AN ACT

 

1Amending the act of December 22, 1983 (P.L.306, No.84), entitled
2"An act providing for the State Board of Vehicle
3Manufacturers, Dealers and Salespersons; and providing
4penalties," defining "out-of-State recreational vehicle
5dealer"; further defining "recreational vehicle show"; and
6further providing for grounds for disciplinary proceedings
7and for requirements for out-of-State recreational vehicle
8dealers for recreational vehicle shows, recreational vehicle
9off-premise sales, recreational exhibitions and recreational
10vehicle rallies.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. The definition of "recreational vehicle show" in
14section 2 of the act of December 22, 1983 (P.L.306, No.84),
15known as the Board of Vehicles Act, added October 8, 2008
16(P.L.1086, No.90), is amended and the section is amended by
17adding a definition to read:

18Section 2. Definitions.

19The following words and phrases when used in this act shall
20have the meanings given to them in this section unless the
21context clearly indicates otherwise:

1* * *

2"Out-of-State recreational vehicle dealer." A new or used
3recreational vehicle dealer who is licensed in another state or
4jurisdiction contiguous to this Commonwealth, or is domiciled in
5another state or jurisdiction contiguous to this Commonwealth
6that does not require licensure and can demonstrate, upon
7direction of or investigation by the board or its agents, that
8at least four of the following activities have been engaged in
9within the state or jurisdiction contiguous to this Commonwealth
10where the dealer is licensed or domiciled <-at its facility:

11(1) Accepting delivery of new recreational vehicles from
12the recreational vehicle dealer's manufacturer for which the
13recreational vehicle dealer possesses an agreement with the
14manufacturer to sell its new recreational vehicles.

15(2) <-Inventorying Maintaining inventory and offering for
16sale to the public recreational vehicles.

17(3) Consummating and finalizing recreational vehicle
18sales.

19(4) Servicing or repairing recreational vehicles.

20(5) Delivering recreational vehicles to purchasers with
21recreational vehicle titling, registrations issued and taxes
22collected and paid to the dealer's appropriate home state
23agencies.

24* * *

25"Recreational vehicle show," "recreational vehicle off-
26premise sale," "recreational vehicle exhibition" or
27"recreational vehicle rally." A sale, show, exhibition or
28rally, held by one or more recreational vehicle dealers,
29distributors, manufacturers or manufacturers' representatives
30who display, sell or attempt to sell recreational vehicles for a

1fixed and limited period of time, which shall not exceed ten
2days in a [30-day period] calendar month, 20 days in [a 90-day
3period] three consecutive calendar months and 60 days in a [365-
4day period] calendar year. Set-up and tear-down days and days
5when the events are not open shall be excluded from the
6calculation of the applicable time period.

7* * *

8Section 2. Section 19(39) of the act, added October 8, 2008
9(P.L.1086, No.90), is amended and the section is amended by
10adding a paragraph to read:

11Section 19. Grounds for disciplinary proceedings.

12In addition to any criminal or civil penalties otherwise
13provided in this act, the board shall have the power to formally
14reprimand, suspend or revoke any license or refuse to issue or
15renew any license of an applicant or licensee or a person
16required to be licensed under this act, if after due notice of
17and hearing, the person charged is found in violation of or
18fails to carry out the acts and procedures set forth in this act
19or is found guilty of committing or attempting to commit any of
20the acts set forth in section 23 or any of the following acts:

21* * *

22(39) Being [a] an out-of-State recreational vehicle
23dealer from another state or jurisdiction who, while buying,
24selling, titling, registering, financing or exchanging
25recreational vehicles in this Commonwealth, violates a
26Pennsylvania law or regulation or a law or regulation of the
27state or jurisdiction of licensure or the state or
28jurisdiction of domicile regarding the buying, selling,
29titling, registering, financing or exchanging of recreational
30vehicles.

1(40) Being an out-of-State recreational vehicle dealer
2who fails to demonstrate, upon direction of or investigation
3by the board or its agents, that at least four of the
4following activities have been engaged in within the state or
5jurisdiction contiguous to this Commonwealth where the dealer
6is licensed or domiciled <-at its facility:

7(i) Accepting delivery of new recreational vehicles
8from the recreational vehicle dealer's manufacturer for
9which the recreational vehicle dealer possesses an
10agreement with the manufacturer to sell its new
11recreational vehicles.

12(ii) <-Inventorying Maintaining inventory and offering
13for sale to the public recreational vehicles.

14(iii) Consummating and finalizing recreational
15vehicle sales.

16(iv) Servicing or repairing recreational vehicles.

