Sponsored by:
Senator M. TERESA RUIZ
District 29 (Essex and Hudson)
SYNOPSIS
Imposes certain requirements on secondhand dealers of cellular telephones and wireless communication devices.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning secondhand cellular telephones and wireless communication devices and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
Secondhand dealer means any person who engages in the business of purchasing, selling, receiving, trading, consignment selling, or otherwise transferring for value any secondhand property. This term shall not include providers of commercial mobile service, as defined in 47 U.S.C. s.332(d), and the providers authorized agents and retailers that have contractual relationships with the provider to sell the providers authorized products and services.
Secondhand property means any previously owned cellular telephone or wireless communication device.
Wireless communication device means any device through which personal wireless services, as defined in 47 U.S.C. s.332(c)(7)(C)(i), are transmitted.
b. (1) At the time of each transaction, a secondhand dealer shall document the description of each cellular telephone or wireless communication device and shall include the Mobile Equipment Identifier, International Mobile Station Equipment Identity, or Electronic Serial Number of the wireless communication device.
(2) The record maintained pursuant to this subsection also shall include a receipt with the purchase amount and a statement that the person selling the cellular telephone or wireless communication device is of lawful age; that the drivers license number or other government-issued identification number and all other identifying information provided by the seller are true and correct; and that the person selling the cellular telephone or wireless communication device is the lawful owner of the cellular telephone or wireless communication device with absolute authority to sell the cellular telephone or wireless communication device.
c. It shall be unlawful for any person who sells a cellular telephone or wireless communication device to a secondhand dealer to submit false or fraudulent information to a secondhand dealer on any receipt required under this section.
d. A secondhand dealer shall not sell a cellular telephone or wireless communication device that was knowingly acquired through false or fraudulent information.
e. Prior to purchase, every secondhand dealer shall require two forms of identification to be shown by each person attempting to sell any cellular telephone or wireless communication device. At least one of the two forms of identification shall be photographic identification issued by a federal, state, or local governmental entity. Forms of identification may include, but are not limited to, a state drivers license, a state identification card, a passport, a military identification card, a credit card, or a utility bill.
If the seller does not have photographic identification issued by a federal, state, or local governmental entity, the secondhand dealer shall photograph the seller. The photograph shall be in color and on the reverse side of the photograph, the secondhand dealer shall record the sellers name, residence address, date of birth, gender, height, and weight.
f. A secondhand dealer shall not remove, alter, or obliterate any manufacturers make, model, or serial number; personal identification number; or identifying marks engraved or etched on a cellular telephone or wireless communication device. A secondhand dealer shall not purchase a cellular telephone or wireless communication device where the manufacturers make, model, or serial number; personal identification number; or identifying marks engraved or etched on the device have been removed, altered or obliterated.
g. The records required pursuant to this section shall, at all times during the secondhand dealers business hours, be open to inspection by a member of a State, county, or municipal law enforcement agency.
h. Any person who violates the provisions of this section shall be liable to a civil penalty of $250 for a first offense, $500 for a second offense, and $1,000 for a third or subsequent offense, which shall be collected by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety in a summary proceeding before a court of competent jurisdiction pursuant to the provisions of the Penalty Enforcement Law of 1999, P.L.1999, c.274 (C.2A:58-10 et seq.). Each transaction in violation of this section shall constitute a separate offense.
A violation of this section shall not be considered an unlawful practice in violation of P.L.1960, c.39 (C.56:8-1 et seq.).
2. This act shall take effect immediately.
STATEMENT
This bill imposes certain requirements on secondhand dealers of cellular telephones and wireless communication devices.
Under the bill, at the time of each transaction, each secondhand dealer is required to document the description of each cellular telephone or wireless communication device and is to include the Mobile Equipment Identifier, International Mobile Station Equipment Identity, or Electronic Serial Number of the wireless communication device.
The record is also required to include a receipt with the purchase amount and a statement that the person selling the cellular telephone or wireless communication device is of lawful age; that the drivers license number or other government-issued identification number and all other identifying information provided by the seller are true and correct; and that the person selling the cellular telephone or wireless communication device is the lawful owner of the cellular telephone or wireless communication device with absolute authority to sell the cellular telephone or wireless communication device.
Under the bill, it is unlawful for any person who sells a cellular telephone or wireless communication device to a secondhand dealer to submit false or fraudulent information to a secondhand dealer on any receipt required under the bill. The bill also prohibits secondhand dealers from selling a cellular telephone or wireless communication device that was knowingly acquired through false or fraudulent information.
In addition, the bill provides that prior to purchase, every secondhand dealer is to require two forms of identification to be shown by each person attempting to sell any cellular telephone or wireless communication device. At least one of the two forms of identification is required to be photographic identification issued by a federal, state, or local governmental entity.
If the seller does not have photographic identification issued by a federal, state, or local governmental entity, the secondhand dealer is required to photograph the seller. The photograph is required to be in color and on the reverse side of the photograph, the secondhand dealer is to record the sellers name, residence address, date of birth, gender, height, and weight.
The bill also contains provisions prohibiting a secondhand dealer from removing, altering, or obliterating any manufacturers make, model, or serial number; personal identification number; or identifying marks engraved or etched on a cellular telephone or wireless communication device. In addition, a secondhand dealer is not to purchase a cellular telephone or wireless communication device where a manufacturers make, model, or serial number; personal identification number; or identi