SENATE AMENDED
        PRIOR PRINTER'S NOS. 1934, 2139, 2797,        PRINTER'S NO. 3672
        3339

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1655 Session of 1981


        INTRODUCED BY WILSON, DOMBROWSKI, VROON, CORNELL, BOWSER, POTT,
           LUCYK, McVERRY AND PENDLETON, JUNE 17, 1981

        SENATOR JUBELIRER, RULES AND EXECUTIVE NOMINATIONS, IN SENATE,
           RE-REPORTED AS AMENDED, NOVEMBER 8, 1982

                                     AN ACT

     1  Amending the act of September 9, 1965 (P.L.499, No.254),
     2     entitled, as reenacted and amended, "An act providing for and
     3     regulating the registration and licensing of motor vehicle
     4     and mobilehome manufacturers, dealers and salesmen, fixing
     5     fees, creating the State Board of Motor Vehicle Salesmen,
     6     imposing powers and duties on the Department of State, the
     7     Commissioner of Professional and Occupational Affairs and the
     8     board and prescribing unlawful acts and penalties and making
     9     an appropriation," further providing for the powers and
    10     duties of the State Board of Motor Vehicle Manufacturers,
    11     Dealers and Salesmen.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Clause (2) of section 5, act of September 9, 1965
    15  (P.L.499, No.254), known as the "Motor Vehicle Manufacturer's
    16  Dealer's and Salesmen's License Act," reenacted and amended
    17  December 21, 1973 (P.L.408, No.144), is amended by adding a
    18  subclause to read:
    19     Section 5.  Powers and Duties of the State Board of Motor
    20  Vehicle Manufacturers, Dealers and Salesmen.--The board shall


     1  have power and its duty shall be:
     2     * * *
     3     (2)  To investigate on its own initiative or upon the
     4  verified complaint in writing of any person any allegations of
     5  the wrongful act or acts of any licensee or person required to
     6  be licensed hereunder and shall [have the power to] suspend or    <--
     7  revoke licenses issued by the board if after due notice and
     8  hearing the person charged is found guilty of committing or
     9  attempting to commit the following acts:
    10     * * *
    11     (xvii)  Being a licensee or person required to be licensed
    12  who:
    13     (a)  fails to collect a tax or fee due the Commonwealth upon
    14  a sale of a vehicle, as defined in the 75 Pa.C.S. § 102
    15  (relating to definitions);
    16     (b)  collects such a tax or fee and fails to issue a true
    17  copy of the tax report to the purchaser as required by law;
    18     (c)  issues a false or fraudulent tax report or copy thereof;
    19  or
    20     (d)  fails to pay over the tax or fees collected by him to
    21  the Commonwealth at the time and in the manner required by law.
    22     * * *
    23     Section 2.  This act shall take effect July 1, 1982. 1983.     <--





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