As Passed by the House

128th General Assembly
Regular Session
2009-2010
Am. Sub. H. B. No. 12


Representatives Lundy, Schneider 

Cosponsors: Representatives Fende, Newcomb, Koziura, Dyer, Harris, Murray, DeGeeter, Phillips, Williams, B., DeBose, Hagan, Skindell, Okey, Luckie, Letson, Williams, S., Sykes, Boyd, Chandler, Foley, Garrison, Hackett, Harwood, Heard, Mallory, Pillich, Sayre, Szollosi, Ujvagi, Winburn, Yuko 



A BILL
To enact sections 3345.86 and 3345.87 of the 1
Revised Code to require institutions of higher 2
education to provide financial literacy education 3
to students and adopt and adhere to policies 4
regarding credit card marketing on campus. 5


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1.  That sections 3345.86 and 3345.87 of the 6
Revised Code be enacted to read as follows: 7

       Sec. 3345.86. (A) The board of trustees of every private and 8
state institution of higher education in this state, or any 9
alternative governing board of such an institution, shall adopt 10
and adhere to a policy regarding the marketing of credit cards 11
on property owned or operated by the institution of higher 12
education. The policy shall do both of the following:13

       (1) Prohibit campus credit card marketing activities;14

       (2) Require credit card marketers to register with the 15
institution of higher education prior to engaging in credit card 16
marketing that is excluded from the definition of campus credit 17
card marketing activity under division (B)(3)(b) of this section 18
and permitted by the institution of higher education.19

       (B) As used in this section:20

       (1) "State institution of higher education" has the same 21
meaning as in section 3345.011 of the Revised Code.22

       (2) "Campus" means the land and buildings located in this 23
state that a private or state institution of higher education 24
uses for instruction or student services.25

       (3)(a) "Campus credit card marketing activity" means any 26
activity conducted by an agent or employee of a card issuer that 27
meets both of the following criteria:28

       (i) The activity is designed to encourage and enable 29
students to apply for a credit card and includes the act of 30
placing on the campus a display or poster together with a form 31
that can be returned to the card issuer as a credit card 32
application, even if an employee or agent of the card issuer is 33
not present at the display;34

       (ii) The activity is conducted in this state on property 35
owned or operated by, located on the campus of, or at an event 36
sanctioned by a private or state institution of higher education.37

       (b) "Campus credit card marketing activity" does not include 38
any of the following activities:39

        (i) Those that are conducted inside the office or other place 40
at which a bank, savings and loan association, savings bank, or 41
credit union organized under the laws of the United States or any 42
state of the United States receives money or its equivalent from 43
the public for deposit and conducts the general business of the 44
institution, or at an automated teller machine or other money 45
transmission device owned, leased, or operated by any of those 46
institutions;47

        (ii) Displaying a company logo or otherwise advertising a 48
business in a manner that does not encourage and enable students 49
to apply for a credit card, including television, radio, and 50
print advertisements that are intended for the general public;51

        (iii) Mailing a credit card offer or advertisement to any 52
residence, even if the residence is located on property owned or 53
operated by a private or state institution of higher education;54

       (iv) Marketing a credit card at an athletic or entertainment 55
event that is sanctioned by a private or state institution of 56
higher education or located on property owned or operated by a 57
private or state institution of higher education, provided that 58
the person marketing the credit card does not knowingly accept a 59
credit card application from an undergraduate student. To 60
determine whether a person is an undergraduate student, the credit 61
card marketer may rely on the person's statement that the person 62
is or is not an undergraduate student.63

       (4) "Credit card" and "card issuer" have the same meanings as 64
in section 1602 of the "Truth in Lending Act," 82 Stat. 146 65
(1968), 15 U.S.C. 1601, except that "credit card" does not 66
include a debit card or other access device that is a means to 67
withdraw funds or initiate an electronic funds transfer from a 68
deposit account.69

       Sec. 3345.87.  (A) Every private and state institution of 70
higher education in this state shall offer financial literacy 71
education to students enrolled in the institution of higher 72
education, either as part of student orientation or during the 73
students' first grading period.74

       (B) Any state institution of higher education that receives 75
funds from an agreement between the institution of higher 76
education, or its alumni organization, and another entity to 77
market credit cards to current or former students of the 78
institution of higher education shall use a portion of those funds 79
to pay for all or part of the costs associated with providing 80
financial literacy education under this section.81