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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 institutions of higher education | 4 |
| from releasing student directory information to | 5 |
| any person or group for use in a profit-making | 6 |
| 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 knowingly engage in campus | 11 |
| credit 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 section 1602 of the "Truth in Lending Act," 82 Stat. 146 | 17 |
| (1968), 15 U.S.C. 1601, except that "credit card" does not | 18 |
| include a debit card or other access device that is a means to | 19 |
| withdraw funds or initiate an electronic funds transfer from a | 20 |
| deposit account. | 21 |
| (2) "Campus" means the land and buildings located in this | 22 |
| state that a state institution of higher education or a private | 23 |
| institution of higher education uses for instruction or student | 24 |
| 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 a banking office, as | 40 |
| defined in sections 1101.01, 1151.01, and 1161.01 of the Revised | 41 |
| Code; inside the office of a credit union, as defined in section | 42 |
| 1733.01 of the Revised Code; or at an automated teller machine or | 43 |
| other money transmission device owned, leased, or operated by a | 44 |
| bank, savings and loan association, savings bank, or credit union; | 45 |
| (ii) Displaying a company logo or otherwise advertising a | 46 |
| business in a manner that does not encourage and enable students | 47 |
| to apply for a credit card; | 48 |
| (iii) Marketing a credit card at an athletic event that is | 49 |
| sanctioned by a private or state institution of higher education | 50 |
| or located on property owned or operated by a private or state | 51 |
| institution of higher education, provided that students are not | 52 |
| permitted to complete a credit card application. | 53 |
| (4) "On-campus student housing" means a dormitory or other | 54 |
| student residence that is located on the campus of a state | 55 |
| institution of higher education or a private institution of higher | 56 |
| education or is located in this state and owned or operated by an | 57 |
| institution. | 58 |
| Sec. 1349.99. (A) Whoever violates section 1349.06 or 1349.17 | 59 |
| of the Revised Code is guilty of a minor misdemeanor. | 60 |
| (B)(1) Whoever violates section 1349.45 of the Revised Code | 61 |
| is guilty of a misdemeanor of the first degree. | 62 |
| (2) Notwithstanding division (B)(1) of this section, the only | 63 |
| remedies that are available for a violation of section 1349.45 of | 64 |
| the Revised Code by a registrant or licensee under sections | 65 |
| 1322.01 to 1322.12 of the Revised Code are those set forth in | 66 |
| section 1322.10 of the Revised Code or otherwise provided by | 67 |
| statute or common law. | 68 |
| (3) The provisions of division (B) of this section are not | 69 |
| intended to be exclusive remedies and do not preclude the use of | 70 |
| any other remedy provided by law. | 71 |
| (C) Whoever violates section 1349.38 of the Revised Code | 72 |
| shall be fined twenty-five hundred dollars for each violation. | 73 |
| Sec. 3345.331. (A) No state institution of higher education | 74 |
| or an agent, employee, student or alumni organization, booster | 75 |
| organization, or affiliate, of a state institution of higher | 76 |
| education, shall do any of the following: | 77 |
| (1) Release, through sale or otherwise, student directory | 78 |
| information to any person or group for use in a profit-making plan | 79 |
| or activity; | 80 |
| (2) Enter into, renew, or rollover a contract or agreement | 81 |
| with any entity to market credit cards to students who are | 82 |
| currently enrolled in the institution of higher education; | 83 |
| (3) Permit a card issuer to promote a credit card business or | 84 |
| to solicit or distribute applications for a credit card on the | 85 |
| property of the state institution of higher education or at any | 86 |
| event sanctioned by the state institution of higher education, | 87 |
| except that a state institution of higher education may allow a | 88 |
| card issuer to engage in any activity that is excluded from the | 89 |
| definition of campus credit card marketing activity under division | 90 |
| (C)(3)(b) of section 1349.38 of the Revised Code; | 91 |
| (4) Promote a credit card business on the state institution | 92 |
| of higher education's internet site, or include on the internet | 93 |
| site an electronic link to the internet site of a credit card | 94 |
| business. | 95 |
| (B) No private institution of higher education operating in | 96 |
| this state or an agent, employee, student, or alumni organization, | 97 |
| booster organization, or affiliate, of a private institution of | 98 |
| higher education operating in this state shall do any of the | 99 |
| following: | 100 |
| (1) Release, through sale or otherwise, student directory | 101 |
| information regarding a student in this state who is currently | 102 |
| enrolled in the institution of higher education to any person or | 103 |
| group for use in a profit-making plan or activity; | 104 |
| (2) Enter into, renew, or rollover a contract or agreement | 105 |
