vehicle dealers.--An out-of-
State recreational vehicle dealer licensed in another state or
jurisdiction or domiciled in another state or jurisdiction that
does not require licensure shall register with the board on a
form prescribed by the board before participating in this
Commonwealth in a recreational vehicle event. The following
apply:
(1) Registration shall include all of the following:
(i) Notification of the out-of-State recreational
vehicle dealer's intent to participate in this
Commonwealth in a recreational vehicle event.
(ii) Agreement to comply with all Federal and State
laws and regulations relating to the buying, selling,
exchanging, titling, registration or financing of
recreational vehicles.
(iii) Agreement by the out-of-State recreational
vehicle dealer to submit to the jurisdiction of the
Commonwealth for purposes of disciplinary action of
imposition of a civil or criminal penalty or assessment
under subsection (b) resulting from a violation under
subparagraph (ii).
(iv) Evidence of the posting of a bond under
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subsection (b).
(v) Payment of a participation fee.
(vi) A list of all individuals engaged as sales
people for the out-of-State recreational vehicle dealer
while operating in this Commonwealth.
(2) If the board has taken action within the last five
years to sanction an out-of-State recreational vehicle
dealer, the board may:
(i) refuse to accept the registration and
participation fee of the out-of-State recreational
vehicle dealer permanently or for a fixed period; and
(ii) order that the out-of-State recreational
vehicle dealer be denied access to all recreational
vehicle events in this Commonwealth.
(3) An out-of-State recreational vehicle dealer licensed
in another state or jurisdiction or domiciled in a state or
jurisdiction that does not require licensure may participate
in this Commonwealth in a recreational vehicle event under
the circumstances specified either in subparagraph (i) or
(ii):
(i) When the event has less than a total of 50
recreational vehicle dealers participating with
permission of the dealer's licensed manufacturer and
meets all of the following requirements:
(A) A minimum of 10 recreational vehicle dealers
at the event are licensed in this Commonwealth.
(B) More than 50% of the participating
recreational vehicle dealers are licensed in this
Commonwealth.
(C) The state in which the out-of-State
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recreational vehicle dealer is licensed is contiguous
to this Commonwealth and permits recreational vehicle
dealers licensed in this Commonwealth to participate
in recreational vehicle events in that state under
conditions substantially equivalent to the conditions
imposed upon dealers from that state to participate
in recreational vehicle events in this Commonwealth.
(ii) When the recreational vehicle event opens to
the public, it has a total of at least 50 recreational
vehicle dealers from this Commonwealth and from another
state participating with permission of the dealer's
licensed manufacturer and meets all of the following
requirements:
(A) The event is trade oriented and
predominantly funded by recreational vehicle
manufacturers.
(B) All of the participating dealers who are not
licensed in this Commonwealth are from a state
contiguous to this Commonwealth which permits
recreational vehicle dealers licensed in this
Commonwealth to participate in recreational vehicle
events in that state under conditions substantially
equivalent to the conditions imposed upon dealers
from that state to participate in recreational
vehicle events in this Commonwealth.
(4) The board shall report a violation of Pennsylvania
law or regulation to the state or jurisdiction in which the
out-of-State recreational vehicle dealer is licensed or
domiciled.
(5) Forms for out-of-State recreational vehicle dealers
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shall be transmitted to the Legislative Reference Bureau for
publication in the next available issue of the Pennsylvania
Bulletin and shall be maintained on the board's publicly
accessible Internet website.
(6) The board may accept registration information and
payment electronically.
(7) An out-of-State recreational vehicle dealer may not
participate in a recreational vehicle event in this
Commonwealth, unless the out-of-State recreational vehicle
dealer satisfies at least four of the listed activities at
its facility in the contiguous state in which it is licensed
or domiciled that does not require licensure:
(i) Accepting delivery of new recreational vehicles
from the recreational vehicle dealer's manufacturer for
which the recreational vehicle dealer possesses an
agreement with the manufacturer to sell its new
recreational vehicles.
(ii) Maintaining inventory and offering recreational
vehicles for sale to the public.
(iii) Consummating and finalizing recreational
vehicle sales.
(iv) Servicing or repairing recreational vehicles.
(v) Delivering recreational vehicles to purchasers
with recreational vehicle titling, registrations issued
and taxes collected and paid to the dealer's appropriate
home state agencies.
Section 511.2. Recreational vehicle events on Sundays.
The following shall apply:
(1) Recreational vehicle events shall be permitted to be
open on Sundays.
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(2) Except as provided in paragraphs (3) and (4), normal
vehicle business practices shall be allowed at recreational
vehicle events on Sunday except that no final sales contract
may be consummated on a Sunday.
(3) Normal vehicle business practices shall be allowed
at recreational vehicle events. Recreational vehicle dealers
are permitted to consummate final sales contracts on Sundays.
(4) Manufactured housing dealers are permitted to
consummate final sales contracts on Sundays.
Section 7. This act shall take effect in 60 days.
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