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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY STACK, HUGHES, TARTAGLIONE, ERICKSON, KITCHEN, COSTA, FARNESE, BOSCOLA, McILHINNEY, EARLL, KASUNIC, ORIE AND FERLO, JULY 31, 2009 |
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| REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, JULY 31, 2009 |
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| AN ACT |
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1 | Amending the act of December 22, 1983 (P.L.306, No.84), entitled |
2 | "An act providing for the State Board of Vehicle |
3 | Manufacturers, Dealers and Salespersons; and providing |
4 | penalties," further providing for grounds for disciplinary |
5 | proceedings, and for off-premises sales, shows, exhibitions |
6 | or rallies on Sundays. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 19(10) of the act of December 22, 1983 |
10 | (P.L.306, No.84), known as the Board of Vehicles Act, amended |
11 | October 18, 2000 (P.L.577, No.75), is amended to read: |
12 | Section 19. Grounds for disciplinary proceedings. |
13 | In addition to any criminal or civil penalties otherwise |
14 | provided in this act, the board shall have the power to formally |
15 | reprimand, suspend or revoke any license or refuse to issue or |
16 | renew any license of an applicant or licensee or a person |
17 | required to be licensed under this act, if after due notice of |
18 | and hearing, the person charged is found in violation of or |
19 | fails to carry out the acts and procedures set forth in this act |
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1 | or is found guilty of committing or attempting to commit any of |
2 | the acts set forth in section 23 or any of the following acts: |
3 | * * * |
4 | (10) Having engaged in the buying, selling, exchanging, |
5 | trading or otherwise dealing in vehicles on Sunday in |
6 | violation of 18 Pa.C.S. § 7365 (relating to trading in motor |
7 | vehicles and trailers). Manufactured housing is permitted to |
8 | be sold on Sundays by licensed manufactured housing dealers |
9 | without being subject to prosecution under this paragraph. |
10 | Motor vehicles are permitted to be sold on Sundays by normal |
11 | vehicle business dealers pursuant to section 33(5) without |
12 | being subject to prosecution under this paragraph. |
13 | * * * |
14 | Section 2. Section 33 of the act, amended October 8, 2008 |
15 | (P.L.1086, No.90), is amended to read: |
16 | Section 33. [Off-premise sales] Sales, shows, exhibitions or |
17 | rallies on Sundays. |
18 | (1) The following shall be permitted to be open on |
19 | Sundays: |
20 | (i) Off-premise vehicle sales, shows and |
21 | exhibitions. |
22 | (ii) Recreational vehicle shows, recreational |
23 | vehicle off-premise sales, recreational vehicle |
24 | exhibitions and recreational vehicle rallies. |
25 | (2) Except as provided in paragraphs (3) [and], (4) and |
26 | (5), normal vehicle business practices shall be allowed at |
27 | off-premise sales, vehicle shows or exhibitions on Sunday |
28 | except that no final sales contract may be consummated on a |
29 | Sunday. |
30 | (3) Normal vehicle business practices shall be allowed |
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1 | at recreational vehicle shows, recreational vehicle off- |
2 | premise sales, recreational vehicle exhibitions and |
3 | recreational vehicle rallies. Recreational vehicle dealers |
4 | are permitted to consummate final sales contracts on Sundays. |
5 | (4) Manufactured housing dealers are permitted to |
6 | consummate final sales contracts on Sundays. |
7 | (5) Normal vehicle business dealers shall be permitted |
8 | to be open one Sunday a month for on-premise sales and shall |
9 | be permitted to consummate final sales contracts on the |
10 | designated Sunday. |
11 | Section 3. This act shall take effect in 60 days. |
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