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| Public Act 099-0327 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Resale Dealers Act is amended by changing | ||||
Section 5 as follows: | ||||
(815 ILCS 398/5)
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Sec. 5. Definitions. For the purposes of this Act: | ||||
"Appropriate law enforcement official" means the sheriff | ||||
of the county where a resale dealer is located or, if the | ||||
resale dealer is located within a municipality, the police | ||||
chief of the municipality, provided, however, that the sheriff | ||||
or police chief may designate an appropriate official of the | ||||
county or municipality as applicable. | ||||
"Precious metals" means any item containing gold, silver, | ||||
platinum, palladium, or rhodium or any combination of gold, | ||||
silver, platinum, palladium, or rhodium. "Precious metals" do | ||||
not include items containing any chemical or any automotive, | ||||
photographic, electrical, medical or dental materials, or | ||||
electronic parts, except for those containing precious metals. | ||||
"Recyclable metal" means items made of copper, brass, or | ||||
aluminum. | ||||
"Repair and refurbishment program" means a program, | ||||
offered by a wireless telephone service provider, | ||||
manufacturer, or retailer who is not primarily engaged in | ||
purchasing personal property of any type from a person who is | ||
not a wholesaler, through which used or previously owned | ||
wireless communications devices are restored to good working | ||
order. | ||
"Resale dealer" means any individual, firm, corporation, | ||
or partnership engaged in the business of operating a business | ||
for profit, which buys, sells, possesses on consignment for | ||
sale, or trades jewelry, stamps, electronic equipment, | ||
including wireless communications devices, or any precious | ||
metals that have been previously owned by a consumer. The term | ||
"resale dealer" includes without limitation: | ||
(1) businesses commonly known as swapshop operators, | ||
cash for gold operators, and jewelers that purchase and | ||
resell items from persons other than dealers possessing a | ||
federal employee identification number and suppliers and | ||
engage in disassembling for
purposes other than | ||
appraisals, melting, or otherwise altering jewelry; or . | ||
(2) any individual, partnership, limited partnership, | ||
limited liability company, corporation, or other entity | ||
engaged in the business of buying or selling used wireless | ||
communications devices. | ||
The term "resale dealer" does not include pawnbrokers, coin | ||
dealers, providers of commercial mobile services as defined in | ||
47 U.S.C. 332(d) or their authorized dealers, or retail | ||
merchants that do not purchase previously owned items directly | ||
from the public at the retail location, or a wireless telephone | ||
service provider, retailer, or entity who has 25 or more | ||
locations in this State who acquires wireless communications | ||
devices for the purpose of recycling or refurbishment or as | ||
part of a trade-in or a repair and refurbishment program or a | ||
business engaged in manufacturing wireless communications | ||
devices who acquires the devices as part of a trade-in program. | ||
The fact that any business does any of the following acts shall | ||
be prima facie proof that such business is a resale dealer: (i) | ||
advertises in any fashion, including through media | ||
advertisements, websites, telephone listings, or signs on the | ||
exterior or interior of buildings, that it buys or sells used | ||
items and (ii) devotes a significant segment or section of the | ||
business premises to the purchase or sale of used items.
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"Trade-in program" means a program offered by a wireless | ||
telephone service provider, manufacturer, or retailer who is | ||
not primarily engaged in purchasing personal property of any | ||
type from a person who is not a wholesaler, pursuant to which | ||
used wireless communications devices are accepted from | ||
customers for trade-in when purchasing a new device or in | ||
exchange for a noncash credit usable only for the purchase of | ||
goods or services from the wireless telephone service provider, | ||
manufacturer, or retailer or a rebate from a manufacturer on | ||
the purchase of one of the manufacturer's wireless | ||
communications devices. | ||
"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 the user to engage | ||
in voice communications via commercial mobile radio service, as | ||
defined in 47 CFR 20.3; and (4) is capable of operating on a | ||
long-term evolution network and successor wireless data | ||
network communication standards. Capabilities a wireless | ||
communications 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 message phone, a laptop computer, | ||
tablet device, or a device that has only electronic reading | ||
capability. | ||
"Wireless telephone service provider" means a provider of | ||
wireless telephone services and its authorized dealers, | ||
distributors, and agents. | ||
(Source: P.A. 98-1096, eff. 1-1-15.)
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