HB 38 — An Act amending the act of December 22, 1983 (P.L.306, No.84), known as the Board of Vehicles Act, in preliminary provisions, further providing for definitions; in vehicles, further providing for grounds for disciplinary proceedings and repealing provisions relating to recreational vehicle shows, recreational vehicle off-premise sales, recreational vehicle exhibitions and recreational vehicle rallies and to off-premise sales, shows, exhibitions or rallies on Sundays; and, in recreational vehicles, further providing for definitions and for warranty obligations and providing for recreational vehicle events and for recreational vehicle events on Sundays.

PRINTER'S NO.   17

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 38
                                               Session of
                                                 2025

     INTRODUCED BY CONKLIN, SANCHEZ AND HILL-EVANS, JANUARY 10, 2025

     REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 10, 2025


                                    AN ACT
 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," in preliminary provisions, further providing for
 5      definitions; in vehicles, further providing for grounds for
 6      disciplinary proceedings and repealing provisions relating to
 7      recreational vehicle shows, recreational vehicle off-premise
 8      sales, recreational vehicle exhibitions and recreational
 9      vehicle rallies and to off-premise sales, shows, exhibitions
10      or rallies on Sundays; and, in recreational vehicles, further
11      providing for definitions and for warranty obligations and
12      providing for recreational vehicle events and for
13      recreational vehicle events on Sundays.
14      The General Assembly of the Commonwealth of Pennsylvania
15   hereby enacts as follows:
16      Section 1.    The definition of "recreational vehicle show,"
17   "recreational vehicle off-premise sale," "recreational vehicle
18   exhibition" or "recreational vehicle rally" in section 102 of
19   the act of December 22, 1983 (P.L.306, No.84), known as the
20   Board of Vehicles Act, is amended to read:
21   Section 102.    Definitions.
22      The following words and phrases when used in this act shall
23   have the meanings given to them in this section unless the
24   context clearly indicates otherwise:
 1      * * *
 2      ["Recreational vehicle show," "recreational vehicle off-
 3   premise sale," "recreational vehicle exhibition" or
 4   "recreational vehicle rally."    A sale, show, exhibition or
 5   rally, held by one or more recreational vehicle dealers,
 6   distributors, manufacturers or manufacturers' representatives
 7   who display, sell or attempt to sell recreational vehicles for a
 8   fixed and limited period of time, which shall not exceed ten
 9   days in a calendar month, 20 days in three consecutive calendar
10   months and 60 days in a calendar year. Set-up and tear-down days
11   and days when the events are not open shall be excluded from the
12   calculation of the applicable time period.]
13      * * *
14      Section 2.    Section 318(40) of the act is amended to read:
15   Section 318.    Grounds for disciplinary proceedings.
16      In addition to any criminal or civil penalties otherwise
17   provided in this act, the board shall have the power to formally
18   reprimand, suspend or revoke any license or refuse to issue or
19   renew any license of an applicant or licensee or a person
20   required to be licensed under this act, if after due notice of
21   and hearing, the person charged is found in violation of or
22   fails to carry out the acts and procedures set forth in this act
23   or is found guilty of committing or attempting to commit any of
24   the acts set forth in section 322 or any of the following acts:
25          * * *
26          (40)     Being an out-of-State recreational vehicle dealer
27      who fails to demonstrate, upon direction of or investigation
28      by the board or its agents, that the out-of-State
29      recreational vehicle dealer satisfies the provisions of
30      section [332.1(c) regarding participation in this

