Bill Text: IL HB3964 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Consumer Deposit Account Act. Makes a technical change to a Section concerning checking accounts for senior citizens.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB3964 Detail]

Download: Illinois-2013-HB3964-Amended.html

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Rep. Anna Moeller

Filed: 4/11/2014

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AMENDMENT TO HOUSE BILL 3964
AMENDMENT NO. ______. Amend House Bill 3964 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Resale Dealers Act.
Section 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, both the police
chief of the municipality and the sheriff, 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,
or platinum or any combination of gold, silver, or platinum.
"Precious metals" do not include items containing any chemical
or any automotive, photographic, electrical, medical or dental

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materials, or electronic parts.
"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, or any
precious metals that have been previously owned by a consumer.
The term "resale dealer" includes without limitation
businesses commonly known as swapshop operators, cash for gold
operators, and jewelers that purchase and resell items from
persons other than dealers and suppliers and engage in
disassembling, melting, or otherwise altering jewelry. The
term "resale dealer" does not include pawnbrokers or coin
dealers. 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.
Section 10. Exemptions. The following shall be exempt from
the requirements of this Act:
(1) Residential garage sales.
(2) Sales conducted by governmental, civic, patriotic,
fraternal, educational, religious, or benevolent
organizations that have been active and in continuous

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existence for at least one year prior to the holding of the
sale or that are exempt from taxation under Section 501(c)
of the federal Internal Revenue Code.
(3) Sales or purchases that are regulated by the
licensing laws of this State, including automobile
dealers, used parts dealers, and automotive parts
recyclers.
(4) Consumer shows or exhibitions of collectibles.
(5) Auctioneers.
(6) Pawnbrokers.
(7) Sales of recyclable metal by a recyclable metal
dealer.
(8) Coin dealers.
Section 15. Recordkeeping requirements.
(a) Except in municipalities located in counties having
3,000,000 or more inhabitants, every resale dealer shall keep a
standard record book that has been approved by the sheriff of
the county where the resale dealer does business. In
municipalities located in counties with 3,000,000 or more
inhabitants, the record book shall be approved by the police
department of the municipality where the resale dealer does
business. At the time of each sale, an accurate account and
description, in the English language, of all the goods,
articles, and other things purchased, the amount of money,
value, or thing loaned thereon, the time of sale, and the name

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and address of the person selling such items shall be printed,
typed, or written in ink in the record book. Such entry shall
include the serial number or identification number of the items
received. Except for items purchased from dealers possessing a
federal employee identification number who have provided a
receipt to the resale dealer, every resale dealer shall also
record in his or her book an accurate account and description,
in the English language, of all goods, articles and other
things purchased or received by the resale dealer from any
source, the time of such purchase or receipt, and the name and
address of the person or business that sold or delivered such
goods, articles, or other things to the resale dealer. No entry
in such book shall be erased, mutilated, or changed.
(b) Every resale dealer shall require and keep a record of
identification to be shown by each person selling any goods,
articles, or other things to the resale dealer. If the
identification shown is a driver's license or a State
identification card issued by the Secretary of State and
contains a photograph of the person being identified, only one
form of identification must be shown. If the identification
shown is not a driver's license or a State identification card
issued by the Secretary of State and does not contain a
photograph, 2 forms of identification must be shown, and one of
the 2 forms of identification must include his or her address.
These forms of identification shall include, but not be limited
to, any of the following: a driver's license, social security

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card, utility bill, employee or student identification card,
credit card, or a civic, union, or professional association
membership card. In addition, in a municipality with a
population of 1,000,000 or more inhabitants, if the seller does
not have a form of identification issued by a governmental
entity containing a photograph of the person being identified,
the resale dealer shall photograph the seller in color and
record the seller's name, address, date of birth, gender,
height, and weight on the reverse side of the photograph.
(c) A county or municipality, including home rule units,
may regulate a resale dealer's identification requirements for
persons selling goods, articles, or other things to the resale
dealer in a manner that is not less restrictive than the
regulation by the State of a resale dealer's identification
requirements for persons selling goods, articles, or other
things. A home rule unit may not regulate a resale dealer's
identification requirements for persons selling goods,
articles, or other things to the resale dealer in a manner less
restrictive than the regulation by the State of a resale
dealer's identification requirements for persons selling
goods, articles, or other things. This Section is a limitation
under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by home rule
units of the powers and functions exercised by the State.
(d) A resale dealer may maintain the records required by
subsection (a) in computer form if the computer form has been

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approved by the sheriff of the county where the shop is located
and the police department of the municipality where the shop is
located.
Section 20. Daily report.
(a) Except as provided in subsection (b), it shall be the
duty of every resale dealer to make out and deliver to the
sheriff of the county where such resale dealer does business,
on each day before the hours of 12 o'clock noon, a legible and
exact copy from the standard record book, as required in
Section 10, that lists all personal property and any other
valuable item purchased during the preceding day, including the
exact time when the personal property or valuable item was
received or purchased and a description of the person or
persons that sold or left in pledge the personal property or
valuable item. In municipalities having 25,000 or more
inhabitants, a copy of the report shall also be delivered to
the superintendent of police or the chief police officer of
such city or town. The report may be made by computer printout
or input memory device if the format has been approved in the
manner provided in subsection (d) of Section 10.
(b) In counties with more than 3,000,000 inhabitants, a
resale dealer shall provide the daily report to the sheriff if
the resale dealer is located in an unincorporated area of the
county. Resale dealers located in municipalities in such
counties shall deliver such reports to the chief police

