Sen. Ira I. Silverstein
Filed: 3/13/2015
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 66 




2    AMENDMENT NO. ______. Amend Senate Bill 66 on page 2, line 
33, by replacing "in exchange for either" with "for trade-in 
4when purchasing a new device or in exchange for"; and
 
5on page 2, by replacing lines 8 through 11 with the following:


6    ""Wireless communications device" means a hand-held 
7cellular phone or other hand-held mobile
device that (1) is 
8built on a smart phone mobile operating system; (2) possesses 
9advanced computing capability; (3) enables network 
10connectivity; (4) enables the user to engage in voice 
11communications via commercial mobile radio service, as defined 
12in 47 CFR 20.3; and (5) is capable of operating on a long-term 
13evolution network and successor wireless data network 
14communication standards.  Capabilities a wireless communication 
15device may possess include, but are not limited to, built-in 
16applications, Internet access, digital voice service, text 
17messaging, email, and web browsing.  "Wireless communications 
 
 
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1device" does not include a phone commonly referred to as a 
2feature or messaging phone, a laptop computer, a tablet device, 
3or a device that has only electronic reading capability."; and
 
4by replacing line 21 on page 8 through line 9 on page 9 with the 
5following:
 
6    "Section 40. Application of Act.

7    (a) This Act does not apply with respect to a wireless 
8communications device returned  pursuant to the return policies 
9of the wireless communications device dealer, wireless 
10telephone service provider, manufacturer, or retailer from 
11whom it was originally purchased.
12    (b) This Act does not apply to:
13        (1) a wireless telephone service provider who acquires 
14    wireless communications devices as part of a trade-in or a 
15    repair and refurbishment program; or
16        (2) a manufacturer who acquires wireless 
17    communications devices as part of a trade-in program.
18    (c) This Act does not apply to wireless communications 
19device dealers regulated under the Pawnbroker Regulation 
20Act.".