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 1      Commonwealth in a recreational vehicle show, recreational
 2      vehicle off-premise sale, recreational vehicle exhibition or
 3      recreational vehicle rally] 511.1(c) regarding participation
 4      in this Commonwealth in a recreational vehicle event.
 5      Section 3.     Sections 332.1 and 333 of the act are repealed:
 6   [Section 332.1.    Recreational vehicle shows, recreational
 7               vehicle off-premise sales, recreational vehicle
 8               exhibitions and recreational vehicle rallies.
 9      (a)   Participation.--A recreational vehicle dealer,
10   salesperson, distributor, manufacturer or manufacturer's
11   representative licensed under this act may participate in a
12   recreational vehicle show, recreational vehicle off-premise
13   sale, recreational vehicle exhibition or recreational vehicle
14   rally. A recreational vehicle dealer shall be permitted to
15   conduct a recreational vehicle show, recreational vehicle
16   exhibition or recreational vehicle rally at its established
17   place of business.
18      (b)   Bond required.--Any person acting as a recreational
19   vehicle dealer in this Commonwealth shall have posted a bond
20   payable to the Commonwealth in the amount of $30,000 to ensure
21   compliance with all Commonwealth laws and regulations. The bond
22   shall be executed by a surety company authorized to transact
23   business in this Commonwealth. The bond shall be security for
24   any claim filed by an agency of the Commonwealth, for moneys
25   due, including unpaid taxes, fees, licenses, payment of a
26   criminal penalty or fine after conviction or payment of a civil
27   penalty or monetary amount after the entry of judgment. The bond
28   shall remain valid until canceled in writing by the issuer. This
29   provision shall not limit the authority of any government agency
30   or private individual to institute civil, criminal or

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 1   disciplinary action against a person for a violation of a
 2   Commonwealth law or regulation. A recreational vehicle dealer
 3   who has a current bond in the amount of at least $30,000 on file
 4   with the Department of Transportation shall not be required to
 5   post a bond under this subsection.
 6      (c)   Out-of-State recreational vehicle dealers.--An out-of-
 7   State recreational vehicle dealer licensed in another state or
 8   jurisdiction or domiciled in another state or jurisdiction that
 9   does not require licensure shall register with the board on a
10   form prescribed by the board before participating in this
11   Commonwealth in a recreational vehicle show, recreational
12   vehicle off-premise sale, recreational vehicle exhibition or
13   recreational vehicle rally. The following apply:
14            (1)   Registration shall include all of the following:
15                  (i)    Notification of the out-of-State recreational
16            vehicle dealer's intent to participate in this
17            Commonwealth in a recreational vehicle show, recreational
18            vehicle off-premise sale, recreational vehicle exhibition
19            or recreational vehicle rally.
20                  (ii)    Agreement to comply with all Federal and State
21            laws and regulations relating to the buying, selling,
22            exchanging, titling, registration or financing of
23            recreational vehicles.
24                  (iii)    Agreement by the out-of-State recreational
25            vehicle dealer to submit to the jurisdiction of the
26            Commonwealth for purposes of disciplinary action of
27            imposition of a civil or criminal penalty or assessment
28            under subsection (b) resulting from a violation under
29            subparagraph (ii).
30                  (iv)    Evidence of the posting of a bond under

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 1        subsection (b).
 2              (v)    Payment of a participation fee.
 3              (vi)    A list of all individuals engaged as sales
 4        people for the out-of-State recreational vehicle dealer
 5        while operating in this Commonwealth.
 6        (2)   If the board has taken action within the last five
 7    years to sanction an out-of-State recreational vehicle
 8    dealer, the board may:
 9              (i)    refuse to accept the registration and
10        participation fee of the out-of-State recreational
11        vehicle dealer permanently or for a fixed period; and
12              (ii)    order that the out-of-State recreational
13        vehicle dealer be denied access to all recreational
14        vehicle shows, recreational vehicle off-premise sales,
15        recreational vehicle exhibitions and recreational vehicle
16        rallies in this Commonwealth.
17        (3)   An out-of-State recreational vehicle dealer licensed
18    in another state or jurisdiction or domiciled in a state or
19    jurisdiction that does not require licensure may participate
20    in this Commonwealth in a recreational vehicle show,
21    recreational vehicle off-premise sale, recreational vehicle
22    exhibition or recreational vehicle rally under the
23    circumstances set forth either in subparagraph (i) or (ii):
24              (i)    When the show, sale, exhibition or rally has
25        less than a total of 50 recreational vehicle dealers
26        participating with permission of the dealer's licensed
27        manufacturer and meets all of the following requirements:
28                     (A)   A minimum of ten recreational vehicle
29              dealers at the show are licensed in this
30              Commonwealth.

