§ 21-22-101. DEFINITIONS.

(a)

In general. In this title the following terms have the meanings indicated.

(b)

Director. "Director" includes the Director's designee.

(c)

Electronic device or device. "Electronic device" or "device" means a portable battery-powered device with a serial number that is capable of:

(1)

Being easily transported or conveyed by a person; and

(2)

Facilitating communication through voice, data, text, or other visual or auditory format.

(d)

Electronic device dealer or dealer.

(1)

"Electronic device dealer" or "dealer" means a person engaged in the business of buying pre-owned electronic devices.

(2)

"Electronic device dealer" or "dealer" does not include a wireless service provider, its agents or retailers whose primary business involves:

(i)

Transacting in the sale and activation of electronic devices on the wireless network; or

(ii)

Conducting transactions involving the trade-in of an electronic device when the trade-in value is applied as a credit on the customer's account or in a form of credit or gift card that may only be redeemed with the wireless provider or its agent or retailer.

(e)

Payment in cash. "Payment in cash" means payment in the form of:

(1)

Cash, meaning the legal tender of the United States or any other country;

(2)

Pre-paid debit card or any similar tender that allows the seller to convert and spend the value of the card or similar tender as cash as described in paragraph (1) of this subsection without providing the identity of the seller when using the pre-paid debit card or similar tender; or

(3)

Withdrawal from an automated teller machine.

(f)

Person.

(1)

"Person" means any individual, corporation, partnership, joint venture, firm, association, or other entity.

(2)

"Person" does not include, unless otherwise expressly provided, a governmental entity or an instrumentality or unit of a governmental entity.

(g)

Seller. "Seller" means an individual who sells or offers to transfer a pre-owned device to a dealer in exchange for any consideration .

(h)

Transfer. "Transfer" means to sell an electronic device in exchange for any consideration.

(Bill No. 6-14, § 1, 3-16-2014)