Public Act 099-0327
SB0066 EnrolledLRB099 04020 HAF 24038 b

    AN ACT concerning regulation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Resale Dealers Act is amended by changing
Section 5 as follows:
    (815 ILCS 398/5)
    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
    "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
    "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.
    "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
    "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.)

Effective Date: 1/1/2016