Bill Text: IL SB0066 | 2015-2016 | 99th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Creates the Smart Phone Theft Protection Act. Requires wireless communications device dealers to maintain a written record of every purchase or acquisition of a used wireless communications device for resale. Sets forth information that must be included in the written record. Provides that a law enforcement agency that has probable cause to believe a device has been stolen or is evidence of a crime may place an investigative hold on or confiscate the device. Requires the installation of video security cameras at a dealer's physical location. Provides that a violation of the Act is a Class B misdemeanor. Provides exemption from the application of the Act, including dealers who acquire devices for trade-in, or repair and refurbishment programs.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2015-08-10 - Public Act . . . . . . . . . 99-0327 [SB0066 Detail]
Download: Illinois-2015-SB0066-Enrolled.html
Bill Title: Creates the Smart Phone Theft Protection Act. Requires wireless communications device dealers to maintain a written record of every purchase or acquisition of a used wireless communications device for resale. Sets forth information that must be included in the written record. Provides that a law enforcement agency that has probable cause to believe a device has been stolen or is evidence of a crime may place an investigative hold on or confiscate the device. Requires the installation of video security cameras at a dealer's physical location. Provides that a violation of the Act is a Class B misdemeanor. Provides exemption from the application of the Act, including dealers who acquire devices for trade-in, or repair and refurbishment programs.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2015-08-10 - Public Act . . . . . . . . . 99-0327 [SB0066 Detail]
Download: Illinois-2015-SB0066-Enrolled.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Resale Dealers Act is amended by changing | ||||||
5 | Section 5 as follows:
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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 | ||||||
17 | not include items containing any chemical or any automotive, | ||||||
18 | photographic, electrical, medical or dental materials, or | ||||||
19 | electronic parts, except for those containing precious metals. | ||||||
20 | "Recyclable metal" means items made of copper, brass, or | ||||||
21 | aluminum. | ||||||
22 | "Repair and refurbishment program" means a program, | ||||||
23 | offered by a wireless telephone service provider, |
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1 | manufacturer, or retailer who is not primarily engaged in | ||||||
2 | purchasing personal property of any type from a person who is | ||||||
3 | not a wholesaler, through which used or previously owned | ||||||
4 | wireless communications devices are restored to good working | ||||||
5 | order. | ||||||
6 | "Resale dealer" means any individual, firm, corporation, | ||||||
7 | or partnership engaged in the business of operating a business | ||||||
8 | for profit, which buys, sells, possesses on consignment for | ||||||
9 | sale, or trades jewelry, stamps, electronic equipment, | ||||||
10 | including wireless communications devices, or any precious | ||||||
11 | metals that have been previously owned by a consumer. The term | ||||||
12 | "resale dealer" includes without limitation : | ||||||
13 | (1) businesses commonly known as swapshop operators, | ||||||
14 | cash for gold operators, and jewelers that purchase and | ||||||
15 | resell items from persons other than dealers possessing a | ||||||
16 | federal employee identification number and suppliers and | ||||||
17 | engage in disassembling for
purposes other than | ||||||
18 | appraisals, melting, or otherwise altering jewelry ; or . | ||||||
19 | (2) any individual, partnership, limited partnership, | ||||||
20 | limited liability company, corporation, or other entity | ||||||
21 | engaged in the business of buying or selling used wireless | ||||||
22 | communications devices. | ||||||
23 | The term "resale dealer" does not include pawnbrokers, coin | ||||||
24 | dealers, providers of commercial mobile services as defined in | ||||||
25 | 47 U.S.C. 332(d) or their authorized dealers, or retail | ||||||
26 | merchants that do not purchase previously owned items directly |
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1 | from the public at the retail location , or a wireless telephone | ||||||
2 | service provider, retailer, or entity who has 25 or more | ||||||
3 | locations in this State who acquires wireless communications | ||||||
4 | devices for the purpose of recycling or refurbishment or as | ||||||
5 | part of a trade-in or a repair and refurbishment program or a | ||||||
6 | business engaged in manufacturing wireless communications | ||||||
7 | devices who acquires the devices as part of a trade-in program . | ||||||
8 | The fact that any business does any of the following acts shall | ||||||
9 | be prima facie proof that such business is a resale dealer: (i) | ||||||
10 | advertises in any fashion, including through media | ||||||
11 | advertisements, websites, telephone listings, or signs on the | ||||||
12 | exterior or interior of buildings, that it buys or sells used | ||||||
13 | items and (ii) devotes a significant segment or section of the | ||||||
14 | business premises to the purchase or sale of used items.
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15 | "Trade-in program" means a program offered by a wireless | ||||||
16 | telephone service provider, manufacturer, or retailer who is | ||||||
17 | not primarily engaged in purchasing personal property of any | ||||||
18 | type from a person who is not a wholesaler, pursuant to which | ||||||
19 | used wireless communications devices are accepted from | ||||||
20 | customers for trade-in when purchasing a new device or in | ||||||
21 | exchange for a noncash credit usable only for the purchase of | ||||||
22 | goods or services from the wireless telephone service provider, | ||||||
23 | manufacturer, or retailer or a rebate from a manufacturer on | ||||||
24 | the purchase of one of the manufacturer's wireless | ||||||
25 | communications devices. | ||||||
26 | "Wireless communications device" means a hand-held |
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1 | cellular phone or other hand-held mobile device that (1) is | ||||||
2 | built on a smart phone mobile operating system; (2) possesses | ||||||
3 | advanced computing capability; (3) enables the user to engage | ||||||
4 | in voice communications via commercial mobile radio service, as | ||||||
5 | defined in 47 CFR 20.3; and (4) is capable of operating on a | ||||||
6 | long-term evolution network and successor wireless data | ||||||
7 | network communication standards. Capabilities a wireless | ||||||
8 | communications device may possess include, but are not limited | ||||||
9 | to, built-in applications, Internet access, digital voice | ||||||
10 | service, text messaging, email, and web browsing. "Wireless | ||||||
11 | communications device" does not include a phone commonly | ||||||
12 | referred to as a feature or message phone, a laptop computer, | ||||||
13 | tablet device, or a device that has only electronic reading | ||||||
14 | capability. | ||||||
15 | "Wireless telephone service provider" means a provider of | ||||||
16 | wireless telephone services and its authorized dealers, | ||||||
17 | distributors, and agents. | ||||||
18 | (Source: P.A. 98-1096, eff. 1-1-15 .)
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