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 
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.

    "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.)