| with any entity to market credit cards to students in this state | 106 |
| who are currently enrolled in the institution of higher education; | 107 |
| (3) Permit a card issuer to promote a credit card business or | 108 |
| to solicit or distribute applications for a credit card on the | 109 |
| property of the private institution of higher education in this | 110 |
| state or at any event in this state sanctioned by the private | 111 |
| institution of higher education, except that a private institution | 112 |
| of higher education may allow a card issuer to engage in any | 113 |
| activity that is excluded from the definition of campus credit | 114 |
| card marketing activity under division (C)(3)(b) of section | 115 |
| 1349.38 of the Revised Code; | 116 |
| (4) Promote a credit card business on the private institution | 117 |
| of higher education's internet site, or include on the internet | 118 |
| site an electronic link to the internet site of a credit card | 119 |
| business if the private institution of higher education only has | 120 |
| campuses in this state. | 121 |
| (C) Private and state institutions of higher education | 122 |
| operating in this state shall adopt and adhere to policies that | 123 |
| provide for both of the following: | 124 |
| (1) Financial literacy education, as part of student | 125 |
| orientation; | 126 |
| (2) Oversight and enforcement of credit card marketing that | 127 |
| occurs at athletic events pursuant to division (A)(3) or (B)(3) of | 128 |
| this section. | 129 |
| (D) A state institution of higher education may enter into a | 130 |
| contract or agreement with an alumni organization that permits the | 131 |
| alumni organization to use the state institution of higher | 132 |
| education's name, image, and likeness, but only if the contract or | 133 |
| agreement contains a provision under which the alumni organization | 134 |
| is required to provide the state institution of higher education | 135 |
| with a full and unredacted copy of any contract or agreement the | 136 |
| alumni organization has with another entity to market credit cards | 137 |
| to former students of the state institution of higher education | 138 |
| for the state institution of higher education to keep as a public | 139 |
| record with no part redacted. Any state institution of higher | 140 |
| education that receives funds from those agreements between an | 141 |
| alumni organization and another entity shall use a portion of the | 142 |
| funds, the portion to be determined by the state institution of | 143 |
| higher education, for either the financial literacy education | 144 |
| required under division (C)(1) of this section or another program | 145 |
| of financial literacy provided to students by the institution of | 146 |
| higher education. | 147 |
| (E) As used in this section: | 148 |
| (1) "State institution of higher education" has the same | 149 |
| meaning as in section 3345.011 of the Revised Code. | 150 |
| (2) "Student directory information" means the name, address, | 151 |
| telephone listing, date and place of birth, social security | 152 |
| number, or e-mail address of a student who is currently enrolled | 153 |
| in the institution of higher education. | 154 |
| (3) "Credit card" and "card issuer" have the same meanings as | 155 |
| in section 1602 of the "Truth in Lending Act," 82 Stat. 146 | 156 |
| (1968), 15 U.S.C. 1601, except that "credit card" does not | 157 |
| include a debit card or other access device that is a means to | 158 |
| withdraw funds or initiate an electronic funds transfer from a | 159 |
| deposit account. | 160 |
| Section 2. That existing section 1349.99 of the Revised Code | 161 |
| is hereby repealed. | 162 |
| Section 3. Section 3345.331 of the Revised Code shall | 163 |
| prohibit only acts that a private or state institution of higher | 164 |
| education is not legally obligated to perform under a contract | 165 |
| entered into before the effective date of this section. The | 166 |
| section only shall apply to contracts entered into, renewed, or | 167 |
| rolled over on or after the effective date of this section. | 168 |
| Section 4. The Ohio Board of Regents shall provide a written | 169 |
| report to the Speaker of the House of Representatives and the | 170 |
| President of the Senate within thirty days after the effective | 171 |
| date of this act. The report shall list each contract or agreement | 172 |
| in effect between a state institution of higher education with any | 173 |
| entity to market credit cards to students, the name of the entity, | 174 |
| and the termination date of the contract or agreement. The report | 175 |
| also shall list each contract or agreement in effect between a | 176 |
| state institution of higher education or an agent, employee, | 177 |
| student or alumni organization, or affiliate, of a state | 178 |
| institution of higher education, and any entity, for the release, | 179 |
| through sale or otherwise, of student directory information to any | 180 |
| person or group for use in a profit-making plan or activity, the | 181 |
| name of the entities subject to the contract or agreement, and the | 182 |
| termination date of the contract or agreement. | 183 |