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| Public Act 102-0781 | ||||
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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 | ||
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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