SB0066sam001 99TH GENERAL ASSEMBLY

Sen. Ira I. Silverstein

Filed: 3/13/2015

09900SB0066sam001 LRB099 04020 AMC 32470 a

AMENDMENT TO SENATE BILL 66

AMENDMENT NO. ______. Amend Senate Bill 66 on page 2, line 3, by replacing "in exchange for either" with "for trade-in when purchasing a new device or in exchange for"; and

on page 2, by replacing lines 8 through 11 with the following:

""Wireless communications device" means a hand-held cellular phone or other hand-held mobile device that (1) is built on a smart phone mobile operating system; (2) possesses advanced computing capability; (3) enables network connectivity; (4) enables the user to engage in voice communications via commercial mobile radio service, as defined in 47 CFR 20.3; and (5) is capable of operating on a long-term evolution network and successor wireless data network communication standards. Capabilities a wireless communication device may possess include, but are not limited to, built-in applications, Internet access, digital voice service, text messaging, email, and web browsing. "Wireless communications device" does not include a phone commonly referred to as a feature or messaging phone, a laptop computer, a tablet device, or a device that has only electronic reading capability."; and

by replacing line 21 on page 8 through line 9 on page 9 with the following:

"Section 40. Application of Act.

(a) This Act does not apply with respect to a wireless communications device returned pursuant to the return policies of the wireless communications device dealer, wireless telephone service provider, manufacturer, or retailer from whom it was originally purchased.

(b) This Act does not apply to:

(1) a wireless telephone service provider who acquires wireless communications devices as part of a trade-in or a repair and refurbishment program; or

(2) a manufacturer who acquires wireless communications devices as part of a trade-in program.

(c) This Act does not apply to wireless communications device dealers regulated under the Pawnbroker Regulation Act.".