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 1                     (B)   More than 50% of the participating
 2              recreational vehicle dealers are licensed in this
 3              Commonwealth.
 4                     (C)   The state in which the out-of-State
 5              recreational vehicle dealer is licensed is contiguous
 6              to this Commonwealth and permits recreational vehicle
 7              dealers licensed in this Commonwealth to participate
 8              in recreational vehicle shows in that state under
 9              conditions substantially equivalent to the conditions
10              imposed upon dealers from that state to participate
11              in recreational vehicle shows in this Commonwealth.
12              (ii)    When the recreational vehicle show, sale,
13        exhibition or rally opens to the public, it has a total
14        of at least 50 recreational vehicle dealers from this
15        Commonwealth and from another state participating with
16        permission of the dealer's licensed manufacturer and
17        meets all of the following requirements:
18                     (A)   The show, sale, exhibition or rally is trade
19              oriented and predominantly funded by recreational
20              vehicle manufacturers.
21                     (B)   All of the participating dealers who are not
22              licensed in this Commonwealth are from a state
23              contiguous to this Commonwealth which permits
24              recreational vehicle dealers licensed in this
25              Commonwealth to participate in recreational vehicle
26              shows in that state under conditions substantially
27              equivalent to the conditions imposed upon dealers
28              from that state to participate in recreational
29              vehicle shows in this Commonwealth.
30        (4)   The board shall report a violation of Pennsylvania

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 1    law or regulation to the state or jurisdiction in which the
 2    out-of-State recreational vehicle dealer is licensed or
 3    domiciled.
 4        (5)   Forms for out-of-State recreational vehicle dealers
 5    shall be published in the Pennsylvania Bulletin and shall be
 6    maintained on the board's Internet website.
 7        (6)   The board may accept registration information and
 8    payment electronically.
 9        (7)   An out-of-State recreational vehicle dealer may not
10    participate in a recreational vehicle show, recreational
11    vehicle off-premise sale, recreational vehicle exhibition or
12    recreational vehicle rally in this Commonwealth, unless the
13    out-of-State recreational vehicle dealer satisfies at least
14    four of the listed activities at its facility in the
15    contiguous state in which it is licensed or domiciled that
16    does not require licensure:
17              (i)    Accepting delivery of new recreational vehicles
18        from the recreational vehicle dealer's manufacturer for
19        which the recreational vehicle dealer possesses an
20        agreement with the manufacturer to sell its new
21        recreational vehicles.
22              (ii)    Maintaining inventory and offering recreational
23        vehicles for sale to the public.
24              (iii)   Consummating and finalizing recreational
25        vehicle sales.
26              (iv)    Servicing or repairing recreational vehicles.
27              (v)    Delivering recreational vehicles to purchasers
28        with recreational vehicle titling, registrations issued
29        and taxes collected and paid to the dealer's appropriate
30        home state agencies.

