THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY STACK, HUGHES, TARTAGLIONE, ERICKSON, KITCHEN, COSTA, FARNESE, BOSCOLA, McILHINNEY, EARLL, KASUNIC, ORIE AND FERLO, JULY 31, 2009

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, JULY 31, 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 grounds for disciplinary

proceedings, and for off-premises sales, shows, exhibitions

or rallies on Sundays.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 19(10) of the act of December 22, 1983

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

October 18, 2000 (P.L.577, No.75), is amended to read:

Section 19.  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 23 or any of the following acts:

* * *

(10)  Having engaged in the buying, selling, exchanging,

trading or otherwise dealing in vehicles on Sunday in

violation of 18 Pa.C.S. § 7365 (relating to trading in motor

vehicles and trailers). Manufactured housing is permitted to

be sold on Sundays by licensed manufactured housing dealers

without being subject to prosecution under this paragraph.

Motor vehicles are permitted to be sold on Sundays by normal

vehicle business dealers pursuant to section 33(5) without

being subject to prosecution under this paragraph.

* * *

Section 2.  Section 33 of the act, amended October 8, 2008

(P.L.1086, No.90), is amended to read:

Section 33.  [Off-premise sales] 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) and

(5), 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.

(5)  Normal vehicle business dealers shall be permitted

to be open one Sunday a month for on-premise sales and shall

be permitted to consummate final sales contracts on the

designated Sunday.

Section 3.  This act shall take effect in 60 days.