S0764B0956A04644 PWK:JSL 11/06/17 #90 A04644
AMENDMENTS TO SENATE BILL NO. 764
Sponsor: SENATOR GORDNER
Printer's No. 956
Amend Bill, page 2, line 15, by striking out "a definition"
and inserting
definitions
Amend Bill, page 2, by inserting between lines 20 and 21
"Fifth wheel trailer." A vehicle mounted on wheels designed
to provide temporary living quarters for recreational, camping
or travel use which is a size and weight which does not require
a special highway movement permit and is designed to be towed by
a motorized vehicle that contains a towing mechanism mounted
above or forward of the tow vehicle's rear axle.
* * *
"Folding camping trailer." A vehicle mounted on wheels and
constructed with collapsible side walls that fold for towing by
another vehicle and unfold at the campsite to provide temporary
living quarters for recreational, camping or travel use.
* * *
Amend Bill, page 2, line 25, by striking out ". The unit must
contain" and inserting
containing
Amend Bill, page 3, line 27, by striking out "and" and
inserting a comma
Amend Bill, page 3, line 28, by striking out ". The products
are" and inserting
and is
Amend Bill, page 4, by inserting between lines 13 and 14
"Recreational vehicle warrantor." An individual, firm,
corporation or business entity, including a manufacturer or
supplier that provides a written warranty to a consumer in
connection with a new recreational vehicle or a part, accessory
or component of a new recreational vehicle. The term does not
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include service contracts, mechanical or other insurance or
extended warranties sold for separate consideration by a dealer
or other person not controlled by a manufacturer.
* * *
"Travel trailer." A vehicle mounted on wheels and towed by a
consumer's motorized vehicle designed to provide temporary
living quarters for recreational, camping or travel use of a
size and weight as to not require a special highway movement
permit when towed by a motorized vehicle.
"Truck camper." A vehicle designed to be placed in the bed
of a pickup truck to provide temporary living quarters for
recreational, camping or travel use.
* * *
Amend Bill, page 7, line 25, by striking out the bracket
before "act"
Amend Bill, page 7, line 25, by striking out "] chapter"
Amend Bill, page 8, line 4, by striking out the bracket
before "act"
Amend Bill, page 8, line 4, by striking out "] chapter"
Amend Bill, page 8, line 6, by striking out the bracket
before "act"
Amend Bill, page 8, line 6, by striking out "] chapter"
Amend Bill, page 8, line 18, by striking out the bracket
before "act"
Amend Bill, page 8, line 18, by striking out "] chapter"
Amend Bill, page 9, line 1, by striking out the bracket
before "act"
Amend Bill, page 9, line 1, by striking out "] chapter"
Amend Bill, page 9, line 3, by striking out the bracket
before "act"
Amend Bill, page 9, line 3, by striking out "] chapter"
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Amend Bill, page 9, line 23, by striking out the bracket
before "act"
Amend Bill, page 9, lines 23 and 24, by striking out "]
chapter"
Amend Bill, page 18, line 18, by striking out "and 32" and
inserting
, 32 and 32.1
Amend Bill, page 19, line 3, by striking out the bracket
before "act"
Amend Bill, page 19, lines 3 and 4, by striking out "]
chapter"
Amend Bill, page 19, line 9, by striking out the bracket
before "act"
Amend Bill, page 19, line 9, by striking out "] chapter"
Amend Bill, page 19, line 19, by striking out the bracket
before "act"
Amend Bill, page 19, line 19, by striking out "] chapter"
Amend Bill, page 20, line 1, by inserting a bracket before
"good"
Amend Bill, page 20, line 1, by inserting after "good"
] just
Amend Bill, page 20, line 3, by inserting a bracket before
"good"
Amend Bill, page 20, line 3, by inserting after "good"
] just
Amend Bill, page 20, line 10, by inserting a bracket before
"good"
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Amend Bill, page 20, line 10, by inserting after "good"
] just
Amend Bill, page 21, line 27, by inserting a bracket before
"good"
Amend Bill, page 21, line 27, by inserting after "good"
] just
Amend Bill, page 22, by inserting between lines 3 and 4
(e) Applicability.--The protest provisions of this section
apply to Chapter 5 activities and actions between RV dealers,
manufacturers, distributors and suppliers.
