Full Text of HB5470 97th General Assembly
HB5470ham001 97TH GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Used | 5 | | Wireless Communication Device Dealer Act. | 6 | | Section 5. Wireless Communication Device Dealer defined. A | 7 | | business entity that uses cash to purchase or otherwise obtain | 8 | | any previously owned cellular telephones (hereinafter | 9 | | "device") for the purpose of resale or recycling is defined to | 10 | | be 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 | 14 | | identification from each person selling or transferring any | 15 | | previously owned device including, but not limited to, a |
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| 1 | | driver's license, social security card, utility bill, employee | 2 | | or student identification card, credit card, or a civic, union, | 3 | | or professional association membership card. | 4 | | If the identification shown is a driver's license or a | 5 | | State identification card issued by the Secretary of State and | 6 | | contains a photograph of the person being identified, only one | 7 | | form of identification must be shown. If the identification | 8 | | shown is not a driver's license or a State identification card | 9 | | issued by the Secretary of State and does not contain a | 10 | | photograph, 2 forms of identification must be shown, and one of | 11 | | the 2 forms of identification must include his or her residence | 12 | | address. | 13 | | (b) A dealer shall maintain a record book and record at the | 14 | | time of sale the name and residence of any person selling any | 15 | | previously owned device. | 16 | | (c) At time time of sale, the dealer shall record the | 17 | | following information regarding any previously owned device | 18 | | sold 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 | 26 | | paid 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, | 2 | | or changed. | 3 | | Section 15. Reporting requirements. | 4 | | (a) The records referred to in Section 10 shall be kept and | 5 | | maintained for not less than 2 years. | 6 | | (b) The records referred to in Section 10 shall be made | 7 | | available for inspection and copying for any law enforcement | 8 | | officer upon request. | 9 | | Section 20. Penalties. Any person who knowingly violates | 10 | | the provisions of this Act shall, for the first offense, be | 11 | | guilty of a Class C misdemeanor, and for every subsequent | 12 | | offense 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 | 3 | | 1, 2013.".
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