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To amend section 1349.99 and to enact sections | 1 |
1349.38 and 3345.331 of the Revised Code to | 2 |
prohibit campus credit card marketing activities | 3 |
and to prohibit a state institution of higher | 4 |
education from releasing student directory | 5 |
information to any person or group for use in a | 6 |
profit-making plan or activity. | 7 |
Section 1. That section 1349.99 be amended and sections | 8 |
1349.38 and 3345.331 of the Revised Code be enacted to read as | 9 |
follows: | 10 |
Sec. 1349.38. (A) No person shall engage in campus credit | 11 |
card marketing activities. | 12 |
(B) No person shall knowingly mail an advertisement or offer | 13 |
for a credit card to an on-campus student housing address. | 14 |
(C) As used in this section: | 15 |
(1) "Credit card" and "card issuer" have the same meanings as | 16 |
in the "Truth in Lending Act," 82 Stat. 146 (1968), 15 U.S.C. | 17 |
1602. | 18 |
(2) "Campus" means the land and buildings that a state | 19 |
institution of higher education uses for instruction or student | 20 |
services. | 21 |
(3) "Campus credit card marketing activity" means any | 22 |
activity conducted by an agent or employee of a card issuer on | 23 |
property owned or operated by, located on the campus of, or at an | 24 |
event sanctioned by a state institution of higher education, | 25 |
designed to encourage and enable students to apply for a credit | 26 |
card and includes the act of placing on the campus a display or | 27 |
poster together with a form that can be returned to the card | 28 |
issuer as a credit card application, even if an employee or agent | 29 |
of the card issuer is not present at the display. | 30 |
(4) "On-campus student housing" has the same meaning as in | 31 |
section 3345.85 of the Revised Code. | 32 |
Sec. 1349.99. (A) Whoever violates section 1349.06 or 1349.17 | 33 |
of the Revised Code is guilty of a minor misdemeanor. | 34 |
(B)(1) Whoever violates section 1349.45 of the Revised Code | 35 |
is guilty of a misdemeanor of the first degree. | 36 |
(2) Notwithstanding division (B)(1) of this section, the only | 37 |
remedies that are available for a violation of section 1349.45 of | 38 |
the Revised Code by a registrant or licensee under sections | 39 |
1322.01 to 1322.12 of the Revised Code are those set forth in | 40 |
section 1322.10 of the Revised Code or otherwise provided by | 41 |
statute or common law. | 42 |
(3) The provisions of division (B) of this section are not | 43 |
intended to be exclusive remedies and do not preclude the use of | 44 |
any other remedy provided by law. | 45 |
(C) Whoever knowingly violates section 1349.38 of the Revised | 46 |
Code shall be fined twenty-five hundred dollars for each | 47 |
violation. | 48 |
Sec. 3345.331. (A) No state institution of higher education | 49 |
or an agent, employee, student or alumni organization, booster | 50 |
organization, or affiliate, of a state institution of higher | 51 |
education, shall do any of the following: | 52 |
(1) Release, through sale or otherwise, student directory | 53 |
information to any person or group for use in a profit-making plan | 54 |
or activity; | 55 |
(2) Enter into, renew, or rollover a contract or agreement | 56 |
with any entity to market credit cards to students; | 57 |
(3) Permit a card issuer to promote a credit card business or | 58 |
to solicit or distribute applications for a credit card on the | 59 |
property of the state institution of higher education or at any | 60 |
event sanctioned by the state institution of higher education; | 61 |
(4) Promote a credit card business on the state institution | 62 |
of higher education's internet site, or include on the internet | 63 |
site an electronic link to the internet site of a credit card | 64 |
business. | 65 |
(B) As used in this section: | 66 |
(1) "State institution of higher education" has the same | 67 |
meaning as in section 3345.011 of the Revised Code. | 68 |
(2) "Student directory information" means the name, address, | 69 |
telephone listing, date and place of birth, social security | 70 |
number, or e-mail address of a student. | 71 |
(3) "Credit card" and "card issuer" have the same meanings as | 72 |
in the "Truth in Lending Act," 82 Stat. 146 (1968), 15 U.S.C. | 73 |
1602. | 74 |
Section 2. That existing section 1349.99 of the Revised Code | 75 |
is hereby repealed. | 76 |
Section 3. The Ohio Board of Regents shall provide a written | 77 |
report to the Speaker of the House of Representatives and the | 78 |
President of the Senate within thirty days after the effective | 79 |
date of this act. The report shall list each contract or agreement | 80 |
in effect between a state institution of higher education with any | 81 |
entity to market credit cards to students, the name of the entity, | 82 |
and the termination date of the contract or agreement. The report | 83 |
also shall list each contract or agreement in effect between a | 84 |
state institution of higher education or an agent, employee, | 85 |
student or alumni organization, or affiliate, of a state | 86 |
institution of higher education, and any entity, for the release, | 87 |
through sale or otherwise, of student directory information to any | 88 |
person or group for use in a profit-making plan or activity, the | 89 |
name of the entities subject to the contract or agreement, and the | 90 |
termination date of the contract or agreement. | 91 |