Bill Text: IL HB5470 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Creates the Used Wireless Communication Device Dealer Act. Provides only a short title.

Sponsorship: Bipartisan Bill

Status: (Failed) 2013-01-08 - Session Sine Die [HB5470 Detail]

Download: Illinois-2011-HB5470-Amended.html

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Rep. Greg Harris

Filed: 3/15/2012

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AMENDMENT TO HOUSE BILL 5470
AMENDMENT NO. ______. Amend House Bill 5470 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Used
Wireless Communication Device Dealer Act.
Section 5. Wireless Communication Device Dealer defined. A
business entity that uses cash to purchase or otherwise obtain
any previously owned cellular telephones (hereinafter
"device") for the purpose of resale or recycling is defined to
be a used wireless communication device dealer (hereinafter
"dealer").
Section 10. Record requirements.
(a) At the time of sale, the dealer shall require
identification from each person selling or transferring any
previously owned device including, but not limited to, a

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driver's license, social security card, utility bill, employee
or student identification card, credit card, or a civic, union,
or professional association membership card.
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 residence
address.
(b) A dealer shall maintain a record book and record at the
time of sale the name and residence of any person selling any
previously owned device.
(c) At time time of sale, the dealer shall record the
following information regarding any previously owned device
sold or transferred to the dealer:
(1) The make of the device.
(2) The model of the device.
(3) Any serial number or identification number on the
device.
(4) The password or passcode, if any, necessary for
operating the device.
(d) At the time of sale, the dealer shall record the amount
paid for any device sold or transferred to the dealer.

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(e) No entry in such a record shall be erased, mutilated,
or changed.
Section 15. Reporting requirements.
(a) The records referred to in Section 10 shall be kept and
maintained for not less than 2 years.
(b) The records referred to in Section 10 shall be made
available for inspection and copying for any law enforcement
officer upon request.
Section 20. Penalties. Any person who knowingly violates
the provisions of this Act shall, for the first offense, be
guilty of a Class C misdemeanor, and for every subsequent
offense shall be guilty of a Class A misdemeanor.
Section 25. Exemptions. This Act does not apply to:
(1) any provider of wireless services, including, but
not limited to, private radio service, public mobile
service, or commercial mobile service, as those terms are
defined in 47 U.S.C. 332 on the effective date of this Act,
or to any of such provider's affiliates, agents, authorized
dealers, retail locations, or franchised retail locations;
or
(2) any person licensed under the Illinois Insurance
Code, including insurers, insurance producers, and service
contract providers or any of such person's affiliates,

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agents, vendors, or contractors.
Section 99. Effective date. This Act takes effect January
1, 2013.".