PRINTER'S NO. 1512
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1161
Session of
2015
INTRODUCED BY HARHART, READSHAW, MUSTIO, EMRICK, PICKETT, MURT,
GODSHALL, DEASY, KORTZ, TURZAI, SIMMONS, SAINATO, GILLESPIE,
LONGIETTI, BENNINGHOFF, SONNEY, ELLIS, SNYDER, MATZIE,
GOODMAN, A. HARRIS, KAUFFMAN, HANNA, SABATINA, PETRARCA,
MILLARD, HARHAI, HARPER, EVERETT, REGAN, KAMPF, P. COSTA,
COHEN, MARKOSEK, M. DALEY, MAJOR, PEIFER, HICKERNELL, BRIGGS,
M. K. KELLER, D. COSTA, DUNBAR, QUINN, EVANKOVICH, TOEPEL AND
HEFFLEY, MAY 11, 2015
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MAY 11, 2015
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 definitions and for license
to engage in business.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of December 22, 1983
(P.L.306, No.84), known as the Board of Vehicles Act, is amended
by adding a definition to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Common ownership." Exists when a person is an owner of two
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
or more licensed dealerships, regardless of:
(1) the location of each dealership;
(2) the person's percentage of ownership at each
dealership; or
(3) the corporate structure of each dealership.
* * *
Section 2. Section 5(c)(2) of the act, amended April 19,
1996 (P.L.104, No.27), is amended to read:
Section 5. License to engage in business.
* * *
(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.
* * *
(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] there is common ownership.
* * *
Section 3. This act shall take effect in 60 days.
20150HB1161PN1512 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28