P.L. 1997, CHAPTER 86, approved May 5, 1997
Senate, No. 765
An Act concerning Sunday sales and amending P.L.1955, c.254.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1955, c.254 (C.2A:171-1.2) is amended to read as follows:
2. The following definitions shall apply for the words or terms used in this act unless other meaning is clearly apparent from the language or context:
"Motor vehicle" means and includes all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and manufactured homes as defined in section 3 of P.L.1983, c.400 (C.54:4-1.4).
"New motor vehicle" means only newly manufactured motor vehicles and includes but is not limited to motorcycles, trailers, trucks, passenger cars and tractors.
"Used motor vehicle" means every motor vehicle, title to, or possession of, which has been transferred from the person who first acquired it from the manufacturer or dealer and has been so used as to become or is commonly known as secondhand within the ordinary meaning thereof, and includes every motor vehicle other than a new motor vehicle, including but not limited to motorcycles, trailers, tractors, trucks and passenger cars.
"Person" includes natural persons, firms, partnerships, corporations, associations or other artificial bodies, trustees, receiver and officers, employees, agents, and others acting for or on behalf of any person.
(cf: P.L.1955, c.254, s.2)
2. This act shall take effect immediately.
This bill would enable a manufactured home to be treated other than as a motor vehicle for purposes of Sunday sales by the manufactured housing industry. At present, those in this industry who sell manufactured homes on Sunday risk fines of as much as $750 and imprisonment for six months, or both, for a third offense.
With the enactment of P.L.1994, c.150, New Jersey licensed real estate brokers were permitted to offer brokerage sales services of manufactured housing to leased land community residents. Since the real estate industry is permitted to be open on Sunday, the products of the manufactured housing industry, manufactured homes, may be sold at that time only by licensed real estate brokers. This has resulted in a brokerage advantage for licensed real estate brokers.
This bill amends the definition of "motor vehicle" to exclude manufactured homes, as defined in section 3 of P.L.1983, c.400 (C.54:4-1.4). The consumer would no longer be deprived of access on Sundays to knowledgeable sales services from the manufactured housing community.
Permits Sunday sales of manufactured homes.