Bill Text: IL HB4724 | 2021-2022 | 102nd General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the University Credit and Retail Sales Act. Provides that the governing body of a State institution of higher learning may permit the institution, or a retail store operated by the institution or on property held or leased for the use of the institution, to extend credit to students for the students' purchase of course materials. Effective immediately.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2022-05-13 - Public Act . . . . . . . . . 102-0781 [HB4724 Detail]
Download: Illinois-2021-HB4724-Engrossed.html
Bill Title: Amends the University Credit and Retail Sales Act. Provides that the governing body of a State institution of higher learning may permit the institution, or a retail store operated by the institution or on property held or leased for the use of the institution, to extend credit to students for the students' purchase of course materials. Effective immediately.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2022-05-13 - Public Act . . . . . . . . . 102-0781 [HB4724 Detail]
Download: Illinois-2021-HB4724-Engrossed.html
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| 1 | AN ACT concerning education.
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| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The University Credit and Retail Sales Act is | ||||||
| 5 | amended by changing Section 1 as follows:
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| 6 | (110 ILCS 115/1) (from Ch. 144, par. 252)
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| 7 | Sec. 1. Prohibition; exceptions.
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| 8 | (a) The governing board of a State institution of higher | ||||||
| 9 | learning
may not permit or authorize a retail store carrying | ||||||
| 10 | any line of general
merchandise to be operated by that | ||||||
| 11 | institution or to be operated on property
held or leased for | ||||||
| 12 | the use of the institution when such an operation can
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| 13 | reasonably be expected to be in competition with private | ||||||
| 14 | retail merchants
in the community, unless the goods sold by | ||||||
| 15 | that store are unavailable in
quantities sufficient to meet | ||||||
| 16 | the reasonably expected student demand, are
unavailable on a | ||||||
| 17 | year round basis or were commonly sold by the institution
or on | ||||||
| 18 | such property before January 1, 1980. The governing board of a | ||||||
| 19 | State
institution of higher learning also may not permit or | ||||||
| 20 | authorize any person
to conduct a business of selling goods, | ||||||
| 21 | services, or a combination thereof
to the general public on | ||||||
| 22 | property held or leased for the use of the
institution when | ||||||
| 23 | such an operation can reasonably be expected to be in
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| 1 | competition with private retail merchants in the community | ||||||
| 2 | unless such
merchants have the opportunity to compete for the | ||||||
| 3 | operation of such
a business on such property. "Person" means | ||||||
| 4 | an individual, corporation,
business trust, estate, trust, | ||||||
| 5 | partnership, association, cooperative, or
any other legal | ||||||
| 6 | entity. This Act does not prohibit the sale by such an
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| 7 | institution or on such property of items commonly sold by such | ||||||
| 8 | institutions
before January 1, 1980. "Commonly sold" means | ||||||
| 9 | exclusively those lines of
products sold in the regular course | ||||||
| 10 | of business prior to January 1, 1980.
This Act does not | ||||||
| 11 | prohibit the sale of goods which are the result of
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| 12 | technological advances since 1980 and are required for | ||||||
| 13 | assignments or
classroom activities.
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| 14 | (b) The governing board of a State institution of higher | ||||||
| 15 | learning may not
permit that institution, or a retail store | ||||||
| 16 | operated by that institution or
operated on property held or | ||||||
| 17 | leased for the use of the institution, to make
credit sales | ||||||
| 18 | when the credit extended is the credit of
the retail store or | ||||||
| 19 | the
institution itself. This subsection (b) does not prohibit | ||||||
| 20 | the retail store
from making credit sales through an | ||||||
| 21 | independent
credit organization not affiliated with the | ||||||
| 22 | institution or the retail store,
such as by means of a bank or | ||||||
| 23 | other credit card or through the use of
a debit card issued by | ||||||
| 24 | the institution or otherwise, so long as private
retail | ||||||
| 25 | merchants in the community are afforded a reasonable | ||||||
| 26 | opportunity to
participate in such debit card sales through | ||||||
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| 1 | appropriate agreements with the
institution. This subsection | ||||||
| 2 | (b) does not prohibit the sale on credit to
students receiving | ||||||
| 3 | financial assistance by such an institution of textbooks,
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| 4 | food, beverages, or educational items required for use in | ||||||
| 5 | classroom
activities, so long as private retail merchants in | ||||||
| 6 | the community are afforded
a reasonable opportunity to | ||||||
| 7 | participate in such credit sales through
appropriate | ||||||
| 8 | agreements with the institution. Notwithstanding any other | ||||||
| 9 | provision of this subsection, the governing body of a State | ||||||
| 10 | institution of higher learning may permit the institution, or | ||||||
| 11 | a retail store operated by the institution or operated on | ||||||
| 12 | property held or leased for the use of the institution, to | ||||||
| 13 | extend credit to students for the students' purchase of course | ||||||
| 14 | materials.
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| 15 | (Source: P.A. 89-407, eff. 7-1-96.)
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| 16 | Section 99. Effective date. This Act takes effect upon | ||||||
| 17 | becoming law.
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