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 1   Section 333.    Off-premise sales, shows, exhibitions or rallies
 2                 on Sundays.
 3          (1) The following shall be permitted to be open on
 4      Sundays:
 5                 (i)    Off-premise vehicle sales, shows and
 6          exhibitions.
 7                 (ii)    Recreational vehicle shows, recreational
 8          vehicle off-premise sales, recreational vehicle
 9          exhibitions and recreational vehicle rallies.
10          (2)     Except as provided in paragraphs (3) and (4), normal
11      vehicle business practices shall be allowed at off-premise
12      sales, vehicle shows or exhibitions on Sunday except that no
13      final sales contract may be consummated on a Sunday.
14          (3)     Normal vehicle business practices shall be allowed
15      at recreational vehicle shows, recreational vehicle off-
16      premise sales, recreational vehicle exhibitions and
17      recreational vehicle rallies. Recreational vehicle dealers
18      are permitted to consummate final sales contracts on Sundays.
19          (4)     Manufactured housing dealers are permitted to
20      consummate final sales contracts on Sundays.]
21      Section 4.       Section 502 of the act is amended by adding a
22   definition to read:
23   Section 502.    Definitions.
24      The following words and phrases when used in this chapter
25   shall have the meanings given to them in this section unless the
26   context clearly indicates otherwise:
27      * * *
28      "Recreational vehicle event."          A recreational vehicle show,
29   off-premise sale, exhibition or rally held by more than one
30   participating licensed dealer or manufacturer who display, sell

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 1   or attempt to sell recreational vehicles for a fixed and limited
 2   period of time which does not exceed 10 calendar days in a
 3   month, 20 days in three consecutive calendar months and 60 days
 4   in a calendar year. For the purpose of this definition, setup
 5   and teardown days and days when the events are not open shall be
 6   excluded from the calculation of the applicable time period.
 7      * * *
 8      Section 5.     Section 508(a), (b), (c) and (f) of the act are
 9   amended and subsection (h) is amended by adding a paragraph to
10   read:
11   Section 508.     Warranty obligations.
12      (a)   General rule.--Each warrantor shall:
13            (1)    Specify in writing to each of its dealer
14      obligations, if any, for preparation, delivery and warranty
15      service on its products.
16            (2)    Compensate the dealer for warranty service required
17      of the dealer by the warrantor.
18            [(3)    Provide to the dealer the schedule of compensation
19      to be paid and the time allowances for the performance of
20      work and service. The schedule of compensation must include
21      reasonable compensation for diagnostic work as well as
22      warranty labor.]
23            (4)    Permit the dealer to purchase warranty parts from a
24      supplier other than the warrantor.
25            (5)    Identify parts to be returned by the dealer at the
26      beginning of warranty repair process.
27      (b)   Time allowances and compensation.--Time allowances for
28   the diagnosis and performance of warranty labor must be
29   reasonable for the work to be performed. [In the determination
30   of what constitutes reasonable compensation under this section,

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 1   the principal factors to be given consideration shall be the
 2   actual wage rates being paid by the dealer and the actual retail
 3   labor rate being charged by the dealers in the community in
 4   which the dealer is doing business. The compensation of a dealer
 5   for warranty labor may not be less than the posted labor rates
 6   actually charged by the dealer for similar nonwarranty labor as
 7   long as the rates are reasonable.] Compensation for labor used
 8   for warranty service, including diagnostics and repairs, shall
 9   be at a dealer's retail rate. A dealer's hourly retail rate for
10   labor shall be established by the dealer submitting the lesser
11   of the following orders to the manufacturer or distributor,
12   which cover repairs made no more than 180 days before the
13   submission:
14            (1)   One hundred sequential nonwarranty customer-paid
15      service repair orders.
16            (2)   Ninety consecutive days of nonwarranty customer-paid
17      service repair orders.
18      (c)   Reimbursement.--The warrantor shall reimburse the dealer
19   for the following:
20            (1)   All warranty parts at actual wholesale cost plus a
21      minimum 30% handling charge and [the cost] all shipping
22      costs, including return shipping costs, if any, [of freight]
23      to return warranty parts to the warrantor.
24            (2)   A minimum 30% handling charge of the wholesale cost
25      of warranty parts if the parts were sent to the dealer at no
26      charge.
27      * * *
28      (f)   Warrantor notification.--If a dealer receives a [written
29   or verbal] complaint from a consumer relative to a warranty
30   repair, the dealer must notify the warrantor about the complaint

