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Public Act 102-0781
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| HB4724 Enrolled | LRB102 24591 CMG 33825 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The University Credit and Retail Sales Act is |
amended by changing Section 1 as follows:
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(110 ILCS 115/1) (from Ch. 144, par. 252)
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Sec. 1. Prohibition; exceptions.
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(a) The governing board of a State institution of higher |
learning
may not permit or authorize a retail store carrying |
any line of general
merchandise to be operated by that |
institution or to be operated on property
held or leased for |
the use of the institution when such an operation can
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reasonably be expected to be in competition with private |
retail merchants
in the community, unless the goods sold by |
that store are unavailable in
quantities sufficient to meet |
the reasonably expected student demand, are
unavailable on a |
year round basis or were commonly sold by the institution
or on |
such property before January 1, 1980. The governing board of a |
State
institution of higher learning also may not permit or |
authorize any person
to conduct a business of selling goods, |
services, or a combination thereof
to the general public on |
property held or leased for the use of the
institution when |
such an operation can reasonably be expected to be in
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competition with private retail merchants in the community |
unless such
merchants have the opportunity to compete for the |
operation of such
a business on such property. "Person" means |
an individual, corporation,
business trust, estate, trust, |
partnership, association, cooperative, or
any other legal |
entity. This Act does not prohibit the sale by such an
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institution or on such property of items commonly sold by such |
institutions
before January 1, 1980. "Commonly sold" means |
exclusively those lines of
products sold in the regular course |
of business prior to January 1, 1980.
This Act does not |
prohibit the sale of goods which are the result of
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technological advances since 1980 and are required for |
assignments or
classroom activities.
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(b) The governing board of a State institution of higher |
learning may not
permit that institution, or a retail store |
operated by that institution or
operated on property held or |
leased for the use of the institution, to make
credit sales |
when the credit extended is the credit of
the retail store or |
the
institution itself. This subsection (b) does not prohibit |
the retail store
from making credit sales through an |
independent
credit organization not affiliated with the |
institution or the retail store,
such as by means of a bank or |
other credit card or through the use of
a debit card issued by |
the institution or otherwise, so long as private
retail |
merchants in the community are afforded a reasonable |
opportunity to
participate in such debit card sales through |
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appropriate agreements with the
institution. This subsection |
(b) does not prohibit the sale on credit to
students receiving |
financial assistance by such an institution of textbooks,
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food, beverages, or educational items required for use in |
classroom
activities, so long as private retail merchants in |
the community are afforded
a reasonable opportunity to |
participate in such credit sales through
appropriate |
agreements with the institution. Notwithstanding any other |
provision of this subsection, the governing body of a State |
institution of higher learning may permit the institution, or |
a retail store operated by the institution or operated on |
property held or leased for the use of the institution, to |
extend credit to students for the students' purchase of course |
materials.
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(Source: P.A. 89-407, eff. 7-1-96.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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