Full Text of HB3964 98th General Assembly
HB3964ham001 98TH GENERAL ASSEMBLY | Rep. Anna Moeller Filed: 4/11/2014
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| 1 | | AMENDMENT TO HOUSE BILL 3964
| 2 | | AMENDMENT NO. ______. Amend House Bill 3964 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Resale Dealers Act. | 6 | | Section 5. Definitions. For the purposes of this Act: | 7 | | "Appropriate law enforcement official" means the sheriff | 8 | | of the county where a resale dealer is located or, if the | 9 | | resale dealer is located within a municipality, both the police | 10 | | chief of the municipality and the sheriff, provided, however, | 11 | | that the sheriff or police chief may designate an appropriate | 12 | | official of the county or municipality as applicable. | 13 | | "Precious metals" means any item containing gold, silver, | 14 | | or platinum or any combination of gold, silver, or platinum. | 15 | | "Precious metals" do not include items containing any chemical | 16 | | or any automotive, photographic, electrical, medical or dental |
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| 1 | | materials, or electronic parts. | 2 | | "Resale dealer" means any individual, firm, corporation, | 3 | | or partnership engaged in the business of operating a business | 4 | | for profit, which buys, sells, possesses on consignment for | 5 | | sale, or trades jewelry, stamps, electronic equipment, or any | 6 | | precious metals that have been previously owned by a consumer. | 7 | | The term "resale dealer" includes without limitation | 8 | | businesses commonly known as swapshop operators, cash for gold | 9 | | operators, and jewelers that purchase and resell items from | 10 | | persons other than dealers and suppliers and engage in | 11 | | disassembling, melting, or otherwise altering jewelry. The | 12 | | term "resale dealer" does not include pawnbrokers or coin | 13 | | dealers. The fact that any business does any of the following | 14 | | acts shall be prima facie proof that such business is a resale | 15 | | dealer: (i) advertises in any fashion, including through media | 16 | | advertisements, websites, telephone listings, or signs on the | 17 | | exterior or interior of buildings, that it buys or sells used | 18 | | items and (ii) devotes a significant segment or section of the | 19 | | business premises to the purchase or sale of used items. | 20 | | Section 10. Exemptions. The following shall be exempt from | 21 | | the requirements of this Act: | 22 | | (1) Residential garage sales. | 23 | | (2) Sales conducted by governmental, civic, patriotic, | 24 | | fraternal, educational, religious, or benevolent | 25 | | organizations that have been active and in continuous |
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| 1 | | existence for at least one year prior to the holding of the | 2 | | sale or that are exempt from taxation under Section 501(c) | 3 | | of the federal Internal Revenue Code. | 4 | | (3) Sales or purchases that are regulated by the | 5 | | licensing laws of this State, including automobile | 6 | | dealers, used parts dealers, and automotive parts | 7 | | recyclers. | 8 | | (4) Consumer shows or exhibitions of collectibles. | 9 | | (5) Auctioneers. | 10 | | (6) Pawnbrokers. | 11 | | (7) Sales of recyclable metal by a recyclable metal | 12 | | dealer. | 13 | | (8) Coin dealers. | 14 | | Section 15. Recordkeeping requirements. | 15 | | (a) Except in municipalities located in counties having | 16 | | 3,000,000 or more inhabitants, every resale dealer shall keep a | 17 | | standard record book that has been approved by the sheriff of | 18 | | the county where the resale dealer does business. In | 19 | | municipalities located in counties with 3,000,000 or more | 20 | | inhabitants, the record book shall be approved by the police | 21 | | department of the municipality where the resale dealer does | 22 | | business. At the time of each sale, an accurate account and | 23 | | description, in the English language, of all the goods, | 24 | | articles, and other things purchased, the amount of money, | 25 | | value, or thing loaned thereon, the time of sale, and the name |
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| 1 | | and address of the person selling such items shall be printed, | 2 | | typed, or written in ink in the record book. Such entry shall | 3 | | include the serial number or identification number of the items | 4 | | received. Except for items purchased from dealers possessing a | 5 | | federal employee identification number who have provided a | 6 | | receipt to the resale dealer, every resale dealer shall also | 7 | | record in his or her book an accurate account and description, | 8 | | in the English language, of all goods, articles and other | 9 | | things purchased or received by the resale dealer from any | 10 | | source, the time of such purchase or receipt, and the name and | 11 | | address of the person or business that sold or delivered such | 12 | | goods, articles, or other things to the resale dealer. No entry | 13 | | in such book shall be erased, mutilated, or changed. | 14 | | (b) Every resale dealer shall require and keep a record of | 15 | | identification to be shown by each person selling any goods, | 16 | | articles, or other things to the resale dealer. If the | 17 | | identification shown is a driver's license or a State | 18 | | identification card issued by the Secretary of State and | 19 | | contains a photograph of the person being identified, only one | 20 | | form of identification must be shown. If the identification | 21 | | shown is not a driver's license or a State identification card | 22 | | issued by the Secretary of State and does not contain a | 23 | | photograph, 2 forms of identification must be shown, and one of | 24 | | the 2 forms of identification must include his or her address. | 25 | | These forms of identification shall include, but not be limited | 26 | | to, any of the following: a driver's license, social security |
