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


Rep. Kelly M. Burke

Filed: 2/14/2022





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2    AMENDMENT NO. ______. Amend House Bill 4724 by replacing
3everything after the enacting clause with the following:
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



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1year round basis or were commonly sold by the institution or on
2such property before January 1, 1980. The governing board of a
3State institution of higher learning also may not permit or
4authorize any person to conduct a business of selling goods,
5services, or a combination thereof to the general public on
6property held or leased for the use of the institution when
7such an operation can reasonably be expected to be in
8competition with private retail merchants in the community
9unless such merchants have the opportunity to compete for the
10operation of such a business on such property. "Person" means
11an individual, corporation, business trust, estate, trust,
12partnership, association, cooperative, or any other legal
13entity. This Act does not prohibit the sale by such an
14institution or on such property of items commonly sold by such
15institutions before January 1, 1980. "Commonly sold" means
16exclusively those lines of products sold in the regular course
17of business prior to January 1, 1980. This Act does not
18prohibit the sale of goods which are the result of
19technological advances since 1980 and are required for
20assignments or classroom activities.
21    (b) The governing board of a State institution of higher
22learning may not permit that institution or a retail store
23operated by that institution or operated on property held or
24leased for the use of the institution to make credit sales when
25the credit extended is the credit of the retail store or the
26institution itself. This subsection (b) does not prohibit the



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1retail store from making credit sales through an independent
2credit organization not affiliated with the institution or the
3retail store, such as by means of a bank or other credit card
4or through the use of a debit card issued by the institution or
5otherwise, so long as private retail merchants in the
6community are afforded a reasonable opportunity to participate
7in such debit card sales through appropriate agreements with
8the institution. This subsection (b) does not prohibit the
9sale on credit to students receiving financial assistance by
10such an institution of textbooks, food, beverages, or
11educational items required for use in classroom activities, so
12long as private retail merchants in the community are afforded
13a reasonable opportunity to participate in such credit sales
14through appropriate agreements with the institution.
15    This subsection (b) does not restrict a State institution
16of higher learning that purchases course materials or
17purchases course materials on its students behalf to ensure
18that all students have their course materials, but only to the
19extent that this subsection (b) relates to the purchase of
20course materials.
21(Source: P.A. 89-407, eff. 7-1-96.)".