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Rep. La Shawn K. Ford
Filed: 5/7/2015
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1 | | AMENDMENT TO SENATE BILL 66
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2 | | AMENDMENT NO. ______. Amend Senate Bill 66 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Resale Dealers Act is amended by changing |
5 | | Section 5 as follows: |
6 | | (815 ILCS 398/5)
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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. This paragraph (2) does not include |
4 | | a wireless telephone service provider or retailer who has |
5 | | 25 or more locations in this State who acquires wireless |
6 | | communications devices as part of a trade-in or a repair |
7 | | and refurbishment program or a business engaged in |
8 | | manufacturing wireless communications devices who acquires |
9 | | the devices as part of a trade-in program. |
10 | | The term "resale dealer" does not include pawnbrokers, coin |
11 | | dealers, providers of commercial mobile services as defined in |
12 | | 47 U.S.C. 332(d) or their authorized dealers, or retail |
13 | | merchants that do not purchase previously owned items directly |
14 | | from the public at the retail location. The fact that any |
15 | | business does any of the following acts shall be prima facie |
16 | | proof that such business is a resale dealer: (i) advertises in |
17 | | any fashion, including through media advertisements, websites, |
18 | | telephone listings, or signs on the exterior or interior of |
19 | | buildings, that it buys or sells used items and (ii) devotes a |
20 | | significant segment or section of the business premises to the |
21 | | purchase or sale of used items.
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22 | | "Trade-in program" means a program offered by a wireless |
23 | | telephone service provider, manufacturer, or retailer who is |
24 | | not primarily engaged in purchasing personal property of any |
25 | | type from a person who is not a wholesaler, pursuant to which |
26 | | used wireless communications devices are accepted from |
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1 | | customers for trade-in when purchasing a new device or in |
2 | | exchange for a noncash credit usable only for the purchase of |
3 | | goods or services from the wireless telephone service provider, |
4 | | manufacturer, or retailer or a rebate from a manufacturer on |
5 | | the purchase of one of the manufacturer's wireless |
6 | | communications devices. |
7 | | "Wireless communications device" means a hand-held |
8 | | cellular phone or other hand-held mobile device that (1) is |
9 | | built on a smart phone mobile operating system; (2) possesses |
10 | | advanced computing capability; (3) enables the user to engage |
11 | | in voice communications via commercial mobile radio service, as |
12 | | defined in 47 CFR 20.3; and (4) is capable of operating on a |
13 | | long-term evolution network and successor wireless data |
14 | | network communication standards. Capabilities a wireless |
15 | | communications device may possess include, but are not limited |
16 | | to, built-in applications, Internet access, digital voice |
17 | | service, text messaging, email, and web browsing. "Wireless |
18 | | communications device" does not include a phone commonly |
19 | | referred to as a feature or message phone, a laptop computer, |
20 | | tablet device, or a device that has only electronic reading |
21 | | capability. |
22 | | "Wireless telephone service provider" means a provider of |
23 | | wireless telephone services and its authorized dealers, |
24 | | distributors, and agents. |
25 | | (Source: P.A. 98-1096, eff. 1-1-15 .)".
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