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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY SOLOBAY, MENSCH, BOSCOLA AND FONTANA, SEPTEMBER 16, 2011 |
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| REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, SEPTEMBER 16, 2011 |
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| AN ACT |
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1 | Amending the act of December 22, 1983 (P.L.306, No.84), entitled |
2 | "An act providing for the State Board of Vehicle |
3 | Manufacturers, Dealers and Salespersons; and providing |
4 | penalties," further providing for license to engage in |
5 | business. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Section 5(c) of the act of December 22, 1983 |
9 | (P.L.306, No.84), known as the Board of Vehicles Act, amended |
10 | April 19, 1996 (P.L.104, No.27), is amended to read: |
11 | Section 5. License to engage in business. |
12 | * * * |
13 | (c) Salespersons to be employed.--It shall be unlawful for |
14 | any salesperson who has not been issued a salesperson's license |
15 | number by the board to engage in any activity related to the |
16 | buying, selling or exchanging of a vehicle for a commission, |
17 | compensation or other consideration. Any sale must be conducted |
18 | pursuant to and as part of the normal business activities of the |
19 | dealer by a person who is a licensed salesperson of the dealer, |
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1 | unless that person is the dealer. The salesperson shall be |
2 | presently employed by the currently licensed vehicle dealer for |
3 | whom the salesperson is buying, selling or exchanging. The |
4 | following provisions shall apply to salespersons: |
5 | (1) [Any salesperson licensed hereunder] Except as |
6 | otherwise provided under paragraph (3), any licensed |
7 | salesperson shall be licensed to sell [only] for [one dealer] |
8 | no more than three dealers at a time and his license shall |
9 | indicate the name of [that dealer] those dealers, provided |
10 | the salesperson has written consent from all dealers involved |
11 | if selling for more than one dealer. |
12 | (2) A licensed salesperson who is employed by a dealer |
13 | who holds a dealer license in more than one category or at |
14 | more than one facility may sell for each such dealer or at |
15 | each such facility[, provided that each facility has the same |
16 | owners]. |
17 | (3) A licensed salesperson who engages in buying, |
18 | selling and exchanging recreational vehicles shall be |
19 | licensed to sell only for one recreational vehicle dealer at |
20 | a time and his license shall indicate the name of that |
21 | recreational vehicle dealer. |
22 | * * * |
23 | Section 2. This act shall take effect in 60 days. |
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