110 ILCS 115/ University Credit and Retail Sales Act.

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HIGHER EDUCATION
(110 ILCS 115/) University Credit and Retail Sales Act.

110 ILCS 115/0.01

(110 ILCS 115/0.01) (from Ch. 144, par. 251.9)

Sec. 0.01.

Short title.

This Act may be cited as the

University Credit and Retail Sales Act.

(Source: P.A. 89-407, eff. 7-1-96.)

110 ILCS 115/1

(110 ILCS 115/1) (from Ch. 144, par. 252)

Sec. 1. Prohibition; exceptions.

(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
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
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
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
technological advances since  1980 and are required for assignments or
classroom activities.

(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 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,
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.

(Source: P.A. 102-781, eff. 5-13-22.)

110 ILCS 115/2

(110 ILCS 115/2) (from Ch. 144, par. 253)

Sec. 2.

Enforcement; violations.

Whenever the Attorney General of this
State has reason to believe that any person or retail store operated by a
State institution of higher learning or operated on property held or leased
for the use of the institution is using, has used, or is about to use
any method, act or practice in violation of this Act and that proceedings
would be in the public interest, he may bring an action in the name of the
State against any person or retail store operated by a State institution of
higher learning or operated on property held or leased for the use of the
institution to restrain and prevent any violation of this Act. In the
enforcement of this Act, the Attorney General may accept an assurance of
discontinuance of any act or practice deemed in violation of this Act from
any person or retail store operated by a State institution of higher
learning or operated on property held or leased for the use of the
institution engaging in, or that has engaged in, that act or practice.
Failure
to perform the terms of any such assurance constitutes prima facie proof of
a violation of this Act.

(Source: P.A. 89-407, eff. 7-1-96.)