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official of such municipality.
Section 25. Prohibited purchases. No resale dealer under
this Act shall purchase or accept any goods or articles if:
(1) the seller is less than 18 years of age;
(2) the seller is intoxicated;
(3) the seller fails to present the appropriate form of
identification as required by subsection (b) of Section 10;
(4) the article to be purchased had an original
manufacturer's serial number at the time it was new, but no
longer legibly exhibits such number; or
(5) the seller is known to be a thief or has been
convicted of theft, burglary, robbery, or possession of
stolen property.
Section 30. Removal of identifying marks prohibited. No
resale dealer shall remove, alter, or obliterate any
manufacturer's make, model or serial number, personal
identification number, or identifying marks engraved or etched
upon an item of personal property that was purchased or
received by the resale dealer.
Section 35. Inspection of records and premises of resale
dealers.
(a) The entire registered premises and required records of
each resale dealer are subject to inspection during regular

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business hours by any law enforcement officer having
jurisdiction.
(b) The inspection authorized by subsection (a) shall
consist of an examination on the premises as required by this
Act and an examination to determine whether the holding period
required by this Act is being complied with.
Section 40. Video camera surveillance required. Each
resale dealer shall be required to install, operate, and
maintain a video camera surveillance system capable of
recording clear and unobstructed photographic representations
of the resale dealer's customers and shall retain the videotape
recordings produced for at least 30 days after production. All
videotape recordings shall be subject to inspection and copying
by members of the appropriate law enforcement agency during the
resale dealer's business hours.
Section 45. Holding period.
(a) No resale dealer shall expose for sale, sell, trade,
barter, melt, crush or compact, destroy, or otherwise dispose
of any individually identifiable article within 10 days after
the date of purchasing or receiving the article. No resale
dealer shall expose for sale, sell, trade, barter, melt, crush
or compact, destroy, or otherwise dispose of any
non-identifiable article within 3 days after the date of
purchasing or receiving the article.

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(b) All resale dealers shall maintain transaction records
for 3 years after the date of transaction.
Section 50. Inventory system. Every resale dealer shall
maintain an inventory system of all property purchased or
received in such a manner that members of the appropriate law
enforcement agency making an inspection of the property can
readily locate such property on the licensed premises.
Section 55. Hold order.
(a) For the purposes of this Section, "hold order" means a
written legal instrument issued to a resale dealer by a law
enforcement officer commissioned by the law enforcement agency
of the municipality or county that licenses and regulates the
resale dealer ordering the resale dealer to retain physical
possession of pledged goods in the possession of the resale
dealer or property purchased by and in the possession of the
resale dealer and not to return, sell, or otherwise dispose of
such property on the basis that the property is believed to be
misappropriated goods.
(b) Upon receipt of written notice from a law enforcement
officer indicating that property in the possession of the
resale dealer and subject to a hold order is needed for the
purpose of furthering a criminal investigation and
prosecution, the resale dealer shall release the property to
the custody of the law enforcement officer for such purpose and

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the officer shall provide a written acknowledgment that the
property has been released to the officer. The release of the
property to the custody of the law enforcement officer shall
not be considered a waiver or release of the resale dealer's
property rights or interest in the property. Upon completion of
the criminal investigation, the property shall be returned to
the resale dealer; except that, if the law enforcement officer
has not completed the criminal investigation within 120 days
after the property's release, the officer shall immediately
return the property to the resale dealer or obtain and furnish
to the resale dealer a warrant for the continued custody of the
property.
The resale dealer shall not release or dispose of the
property except pursuant to a court order or the expiration of
the holding period of the hold order, including all extensions.
In cases where criminal charges have been filed and the
property may be needed as evidence, the prosecuting attorney
shall notify the resale dealer in writing. The notice shall
contain the case number, the style of the case, and a
description of the property. The resale dealer shall hold such
property until receiving notice of the disposition of the case
from the prosecuting attorney. The prosecuting attorney shall
notify the resale dealer and claimant in writing within 15 days
after the disposition of the case. When such other disposition
is ordered, the court shall additionally order the person from
whom the resale dealer acquired the property to pay restitution

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to the resale dealer in the amount that the resale dealer paid
for the property together with reasonable attorney's fees and
costs.
Section 60. Violations. A first or second violation of this
Act is a petty offense for which a $750 fine shall be imposed.
A third violation of this Act is a Class C misdemeanor. A
fourth or subsequent violation of this Act is a Class A
misdemeanor.
Section 65. Local regulation. Except as provided in
subsection (c) of Section 15, nothing in this Act shall be
construed to impair the power of a county or municipality,
including home rule units, to enforce the provisions of this
Act or to license, regulate, suppress, or prohibit resellers,
provided that any such actions are no less restrictive than
required by this Act. This Section is a limitation under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units of
the powers and functions exercised by the State.".