Full Text of SB0066 99th General Assembly
SB0066ham002 99TH GENERAL ASSEMBLY | Rep. La Shawn K. Ford Filed: 5/11/2015
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| 1 | | AMENDMENT TO SENATE BILL 66
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 66 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Resale Dealers Act is amended by changing | 5 | | Section 5 as follows: | 6 | | (815 ILCS 398/5)
| 7 | | Sec. 5. Definitions. For the purposes of this Act: | 8 | | "Appropriate law enforcement official" means the sheriff | 9 | | of the county where a resale dealer is located or, if the | 10 | | resale dealer is located within a municipality, the police | 11 | | chief of the municipality, provided, however, that the sheriff | 12 | | or police chief may designate an appropriate official of the | 13 | | county or municipality as applicable. | 14 | | "Precious metals" means any item containing gold, silver, | 15 | | platinum, palladium, or rhodium or any combination of gold, | 16 | | silver, platinum, palladium, or rhodium. "Precious metals" do |
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| 1 | | not include items containing any chemical or any automotive, | 2 | | photographic, electrical, medical or dental materials, or | 3 | | electronic parts, except for those containing precious metals. | 4 | | "Recyclable metal" means items made of copper, brass, or | 5 | | aluminum. | 6 | | "Repair and refurbishment program" means a program, | 7 | | offered by a wireless telephone service provider, | 8 | | manufacturer, or retailer who is not primarily engaged in | 9 | | purchasing personal property of any type from a person who is | 10 | | not a wholesaler, through which used or previously owned | 11 | | wireless communications devices are restored to good working | 12 | | order. | 13 | | "Resale dealer" means any individual, firm, corporation, | 14 | | or partnership engaged in the business of operating a business | 15 | | for profit, which buys, sells, possesses on consignment for | 16 | | sale, or trades jewelry, stamps, electronic equipment, | 17 | | including wireless communication devices, or any precious | 18 | | metals that have been previously owned by a consumer. The term | 19 | | "resale dealer" includes without limitation : | 20 | | (1) businesses commonly known as swapshop operators, | 21 | | cash for gold operators, and jewelers that purchase and | 22 | | resell items from persons other than dealers possessing a | 23 | | federal employee identification number and suppliers and | 24 | | engage in disassembling for
purposes other than | 25 | | appraisals, melting, or otherwise altering jewelry ; or . | 26 | | (2) any individual, partnership, limited partnership, |
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| 1 | | limited liability company, corporation, or other entity | 2 | | engaged in the business of buying or selling used wireless | 3 | | communication devices. | 4 | | The term "resale dealer" does not include pawnbrokers, coin | 5 | | dealers, providers of commercial mobile services as defined in | 6 | | 47 U.S.C. 332(d) or their authorized dealers, or retail | 7 | | merchants that do not purchase previously owned items directly | 8 | | from the public at the retail location , or a wireless telephone | 9 | | service provider or retailer who has 25 or more locations in | 10 | | this State who acquires wireless communications devices as part | 11 | | of a trade-in or a repair and refurbishment program or a | 12 | | business engaged in manufacturing wireless communications | 13 | | devices who acquires the devices as part of a trade-in program . | 14 | | The fact that any business does any of the following acts shall | 15 | | be prima facie proof that such business is a resale dealer: (i) | 16 | | advertises in any fashion, including through media | 17 | | advertisements, websites, telephone listings, or signs on the | 18 | | exterior or interior of buildings, that it buys or sells used | 19 | | items and (ii) devotes a significant segment or section of the | 20 | | business premises to the purchase or sale of used items.
| 21 | | "Trade-in program" means a program offered by a wireless | 22 | | telephone service provider, manufacturer, or retailer who is | 23 | | not primarily engaged in purchasing personal property of any | 24 | | type from a person who is not a wholesaler, pursuant to which | 25 | | used wireless communications devices are accepted from | 26 | | customers for trade-in when purchasing a new device or in |
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| 1 | | exchange for a noncash credit usable only for the purchase of | 2 | | goods or services from the wireless telephone service provider, | 3 | | manufacturer, or retailer or a rebate from a manufacturer on | 4 | | the purchase of one of the manufacturer's wireless | 5 | | communications devices. | 6 | | "Wireless communications device" means a hand-held | 7 | | cellular phone or other hand-held mobile device that (1) is | 8 | | built on a smart phone mobile operating system; (2) possesses | 9 | | advanced computing capability; (3) enables the user to engage | 10 | | in voice communications via commercial mobile radio service, as | 11 | | defined in 47 CFR 20.3; and (4) is capable of operating on a | 12 | | long-term evolution network and successor wireless data | 13 | | network communication standards. Capabilities a wireless | 14 | | communications device may possess include, but are not limited | 15 | | to, built-in applications, Internet access, digital voice | 16 | | service, text messaging, email, and web browsing. "Wireless | 17 | | communications device" does not include a phone commonly | 18 | | referred to as a feature or message phone, a laptop computer, | 19 | | tablet device, or a device that has only electronic reading | 20 | | capability. | 21 | | "Wireless telephone service provider" means a provider of | 22 | | wireless telephone services and its authorized dealers, | 23 | | distributors, and agents. | 24 | | (Source: P.A. 98-1096, eff. 1-1-15 .)".
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