Illinois General Assembly - Full Text of HB4724
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Full Text of HB4724  102nd General Assembly



HB4724 EnrolledLRB102 24591 CMG 33825 b

1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The University Credit and Retail Sales Act is
5amended by changing Section 1 as follows:
6    (110 ILCS 115/1)  (from Ch. 144, par. 252)
7    Sec. 1. Prohibition; exceptions.
8    (a) The governing board of a State institution of higher
9learning may not permit or authorize a retail store carrying
10any line of general merchandise to be operated by that
11institution or to be operated on property held or leased for
12the use of the institution when such an operation can
13reasonably be expected to be in competition with private
14retail merchants in the community, unless the goods sold by
15that store are unavailable in quantities sufficient to meet
16the reasonably expected student demand, are unavailable on a
17year round basis or were commonly sold by the institution or on
18such property before January 1, 1980. The governing board of a
19State institution of higher learning also may not permit or
20authorize any person to conduct a business of selling goods,
21services, or a combination thereof to the general public on
22property held or leased for the use of the institution when
23such an operation can reasonably be expected to be in



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1competition with private retail merchants in the community
2unless such merchants have the opportunity to compete for the
3operation of such a business on such property. "Person" means
4an individual, corporation, business trust, estate, trust,
5partnership, association, cooperative, or any other legal
6entity. This Act does not prohibit the sale by such an
7institution or on such property of items commonly sold by such
8institutions before January 1, 1980. "Commonly sold" means
9exclusively those lines of products sold in the regular course
10of business prior to January 1, 1980. This Act does not
11prohibit the sale of goods which are the result of
12technological advances since 1980 and are required for
13assignments or classroom activities.
14    (b) The governing board of a State institution of higher
15learning may not permit that institution, or a retail store
16operated by that institution or operated on property held or
17leased for the use of the institution, to make credit sales
18when the credit extended is the credit of the retail store or
19the institution itself. This subsection (b) does not prohibit
20the retail store from making credit sales through an
21independent credit organization not affiliated with the
22institution or the retail store, such as by means of a bank or
23other credit card or through the use of a debit card issued by
24the institution or otherwise, so long as private retail
25merchants in the community are afforded a reasonable
26opportunity to participate in such debit card sales through



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1appropriate agreements with the institution. This subsection
2(b) does not prohibit the sale on credit to students receiving
3financial assistance by such an institution of textbooks,
4food, beverages, or educational items required for use in
5classroom activities, so long as private retail merchants in
6the community are afforded a reasonable opportunity to
7participate in such credit sales through appropriate
8agreements with the institution. Notwithstanding any other
9provision of this subsection, the governing body of a State
10institution of higher learning may permit the institution, or
11a retail store operated by the institution or operated on
12property held or leased for the use of the institution, to
13extend credit to students for the students' purchase of course
15(Source: P.A. 89-407, eff. 7-1-96.)
16    Section 99. Effective date. This Act takes effect upon
17becoming law.