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 1   in writing within [10] 60 business days of [receiving the
 2   complaint] scheduled repairs if the dealer cannot satisfy the
 3   consumer's complaint.
 4      * * *
 5      (h)   Violation.--It is a violation of this chapter for a
 6   warrantor to:
 7            * * *
 8            (7)   Change the warranty of a recreational vehicle once
 9      the dealer has taken possession of the recreational vehicle.
10      * * *
11      Section 6.    The act is amended by adding sections to read:
12   Section 511.1.    Recreational vehicle events.
13      (a)   Participation.--A recreational vehicle dealer,
14   salesperson, distributor, manufacturer or manufacturer's
15   representative licensed under this act may participate in a
16   recreational vehicle event. A recreational vehicle dealer shall
17   be permitted to conduct a recreational vehicle event at its
18   established place of business. Except when a recreational
19   vehicle dealer or salesperson is participating in a recreational
20   vehicle event under subsection (c)(3)(i) or (ii), a recreational
21   vehicle dealer or salesperson may not participate in a
22   recreational vehicle event outside of the dealer's area of sales
23   responsibility if the dealer is the only participating dealer in
24   the event.
25      (b)   Bond required.--Any person acting as a recreational
26   vehicle dealer in this Commonwealth shall have posted a bond
27   payable to the Commonwealth in the amount of $30,000 to ensure
28   compliance with all Commonwealth laws and regulations. The bond
29   shall be executed by a surety company authorized to transact
30   business in this Commonwealth. The bond shall be security for

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 1   any claim filed by an agency of the Commonwealth, for moneys
 2   due, including unpaid taxes, fees, licenses, payment of a
 3   criminal penalty or fine after conviction or payment of a civil
 4   penalty or monetary amount after the entry of judgment. The bond
 5   shall remain valid until canceled in writing by the issuer. This
 6   provision shall not limit the authority of any government agency
 7   or private individual to institute civil, criminal or
 8   disciplinary action against a person for a violation of a
 9   Commonwealth law or regulation. A recreational vehicle dealer
10   who has a current bond in the amount of at least $30,000 on file
11   with the Department of Transportation shall not be required to
12   post a bond under this subsection.
13      (c)   Out-of-State recreational vehicle dealers.--An out-of-
14   State recreational vehicle dealer licensed in another state or
15   jurisdiction or domiciled in another state or jurisdiction that
16   does not require licensure shall register with the board on a
17   form prescribed by the board before participating in this
18   Commonwealth in a recreational vehicle event. The following
19   apply:
20            (1)   Registration shall include all of the following:
21                  (i)    Notification of the out-of-State recreational
22            vehicle dealer's intent to participate in this
23            Commonwealth in a recreational vehicle event.
24                  (ii)    Agreement to comply with all Federal and State
25            laws and regulations relating to the buying, selling,
26            exchanging, titling, registration or financing of
27            recreational vehicles.
28                  (iii)    Agreement by the out-of-State recreational
29            vehicle dealer to submit to the jurisdiction of the
30            Commonwealth for purposes of disciplinary action of

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 1        imposition of a civil or criminal penalty or assessment
 2        under subsection (b) resulting from a violation under
 3        subparagraph (ii).
 4              (iv)    Evidence of the posting of a bond under
 5        subsection (b).
 6              (v)    Payment of a participation fee.
 7              (vi)    A list of all individuals engaged as sales
 8        people for the out-of-State recreational vehicle dealer
 9        while operating in this Commonwealth.
10        (2)   If the board has taken action within the last five
11    years to sanction an out-of-State recreational vehicle
12    dealer, the board may:
13              (i)    refuse to accept the registration and
14        participation fee of the out-of-State recreational
15        vehicle dealer permanently or for a fixed period; and
16              (ii)    order that the out-of-State recreational
17        vehicle dealer be denied access to all recreational
18        vehicle events in this Commonwealth.
19        (3)   An out-of-State recreational vehicle dealer licensed
20    in another state or jurisdiction or domiciled in a state or
21    jurisdiction that does not require licensure may participate
22    in this Commonwealth in a recreational vehicle event under
23    the circumstances specified either in subparagraph (i) or
24    (ii):
25              (i)    When the event has less than a total of 50
26        recreational vehicle dealers participating with
27        permission of the dealer's licensed manufacturer and
28        meets all of the following requirements:
29                     (A)   A minimum of 10 recreational vehicle dealers
30              at the event are licensed in this Commonwealth.

