SMART PHONE ANTI-THEFT Senate SponsorsSen. Ira I. Silverstein House Sponsors(Rep. La Shawn K. Ford-Frances Ann Hurley, Camille Y. Lilly, Emanuel Chris Welch, Mary E. Flowers and Carol Ammons) 8/10/2015SenatePublic Act . . . . . . . . . 99-0327 New ActCreates 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.Senate Committee Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Adds definition for "appropriate law enforcement official". Makes changes in the definitions of "trade-in program" and "wireless communications device". Provides a wireless communications device dealer covered by the required recordkeeping provisions may maintain the records in an electronic form approved by the appropriate law enforcement official. Requires a law enforcement administrative hold on a wireless communications device to continue for 120 days (rather than 30 days) from date of initial notification, until cancelled or renewed, or notice to confiscate or release, whichever comes first. Requires a video recording of each seller of a wireless communications device at a dealer location to be retained for a minimum of 120 days (rather than 30 days). Changes the penalty for violation of the Act from a Class B misdemeanor to a business offense with a fine of more than $500 but not more than $1,000. Replaces provisions concerning the application of the Smart Phone Theft Protection Act to provide that the Act does not apply with respect to a wireless communications device returned pursuant to the return policies of the wireless communications device dealer, wireless telephone service provider, manufacturer, or retailer from whom it was originally purchased, to a wireless telephone service provider who acquires wireless communications devices as part of a trade-in or a repair and refurbishment program, to a manufacturer who acquires wireless communications devices as part of a trade-in program, or to wireless communications device dealers regulated under the Pawnbroker Regulation Act. Provides the Smart Phone Theft Protection Act does not alter or affect a dealer's separate obligations under the Resale Dealers Act, if applicable, except that any violation under the Smart Phone Theft Protection Act, by a person covered by the Resale Dealers Act, which has the same or similar elements as a violation under the Resale Dealers Act shall be punished as provided under the Resale Dealers Act.Senate Floor Amendment No. 3 Provides the Act does not apply to a retailer who has 25 or more locations in this State who acquires wireless communications devices as part of a trade-in or repair and refurbishment program or to an entity that complies with the requirements of the Resale Dealers Act and purchases used wireless communications devices for the purpose of recycling and refurbishment.House Committee Amendment No. 2 Deletes reference to:New ActAdds reference to:815 ILCS 398/5Replaces everything after the enacting clause. Amends the Resale Dealers Act. Includes any individual or entity engaged in the business of buying and selling used wireless communications devices in the definition of "resale dealer". Excludes from the definition of "resale dealer" wireless telephone service providers or retailers who have 25 or more locations in the State who acquire wireless communications devices as part of a trade-in or a repair and refurbishment program and businesses engaged in the manufacture of wireless communications devices who acquire devices as part of a trade-in program. Defines "repair and refurbishment program", "trade-in program", "wireless communications device", and "wireless telephone service provider".House Floor Amendment No. 3 Defines resale dealers to include wireless telephone service providers, retailers, or entities (rather than just service providers or retailers) who have 25 or more locations in the State who acquire wireless communications devices for the purpose of recycling or refurbishment or as part of a trade-in or repair and refurbishment program (rather than just trade-in or repair and refurbishment program). 