Rep. Greg Harris
Filed: 3/15/2012
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 5470




2    AMENDMENT NO. ______. Amend House Bill 5470 by replacing 
3everything after the enacting clause with the following:


 
 
4    "Section 1. Short title. This Act may be cited as the Used 
5Wireless Communication Device Dealer Act.
 
6    Section 5. Wireless Communication Device Dealer defined. A 
7business entity that uses cash to purchase or otherwise obtain 
8any previously owned cellular telephones (hereinafter 
9"device") for the purpose of resale or recycling is defined to 
10be a used wireless communication device dealer (hereinafter 
11"dealer").
 
12    Section 10. Record requirements. 
13    (a) At the time of sale, the dealer shall require 
14identification from each person selling or transferring any 
15previously owned device including, but not limited to, a 
 
 
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1driver's license, social security card, utility bill, employee 
2or student identification card, credit card, or a civic, union, 
3or professional association membership card.
4    If the identification shown is a driver's license or a 
5State identification card issued by the Secretary of State and 
6contains a photograph of the person being identified, only one 
7form of identification must be shown. If the identification 
8shown is not a driver's license or a State identification card 
9issued by the Secretary of State and does not contain a 
10photograph, 2 forms of identification must be shown, and one of 
11the 2 forms of identification must include his or her residence 
12address.
13    (b) A dealer shall maintain a record book and record at the 
14time of sale  the name and residence of any person selling any 
15previously owned device.
16    (c) At time time of sale, the dealer shall record the 
17following information regarding any previously owned device 
18sold or transferred to the dealer:
19        (1) The make of the device.
20        (2) The model of the device.
21        (3) Any serial number  or identification number on the 
22    device.
23        (4) The password or passcode, if any, necessary for 
24    operating the device.
25    (d) At the time of sale, the dealer shall record the amount 
26paid for any device sold or transferred to the dealer.
 
 
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1    (e) No entry in such a record shall be erased, mutilated, 
2or changed.
 
3    Section 15. Reporting requirements.
4    (a) The  records referred to in Section 10 shall be kept and 
5maintained for not less than 2 years.
6    (b) The records referred to in Section 10 shall be made 
7available for inspection and copying for any law enforcement 
8officer upon request.
 
9    Section 20. Penalties. Any person who knowingly violates 
10the provisions of this Act shall, for the first offense, be 
11guilty of a Class C misdemeanor, and for every subsequent 
12offense shall be guilty of a Class A misdemeanor.
 
13    Section 25. Exemptions. This Act does not apply to:
14        (1) any provider of wireless services, including, but 
15    not limited to, private radio service, public mobile 
16    service, or commercial mobile service, as those terms are 
17    defined in 47 U.S.C. 332 on the effective date of this Act, 
18    or to any of such provider's affiliates, agents, authorized 
19    dealers, retail locations, or franchised retail locations; 
20    or
21        (2) any person licensed under the Illinois Insurance 
22    Code, including insurers, insurance producers, and service 
23    contract providers or any of such person's affiliates, 
 
 
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1    agents, vendors, or contractors.
 
 
2    Section 99. Effective date. This Act takes effect January 
31, 2013.".