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 1                     (B)   More than 50% of the participating
 2              recreational vehicle dealers are licensed in this
 3              Commonwealth.
 4                     (C)   The state in which the out-of-State
 5              recreational vehicle dealer is licensed is contiguous
 6              to this Commonwealth and permits recreational vehicle
 7              dealers licensed in this Commonwealth to participate
 8              in recreational vehicle events in that state under
 9              conditions substantially equivalent to the conditions
10              imposed upon dealers from that state to participate
11              in recreational vehicle events in this Commonwealth.
12              (ii)    When the recreational vehicle event opens to
13        the public, it has a total of at least 50 recreational
14        vehicle dealers from this Commonwealth and from another
15        state participating with permission of the dealer's
16        licensed manufacturer and meets all of the following
17        requirements:
18                     (A)   The event is trade oriented and
19              predominantly funded by recreational vehicle
20              manufacturers.
21                     (B)   All of the participating dealers who are not
22              licensed in this Commonwealth are from a state
23              contiguous to this Commonwealth which permits
24              recreational vehicle dealers licensed in this
25              Commonwealth to participate in recreational vehicle
26              events in that state under conditions substantially
27              equivalent to the conditions imposed upon dealers
28              from that state to participate in recreational
29              vehicle events in this Commonwealth.
30        (4)   The board shall report a violation of Pennsylvania

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 1    law or regulation to the state or jurisdiction in which the
 2    out-of-State recreational vehicle dealer is licensed or
 3    domiciled.
 4        (5)   Forms for out-of-State recreational vehicle dealers
 5    shall be transmitted to the Legislative Reference Bureau for
 6    publication in the next available issue of the Pennsylvania
 7    Bulletin and shall be maintained on the board's publicly
 8    accessible Internet website.
 9        (6)   The board may accept registration information and
10    payment electronically.
11        (7)   An out-of-State recreational vehicle dealer may not
12    participate in a recreational vehicle event in this
13    Commonwealth, unless the out-of-State recreational vehicle
14    dealer satisfies at least four of the listed activities at
15    its facility in the contiguous state in which it is licensed
16    or domiciled that does not require licensure:
17              (i)    Accepting delivery of new recreational vehicles
18        from the recreational vehicle dealer's manufacturer for
19        which the recreational vehicle dealer possesses an
20        agreement with the manufacturer to sell its new
21        recreational vehicles.
22              (ii)    Maintaining inventory and offering recreational
23        vehicles for sale to the public.
24              (iii)   Consummating and finalizing recreational
25        vehicle sales.
26              (iv)    Servicing or repairing recreational vehicles.
27              (v)    Delivering recreational vehicles to purchasers
28        with recreational vehicle titling, registrations issued
29        and taxes collected and paid to the dealer's appropriate
30        home state agencies.

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 1   Section 511.2.   Recreational vehicle events on Sundays.
 2      The following shall apply:
 3          (1)   Recreational vehicle events shall be permitted to be
 4      open on Sundays.
 5          (2)   Except as provided in paragraphs (3) and (4), normal
 6      vehicle business practices shall be allowed at recreational
 7      vehicle events on Sunday except that no final sales contract
 8      may be consummated on a Sunday.
 9          (3)   Normal vehicle business practices shall be allowed
10      at recreational vehicle events. Recreational vehicle dealers
11      are permitted to consummate final sales contracts on Sundays.
12          (4)   Manufactured housing dealers are permitted to
13      consummate final sales contracts on Sundays.
14      Section 7.    This act shall take effect in 60 days.




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