1/15/2015SenateFiled with Secretary by Sen. Ira I. Silverstein 1/15/2015SenateFirst Reading 1/15/2015SenateReferred to Assignments 1/28/2015SenateAssigned to Energy and Public Utilities 3/12/2015SenatePostponed - Energy and Public Utilities 3/13/2015SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Ira I. Silverstein 3/13/2015SenateSenate Committee Amendment No. 1 Referred to Assignments 3/17/2015SenateSenate Committee Amendment No. 1 Assignments Refers to Energy and Public Utilities 3/19/2015SenatePostponed - Energy and Public Utilities 3/19/2015SenateSenate Committee Amendment No. 1 Postponed - Energy and Public Utilities 3/20/2015SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Ira I. Silverstein 3/20/2015SenateSenate Committee Amendment No. 2 Referred to Assignments 3/24/2015SenateSenate Committee Amendment No. 2 Assignments Refers to Energy and Public Utilities 3/26/2015SenateSenate Committee Amendment No. 2 Adopted 3/26/2015SenateDo Pass as Amended Energy and Public Utilities; 015-000-000 3/26/2015SenatePlaced on Calendar Order of 2nd Reading April 14, 2015 3/27/2015SenateSenate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments 4/14/2015SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Ira I. Silverstein 4/14/2015SenateSenate Floor Amendment No. 3 Referred to Assignments 4/15/2015SenateSecond Reading 4/15/2015SenatePlaced on Calendar Order of 3rd Reading April 16, 2015 4/15/2015SenateSenate Floor Amendment No. 3 Assignments Refers to Energy and Public Utilities 4/16/2015SenateSenate Floor Amendment No. 3 Recommend Do Adopt Energy and Public Utilities; 014-000-000 4/16/2015SenateRecalled to Second Reading 4/16/2015SenateSenate Floor Amendment No. 3 Adopted; Silverstein 4/16/2015SenatePlaced on Calendar Order of 3rd Reading April 21, 2015 4/22/2015SenateThird Reading - Passed; 054-000-002 4/22/2015SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a) 4/22/2015HouseArrived in House 4/22/2015HouseChief House Sponsor Rep. La Shawn K. Ford 4/22/2015HouseFirst Reading 4/22/2015HouseReferred to Rules Committee 5/4/2015HouseAssigned to Consumer Protection Committee 5/7/2015HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. La Shawn K. Ford 5/7/2015HouseHouse Committee Amendment No. 1 Referred to Rules Committee 5/8/2015HouseCommittee Deadline Extended-Rule 9(b) May 15, 2015 5/11/2015HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. La Shawn K. Ford 5/11/2015HouseHouse Committee Amendment No. 2 Referred to Rules Committee 5/11/2015HouseHouse Committee Amendment No. 1 Rules Refers to Consumer Protection Committee 5/13/2015HouseHouse Committee Amendment No. 2 Rules Refers to Consumer Protection Committee 5/14/2015HouseHouse Committee Amendment No. 2 Adopted in Consumer Protection Committee; by Voice Vote 5/14/2015HouseDo Pass as Amended / Short Debate Consumer Protection Committee; 015-000-000 5/14/2015HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40 5/14/2015HousePlaced on Calendar 2nd Reading - Short Debate 5/14/2015HouseAdded Alternate Chief Co-Sponsor Rep. Frances Ann Hurley 5/18/2015HouseSecond Reading - Short Debate 5/18/2015HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/18/2015HouseAdded Alternate Co-Sponsor Rep. Camille Y. Lilly 5/18/2015HouseAdded Alternate Co-Sponsor Rep. Emanuel Chris Welch 5/18/2015HouseAdded Alternate Co-Sponsor Rep. Mary E. Flowers 5/19/2015HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. La Shawn K. Ford 5/19/2015HouseHouse Floor Amendment No. 3 Referred to Rules Committee 5/20/2015HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000 5/20/2015HouseRecalled to Second Reading - Short Debate 5/20/2015HouseHouse Floor Amendment No. 3 Adopted 5/20/2015HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/22/2015HouseFinal Action Deadline Extended-9(b) May 31, 2015 5/25/2015HouseAdded Alternate Co-Sponsor Rep. Carol Ammons 5/25/2015HouseThird Reading - Short Debate - Passed 106-000-000 5/25/2015SenateSecretary's Desk - Concurrence House Amendment(s) 2, 3 5/25/2015SenatePlaced on Calendar Order of Concurrence House Amendment(s) 2, 3 - May 26, 2015 5/26/2015SenateHouse Committee Amendment No. 2 Motion to Concur Filed with Secretary Sen. Ira I. Silverstein 5/26/2015SenateHouse Committee Amendment No. 2 Motion to Concur Referred to Assignments 5/26/2015SenateHouse Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Ira I. Silverstein 5/26/2015SenateHouse Floor Amendment No. 3 Motion to Concur Referred to Assignments 5/28/2015SenateHouse Committee Amendment No. 2 Motion to Concur Assignments Referred to Energy and Public Utilities 5/28/2015SenateHouse Floor Amendment No. 3 Motion to Concur Assignments Referred to Energy and Public Utilities 5/28/2015SenateHouse Committee Amendment No. 2 Motion To Concur Recommended Do Adopt Energy and Public Utilities; 015-000-000 5/28/2015SenateHouse Floor Amendment No. 3 Motion To Concur Recommended Do Adopt Energy and Public Utilities; 015-000-000 5/31/2015SenateHouse Committee Amendment No. 2 Senate Concurs 059-000-000 5/31/2015SenateHouse Floor Amendment No. 3 Senate Concurs 059-000-000 5/31/2015SenateSenate Concurs 059-000-000 5/31/2015SenatePassed Both Houses 6/29/2015SenateSent to the Governor 8/10/2015SenateGovernor Approved 8/10/2015SenateEffective Date January 1, 2016 8/10/2015SenatePublic Act . . . . . . . . . 99-0327