PRINTER'S NO. 2243

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1838 Session of 1977


        INTRODUCED BY BENNETT, L. E. SMITH, BRUNNER, MEBUS, GEISLER,
           POTT AND ZEARFOSS, NOVEMBER 2, 1977

        REFERRED TO COMMITTEE ON FINANCE, NOVEMBER 2, 1977

                                     AN ACT

     1  Amending the act of June 28, 1947 (P.L.1110, No.476), entitled
     2     "An act defining and regulating certain installment sales of
     3     motor vehicles; prescribing the conditions under which such
     4     sales may be made and regulating the financing thereof;
     5     regulating and licensing persons engaged in the business of
     6     making or financing such sales; prescribing the form,
     7     contents and effect of instruments used in connection with
     8     such sales and the financing thereof; prescribing certain
     9     rights and obligations of buyers, sellers, persons financing
    10     such sales and others; limiting incidental charges in
    11     connection with such instruments and fixing maximum interest
    12     rates for delinquencies, extensions and loans; regulating
    13     insurance in connection with such sales; regulating
    14     repossessions, redemptions, resales and deficiency judgments
    15     and the rights of parties with respect thereto; authorizing
    16     extensions, loans and forbearances related to such sales;
    17     authorizing investigations and examinations of persons
    18     engaged in the business of making or financing such sales;
    19     prescribing penalties and repealing certain acts," further
    20     providing for the rate of finance charge for mobile homes.

    21     The General Assembly of the Commonwealth of Pennsylvania
    22  hereby enacts as follows:
    23     Section 1.  Section 3 and subsection (d) of section 19, act
    24  of June 28, 1947 (P.L.1110, No.476), known as the "Motor Vehicle
    25  Sales Finance Act," amended June 19, 1974 (P.L.364, No.121), are
    26  amended by adding clauses to read:
    27     Section 3.  Definitions.--The following words, terms and

     1  phrases when used in this act shall have the meaning ascribed to
     2  them in this section, except where the context clearly indicates
     3  otherwise:--
     4     * * *
     5     21.  "Mobile homes" shall mean those vehicles defined as such
     6  in section 102 of Title 75, act of November 25, 1970 (P.L.707,
     7  No.230), known as the Pennsylvania Consolidated Statutes, added
     8  June 17, 1976 (P.L.162, No.81).
     9     Section 19.  Finance Charges.--
    10     A.  A seller licensed under the provisions of this act shall
    11  have the power and authority to charge, contract for, receive or
    12  collect a finance charge, as defined in this act, on any
    13  installment sale contract covering the retail sale of a motor
    14  vehicle in this Commonwealth, which shall not exceed the rates
    15  indicated for the respective classification of motor vehicles as
    16  follows:
    17     Class I.  New motor vehicles, except those having a cash
    18  price of ten thousand dollars ($10,000) or more and used
    19  primarily for commercial purposes and except mobile homes, six
    20  percent (6%) per year.
    21     Class II.  Used motor vehicles of a model designated by the
    22  manufacturer by a year not more than two (2) years prior to the
    23  year in which the sale is made, nine percent (9%) per year.
    24     Class III.  Older used motor vehicles of a model designated
    25  by the manufacturer by a year more than two (2) years prior to
    26  the year in which the sale is made, twelve percent (12%) per
    27  year.
    28     Class IV.  New motor vehicles having a cash price of ten
    29  thousand dollars ($10,000) or more and used primarily for
    30  commercial purposes, seven and one-half percent (7 1/2%) per
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     1  year.
     2     Class V.  New mobile homes, such percent established as a
     3  maximum finance charge for mobile homes by regulation of the
     4  Federal Housing Administration, pursuant to the National Housing
     5  Act of June 27, 1934 (48 Stat. 1246), whether or not the mobile
     6  home is subject to a sale on credit or loan insured or
     7  guaranteed in whole or in part by such administration.
     8     * * *
     9     Section 2.  This act shall take effect immediately.














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