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| 1 | | card, utility bill, employee or student identification card, | 2 | | credit card, or a civic, union, or professional association | 3 | | membership card. In addition, in a municipality with a | 4 | | population of 1,000,000 or more inhabitants, if the seller does | 5 | | not have a form of identification issued by a governmental | 6 | | entity containing a photograph of the person being identified, | 7 | | the resale dealer shall photograph the seller in color and | 8 | | record the seller's name, address, date of birth, gender, | 9 | | height, and weight on the reverse side of the photograph. | 10 | | (c) A county or municipality, including home rule units, | 11 | | may regulate a resale dealer's identification requirements for | 12 | | persons selling goods, articles, or other things to the resale | 13 | | dealer in a manner that is not less restrictive than the | 14 | | regulation by the State of a resale dealer's identification | 15 | | requirements for persons selling goods, articles, or other | 16 | | things. A home rule unit may not regulate a resale dealer's | 17 | | identification requirements for persons selling goods, | 18 | | articles, or other things to the resale dealer in a manner less | 19 | | restrictive than the regulation by the State of a resale | 20 | | dealer's identification requirements for persons selling | 21 | | goods, articles, or other things. This Section is a limitation | 22 | | under subsection (i) of Section 6 of Article VII of the | 23 | | Illinois Constitution on the concurrent exercise by home rule | 24 | | units of the powers and functions exercised by the State.
| 25 | | (d) A resale dealer may maintain the records required by | 26 | | subsection (a) in computer form if the computer form has been |
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| 1 | | approved by the sheriff of the county where the shop is located | 2 | | and the police department of the municipality where the shop is | 3 | | located. | 4 | | Section 20. Daily report. | 5 | |
(a) Except as provided in subsection (b), it shall be the | 6 | | duty of every resale dealer to make out and deliver to the | 7 | | sheriff of the county where such resale dealer does business, | 8 | | on each day before the hours of 12 o'clock noon, a legible and | 9 | | exact copy from the standard record book, as required in | 10 | | Section 10, that lists all personal property and any other | 11 | | valuable item purchased during the preceding day, including the | 12 | | exact time when the personal property or valuable item was | 13 | | received or purchased and a description of the person or | 14 | | persons that sold or left in pledge the personal property or | 15 | | valuable item. In municipalities having 25,000 or more | 16 | | inhabitants, a copy of the report shall also be delivered to | 17 | | the superintendent of police or the chief police officer of | 18 | | such city or town. The report may be made by computer printout | 19 | | or input memory device if the format has been approved in the | 20 | | manner provided in subsection (d) of Section 10.
| 21 | | (b) In counties with more than 3,000,000 inhabitants, a | 22 | | resale dealer shall provide the daily report to the sheriff if | 23 | | the resale dealer is located in an unincorporated area of the | 24 | | county. Resale dealers located in municipalities in such | 25 | | counties shall deliver such reports to the chief police |
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| 1 | | official of such municipality.
| 2 | | Section 25. Prohibited purchases. No resale dealer under | 3 | | this Act shall purchase or accept any goods or articles if: | 4 | | (1) the seller is less than 18 years of age; | 5 | | (2) the seller is intoxicated; | 6 | | (3) the seller fails to present the appropriate form of | 7 | | identification as required by subsection (b) of Section 10; | 8 | | (4) the article to be purchased had an original | 9 | | manufacturer's serial number at the time it was new, but no | 10 | | longer legibly exhibits such number; or | 11 | | (5) the seller is known to be a thief or has been | 12 | | convicted of theft, burglary, robbery, or possession of | 13 | | stolen property. | 14 | | Section 30. Removal of identifying marks prohibited. No | 15 | | resale dealer shall remove, alter, or obliterate any | 16 | | manufacturer's make, model or serial number, personal | 17 | | identification number, or identifying marks engraved or etched | 18 | | upon an item of personal property that was purchased or | 19 | | received by the resale dealer. | 20 | | Section 35. Inspection of records and premises of resale | 21 | | dealers.
| 22 | | (a) The entire registered premises and required records of | 23 | | each resale dealer are subject to inspection during regular |
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| 1 | | business hours by any law enforcement officer having | 2 | | jurisdiction. | 3 | | (b) The inspection authorized by subsection (a) shall | 4 | | consist of an examination on the premises as required by this | 5 | | Act and an examination to determine whether the holding period | 6 | | required by this Act is being complied with.
