Rep. Kelly M. Burke

Filed: 2/28/2022

 

 


 

 


 
10200HB4724ham002LRB102 24591 NLB 36423 a

1
AMENDMENT TO HOUSE BILL 4724

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
25when the credit extended is the credit of the retail store or
26the institution itself. This subsection (b) does not prohibit

 

 

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1the retail store from making credit sales through an
2independent credit organization not affiliated with the
3institution or the retail store, such as by means of a bank or
4other credit card or through the use of a debit card issued by
5the institution or otherwise, so long as private retail
6merchants in the community are afforded a reasonable
7opportunity to participate in such debit card sales through
8appropriate agreements with the institution. This subsection
9(b) does not prohibit the sale on credit to students receiving
10financial assistance by such an institution of textbooks,
11food, beverages, or educational items required for use in
12classroom activities, so long as private retail merchants in
13the community are afforded a reasonable opportunity to
14participate in such credit sales through appropriate
15agreements with the institution. Notwithstanding any other
16provision of this subsection, the governing body of a State
17institution of higher learning may permit the institution, or
18a retail store operated by the institution or operated on
19property held or leased for the use of the institution, to
20extend credit to students for the students' purchase of course
21materials.
22(Source: P.A. 89-407, eff. 7-1-96.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".