LEGISLATIVE ALERT
TO: Manufacturers, Distributors and Pennsylvania Dealers
FROM: Darrell Smith, Executive Director of the IWFA
DATE: April 3, 2007
SUBJECT: Pennsylvania Senate Bill 543
Senate Bill 586, which was introduced on March 19, 2007, relates to
the prohibition of unfair methods of competition and unfair or
deceptive acts
or practices in the conduct of business. This legislation provides
the
Attorney General and District Attorneys powers, duties and provides
penalties for business practices.
The specific statutory amendments add language that specifies that
“contracting with a purchaser for an alteration or modification to a
motor vehicle, including tinting of a
motor vehicle, that will cause the motor
vehicle to violate state motor vehicle safety inspection laws and
regulations and
failing to inform the purchaser that the alteration or modification
will cause
such violation.”
The sponsor and chief patron of the legislation was attempting to
address
the illegal tint that is being applied to vehicles in Pennsylvania.
The
Senator selected the business section of the law to provide a fine
structure
for those that install illegal film when they know the current legal
standards. This legislation was
introduced in 2006 and has not been advanced.
There are a number of issues with the proposed legislation that
relate to
the type of film, commercial or automotive, current law, and
identifying a specific
product or industry.
The Senator was made aware that there are legislative initiatives
being considered by the House that would
address the film issue and was
receptive to having information sent to him in the future relative
to other approaches to addressing illegal film installation in the
state. The IWFA
supports reasonable legislation, consistent enforcement, and
penalties for violations but does not feel this
legislation will address the problem.