THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SOLOBAY, BRENNAN, CREIGHTON, DEASY, J. EVANS, GEIST, MURT, PALLONE, ROAE, SEIP, SIPTROTH, SONNEY, THOMAS, VULAKOVICH, GIBBONS, HORNAMAN AND MATZIE, MAY 8, 2009

AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 16, 2009   

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," further providing for license to engage in

business. 

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 5(c) of the act of December 22, 1983

(P.L.306, No.84), known as the Board of Vehicles Act, amended

April 19, 1996 (P.L.104, No.27), is amended to read:

Section 5.  License to engage in business.

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(c)  Salespersons to be employed.--It shall be unlawful for

any salesperson who has not been issued a salesperson's license

number by the board to engage in any activity related to the

buying, selling or exchanging of a vehicle for a commission,

compensation or other consideration. Any sale must be conducted

pursuant to and as part of the normal business activities of the

dealer by a person who is a licensed salesperson of the dealer,

unless that person is the dealer. The salesperson shall be

presently employed by the currently licensed vehicle dealer for

whom the salesperson is buying, selling or exchanging. The

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following provisions shall apply to salespersons:                                                                                                                                      

(1)  [Any salesperson licensed hereunder] Except as

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otherwise provided under paragraph (3), any licensed

salesperson shall be licensed to sell [only] for [one dealer] 

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no more than three dealers at a time and his license shall

indicate the name of [that dealer] those dealers, provided

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the salesperson has written consent from all dealers involved

if selling for more than one dealer.

(2)  A licensed salesperson who is employed by a dealer

who holds a dealer license in more than one category or at

more than one facility may sell for each such dealer or at

each such facility[, provided that each facility has the same

owners].

(3)  A licensed salesperson who engages in buying,

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selling and exchanging recreational vehicles shall be

licensed to sell only for one recreational vehicle dealer at

a time and his license shall indicate the name of that

recreational vehicle dealer.

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Section 2.  This act shall take effect in 60 days.