| 7 | | Section 40. Video camera surveillance required. Each | 8 | | resale dealer shall be required to install, operate, and | 9 | | maintain a video camera surveillance system capable of | 10 | | recording clear and unobstructed photographic representations | 11 | | of the resale dealer's customers and shall retain the videotape | 12 | | recordings produced for at least 30 days after production. All | 13 | | videotape recordings shall be subject to inspection and copying | 14 | | by members of the appropriate law enforcement agency during the | 15 | | resale dealer's business hours.
| 16 | | Section 45. Holding period.
| 17 | | (a) No resale dealer shall expose for sale, sell, trade, | 18 | | barter, melt, crush or compact, destroy, or otherwise dispose | 19 | | of any individually identifiable article within 10 days after | 20 | | the date of purchasing or receiving the article. No resale | 21 | | dealer shall expose for sale, sell, trade, barter, melt, crush | 22 | | or compact, destroy, or otherwise dispose of any | 23 | | non-identifiable article within 3 days after the date of | 24 | | purchasing or receiving the article. |
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| 1 | | (b) All resale dealers shall maintain transaction records | 2 | | for 3 years after the date of transaction. | 3 | | Section 50. Inventory system. Every resale dealer shall | 4 | | maintain an inventory system of all property purchased or | 5 | | received in such a manner that members of the appropriate law | 6 | | enforcement agency making an inspection of the property can | 7 | | readily locate such property on the licensed premises. | 8 | | Section 55. Hold order.
| 9 | | (a) For the purposes of this Section, "hold order" means a | 10 | | written legal instrument issued to a resale dealer by a law | 11 | | enforcement officer commissioned by the law enforcement agency | 12 | | of the municipality or county that licenses and regulates the | 13 | | resale dealer ordering the resale dealer to retain physical | 14 | | possession of pledged goods in the possession of the resale | 15 | | dealer or property purchased by and in the possession of the | 16 | | resale dealer and not to return, sell, or otherwise dispose of | 17 | | such property on the basis that the property is believed to be | 18 | | misappropriated goods. | 19 | | (b) Upon receipt of written notice from a law enforcement | 20 | | officer indicating that property in the possession of the | 21 | | resale dealer and subject to a hold order is needed for the | 22 | | purpose of furthering a criminal investigation and | 23 | | prosecution, the resale dealer shall release the property to | 24 | | the custody of the law enforcement officer for such purpose and |
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| 1 | | the officer shall provide a written acknowledgment that the | 2 | | property has been released to the officer. The release of the | 3 | | property to the custody of the law enforcement officer shall | 4 | | not be considered a waiver or release of the resale dealer's | 5 | | property rights or interest in the property. Upon completion of | 6 | | the criminal investigation, the property shall be returned to | 7 | | the resale dealer; except that, if the law enforcement officer | 8 | | has not completed the criminal investigation within 120 days | 9 | | after the property's release, the officer shall immediately | 10 | | return the property to the resale dealer or obtain and furnish | 11 | | to the resale dealer a warrant for the continued custody of the | 12 | | property. | 13 | | The resale dealer shall not release or dispose of the | 14 | | property except pursuant to a court order or the expiration of | 15 | | the holding period of the hold order, including all extensions. | 16 | | In cases where criminal charges have been filed and the | 17 | | property may be needed as evidence, the prosecuting attorney | 18 | | shall notify the resale dealer in writing. The notice shall | 19 | | contain the case number, the style of the case, and a | 20 | | description of the property. The resale dealer shall hold such | 21 | | property until receiving notice of the disposition of the case | 22 | | from the prosecuting attorney. The prosecuting attorney shall | 23 | | notify the resale dealer and claimant in writing within 15 days | 24 | | after the disposition of the case. When such other disposition | 25 | | is ordered, the court shall additionally order the person from | 26 | | whom the resale dealer acquired the property to pay restitution |
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| 1 | | to the resale dealer in the amount that the resale dealer paid | 2 | | for the property together with reasonable attorney's fees and | 3 | | costs. | 4 | | Section 60. Violations. A first or second violation of this | 5 | | Act is a petty offense for which a $750 fine shall be imposed. | 6 | | A third violation of this Act is a Class C misdemeanor. A | 7 | | fourth or subsequent violation of this Act is a Class A | 8 | | misdemeanor. | 9 | | Section 65. Local regulation. Except as provided in | 10 | | subsection (c) of Section 15, nothing in this Act shall be | 11 | | construed to impair the power of a county or municipality, | 12 | | including home rule units, to enforce the provisions of this | 13 | | Act or to license, regulate, suppress, or prohibit resellers, | 14 | | provided that any such actions are no less restrictive than | 15 | | required by this Act. This Section is a limitation under | 16 | | subsection (i) of Section 6 of Article VII of the Illinois | 17 | | Constitution on the concurrent exercise by home rule units of | 18 | | the powers and functions exercised by the State.".
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