Amend Bill, page 23, line 2, by striking out "manufacturers"
and inserting
recreational vehicle warrantors
Amend Bill, page 23, line 2, by striking out "of recreational
vehicles"
Amend Bill, page 24, line 24, by inserting a bracket before
"good"
Amend Bill, page 24, line 24, by inserting after "good"
] just
Amend Bill, page 26, lines 14 through 16, by striking out all
of said lines
Amend Bill, page 37, line 8, by inserting a bracket before
"good"
Amend Bill, page 37, line 8, by inserting after "good"
] just
Amend Bill, page 37, line 16, by inserting a bracket before
"good"
Amend Bill, page 37, line 16, by inserting after "good"
] just
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Amend Bill, page 41, line 24, by inserting a bracket before
"good"
Amend Bill, page 41, line 24, by inserting after "good"
] just
Amend Bill, page 51, line 20, by inserting a bracket before
"good"
Amend Bill, page 51, line 20, by inserting after "good"
] just
Amend Bill, page 52, line 10, by inserting a bracket before
"good"
Amend Bill, page 52, line 10, by inserting after "good"
] just
Amend Bill, page 53, line 22, by inserting a bracket before
"good"
Amend Bill, page 53, line 22, by inserting after "good"
] just
Amend Bill, page 74, line 18, by inserting a bracket before
"good"
Amend Bill, page 74, line 18, by inserting after "good"
] just
Amend Bill, page 77, line 1, by inserting a bracket before
"good"
Amend Bill, page 77, line 1, by inserting after "good"
] just
Amend Bill, page 77, line 4, by inserting a bracket before
"good"
Amend Bill, page 77, line 4, by inserting after "good"
] just
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Amend Bill, page 77, line 28, by inserting a bracket before
"good"
Amend Bill, page 77, line 28, by inserting after "good"
] just
Amend Bill, page 83, by inserting between lines 28 and 29
Section [32.1] 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
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
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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).
(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
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
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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.
(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
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and taxes collected and paid to the dealer's appropriate
home state agencies.
Amend Bill, page 84, lines 11 and 12, by striking out all of
said lines
Amend Bill, page 84, line 13, by striking out the bracket
before "paragraphs"
Amend Bill, page 84, line 13, by striking out "] paragraph"
Amend Bill, page 84, line 21, by inserting a bracket before
"recreational" where it occurs the second time
Amend Bill, page 84, line 21, by inserting after
"recreational" where it occurs the second time
] Recreational
Amend Bill, page 85, line 15, by striking out "this chapter"
and inserting
Chapter 3
Amend Bill, page 85, lines 25 through 30; page 86, lines 1
through 4; by striking out all of said lines on said pages
Amend Bill, page 87, lines 6 through 12, by striking out all
of said lines
Amend Bill, page 88, lines 16 through 24, by striking out
"good cause." in line 16 and all of lines 17 through 24 and
inserting
just cause. Section 506 shall not apply to this section.
Amend Bill, page 88, line 26, by striking out "good" and
inserting
just
Amend Bill, page 88, line 28, by striking out "good" and
inserting
just
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Amend Bill, page 89, line 1, by inserting after
"responsibility"
compared to other similarly situated dealers and market
conditions
Amend Bill, page 89, line 19, by striking out "good" and
inserting
just
Amend Bill, page 90, line 9, by striking out "good" and
inserting
just
Amend Bill, page 91, line 3, by striking out "good" and
inserting
just
Amend Bill, page 91, line 4, by striking out "good" and
inserting
just
Amend Bill, page 91, line 19, by striking out "Good" and
inserting
Just
Amend Bill, page 91, line 20, by striking out "good" and
inserting
just
Amend Bill, page 91, line 23, by striking out "good" and
inserting
just
Amend Bill, page 91, line 25, by striking out "good" and
inserting
just
Amend Bill, page 91, line 26, by striking out "good" and
inserting
just
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Amend Bill, page 92, lines 14 through 19, by striking out
"manufacturer or" in line 14, all of lines 15 through 18 and
"section 505(a)(2)," in line 19 and inserting
dealer for just cause as described in section 505(b) and the
manufacturer fails to provide notice or cure the claimed
deficiencies as provided in section 505(a),
Amend Bill, page 94, line 7, by striking out "15" and
inserting
30
Amend Bill, page 96, line 25, by striking out "lowest retail"
and inserting
posted
Amend Bill, page 97, lines 11 through 14, by striking out all
of said lines and inserting
(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
in writing within 10 days of receiving the complaint if the
dealer cannot satisfy the consumer's complaint.
Amend Bill, page 102, line 26, by striking out "good" and
inserting
just
Amend Bill, page 103, lines 1 through 30; page 104, lines 1
through 27; by striking out all of said lines on said pages and
inserting
Section 512. Applicability.
To the extent the provisions of this chapter are inconsistent
with any other provisions of this act as applied to an RV
dealer, manufacturer, distributor or supplier this chapter
controls. Unless inconsistent with the provisions in this
chapter or expressly excluded, the provisions of this act apply
to RV dealers, manufacturers, distributors and suppliers.
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