17(v) Delivering recreational vehicles to purchasers
18with recreational vehicle titling, registrations issued
19and taxes collected and paid to the dealer's appropriate
20home state agencies.

21Section 3. Section 32.1(c) of the act, added October 8, 2008
22(P.L.1086, No.90), is amended to read:

23Section 32.1. Recreational vehicle shows, recreational vehicle
24off-premise sales, recreational vehicle exhibitions
25and recreational vehicle rallies.

26* * *

27(c) Out-of-State recreational vehicle dealers.--[A] An out-
28of-State recreational vehicle dealer [licensed in another state
29or jurisdiction or domiciled in another state or jurisdiction
30that does not require licensure] shall register with the board

1on a form prescribed by the board before participating in this
2Commonwealth in a recreational vehicle show, recreational
3vehicle off-premise sale, recreational vehicle exhibition or
4recreational vehicle rally. The following apply:

5(1) Registration shall include all of the following:

6(i) Notification of the out-of-State recreational
7vehicle dealer's intent to participate in this
8Commonwealth in a recreational vehicle show, recreational
9vehicle off-premise sale, recreational vehicle exhibition
10or recreational vehicle rally.

11(ii) Agreement to comply with all Federal and State
12laws and regulations relating to the buying, selling,
13exchanging, titling, registration or financing of
14recreational vehicles.

15(iii) Agreement by the out-of-State recreational
16vehicle dealer to submit to the jurisdiction of the
17Commonwealth for purposes of disciplinary action of
18imposition of a civil or criminal penalty or assessment
19under subsection (b) resulting from a violation under
20subparagraph (ii).

21(iv) Evidence of the posting of a bond under
22subsection (b).

23(v) Payment of a participation fee.

24(vi) A list of all individuals engaged as sales
25people for the out-of-State recreational vehicle dealer
26while operating in this Commonwealth.

27(2) If the board has taken action within the last five
28years to sanction an out-of-State recreational vehicle
29dealer, the board may:

30(i) refuse to accept the registration and

1participation fee of the out-of-State recreational
2vehicle dealer permanently or for a fixed period; and

3(ii) order that the out-of-State recreational 
4vehicle dealer be denied access to all recreational
5vehicle shows, recreational vehicle off-premise sales,
6recreational vehicle exhibitions and recreational vehicle
7rallies in this Commonwealth.

8(3) [A] An out-of-State recreational vehicle dealer
9[licensed in another state or jurisdiction or domiciled in a
10state or jurisdiction that does not require licensure] may
11participate in this Commonwealth in a recreational vehicle
12show, recreational vehicle off-premise sale, recreational
13vehicle exhibition or recreational vehicle rally under the
14circumstances set forth either in subparagraph (i) or (ii):

15(i) When the show, sale, exhibition or rally has
16less than a total of 50 recreational vehicle dealers
17participating with permission of the dealer's licensed
18manufacturer and meets all of the following requirements:

19(A) A minimum of ten recreational vehicle
20dealers at the show are licensed in this
21Commonwealth.

22(B) More than 50% of the participating
23recreational vehicle dealers are licensed in this
24Commonwealth.

25(C) The state in which the out-of-State 
26recreational vehicle dealer is licensed is contiguous
27to this Commonwealth and permits recreational vehicle
28dealers licensed in this Commonwealth to participate
29in recreational vehicle shows in that state under
30conditions substantially equivalent to the conditions

1imposed upon dealers from that state to participate
2in recreational vehicle shows in this Commonwealth.

3(ii) When the recreational vehicle show, sale,
4exhibition or rally opens to the public, it has a total
5of at least 50 recreational vehicle dealers from this
6Commonwealth and from another state participating with
7permission of the dealer's licensed manufacturer and
8meets all of the following requirements:

9(A) The show, sale, exhibition or rally is trade
10oriented and predominantly funded by recreational
11vehicle manufacturers.

12(B) All of the participating dealers who are not
13licensed in this Commonwealth are from a state
14contiguous to this Commonwealth which permits
15recreational vehicle dealers licensed in this
16Commonwealth to participate in recreational vehicle
17shows in that state under conditions substantially
18equivalent to the conditions imposed upon dealers
19from that state to participate in recreational
20vehicle shows in this Commonwealth.

21(4) The board shall report a violation of Pennsylvania
22law or regulation to the state or jurisdiction in which the
23out-of-State recreational vehicle dealer is licensed or
24domiciled.

25(5) Forms for out-of-State recreational vehicle dealers
26shall be published in the Pennsylvania Bulletin and shall be
27maintained on the board's Internet website.

28(6) The board may accept registration information and
29payment electronically.

30Section 4. This act shall take effect <-in 60 days
 

<-1immediately.