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H. B. No. 12 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Lundy, Schneider
Cosponsors:
Representatives Fende, Newcomb, Koziura, Dyer, Harris, Murray, DeGeeter, Phillips, Williams, B., DeBose, Hagan, Skindell, Okey, Luckie, Letson, Williams, S.
A BILL
To amend section 1349.99 and to enact sections
1349.38 and 3345.331 of the Revised Code to
prohibit campus credit card marketing activities
and to prohibit institutions of higher
education
from releasing student directory
information to
any person or group for use in a
profit-making
plan or activity.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 1349.99 be amended and sections
1349.38 and 3345.331 of the Revised Code be enacted to read as
follows:
Sec. 1349.38. (A) No person shall knowingly engage in campus
credit
card marketing activities.
(B) No person shall knowingly mail an advertisement or offer
for a credit card to an on-campus student housing address.
(C) As used in this section:
(1) "Credit card" and "card issuer" have the same meanings as
in section 1602 of the "Truth in Lending Act," 82 Stat. 146
(1968), 15 U.S.C.
1601.
(2) "Campus" means the land and buildings located in this
state that a state
institution of higher education or a private
institution of higher education uses for instruction or student
services.
(3) "Campus credit card marketing activity" means any
activity conducted by an agent or employee of a card issuer that
meets both of the following criteria:
(a) The activitiy is
designed to encourage and enable
students to apply for a credit
card and includes the act of
placing on the campus a display or
poster together with a form
that can be returned to the card
issuer as a credit card
application, even if an employee or agent
of the card issuer is
not present at the display;
(b) The activity is conducted in either of the
following
ways:
(i) On property owned or operated by, located on the campus
of, or at an event sanctioned by a state institution of higher
education;
(ii) On property owned or operated in this state by a private
institution of higher education, located on the campus of a
private institution of higher education, or at an event in this
state sanctioned by a private institution of higher education.
(4) "On-campus student housing" means a dormitory or other
student residence that is located on the campus of a state
institution of higher education or a private institution of higher
education or is located in this state and owned or
operated by an
institution.
Sec. 1349.99. (A) Whoever violates section 1349.06 or 1349.17
of the Revised Code
is guilty of a minor misdemeanor.
(B)(1) Whoever violates section 1349.45 of the Revised Code
is guilty of a misdemeanor of the first degree.
(2) Notwithstanding division (B)(1) of this section, the only
remedies that are available for a violation of section 1349.45 of
the Revised Code by a registrant or licensee under sections
1322.01 to 1322.12 of the Revised Code are those set forth in
section 1322.10 of the Revised Code or otherwise provided by
statute or common law.
(3) The provisions of division (B) of this section are not
intended to be exclusive remedies and do not preclude the use of
any other remedy provided by law.
(C) Whoever violates section 1349.38 of the Revised
Code
shall be fined twenty-five hundred dollars for each
violation.
Sec. 3345.331. (A) No state institution of higher education
or an agent, employee, student or alumni organization, booster
organization, or affiliate, of a state institution of higher
education, shall do any of the following:
(1) Release, through sale or otherwise, student directory
information to any person or group for use in a profit-making plan
or activity;
(2) Enter into, renew, or rollover a contract or agreement
with any entity to market credit cards to students;
(3) Permit a card issuer to promote a credit card business or
to solicit or distribute applications for a credit card on the
property of the state institution of higher education or at any
event sanctioned by the state institution of higher education;
(4) Promote a credit card business on the state institution
of higher education's internet site, or include on the internet
site an electronic link to the internet site of a credit card
business.
(B) No private institution of higher education operating in
this state or an agent, employee, student, or alumni organization,
booster organization, or affiliate, of a private institution of
higher education operating in this state shall do any of the
following:
(1) Release, through sale or otherwise, student directory
information regarding a student in this state to any person or
group for use in a profit-making plan or activity;
(2) Enter into, renew, or rollover a contract or agreement
with any entity to market credit cards to students in this state;
(3) Permit a card issuer to promote a credit card business or
to solicit or distribute applications for a credit card on the
property of the private institution of higher education in this
state or at any event in this state sanctioned by the private
institution of higher education;
(4) Promote a credit card business on the private institution
of higher education's internet site, or include on the internet
site an electronic link to the internet site of a credit card
business if the private institution of higher education only has
campuses in this state.
(C) As used in this section:
(1) "State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.
(2) "Student directory information" means the name, address,
telephone listing, date and place of birth, social security
number, or e-mail address of a student.
(3) "Credit card" and "card issuer" have the same meanings as
in section 1602 of the "Truth in Lending Act," 82 Stat. 146
(1968), 15 U.S.C.
1601.
Section 2. That existing section 1349.99 of the Revised Code
is hereby repealed.
Section 3. The Ohio Board of Regents shall provide a written
report to the Speaker of the House of Representatives and the
President of the Senate within thirty days after the effective
date of this act. The report shall list each contract or agreement
in effect between a state institution of higher education with any
entity to market credit cards to students, the name of the entity,
and the termination date of the contract or agreement. The report
also shall list each contract or agreement in effect between a
state institution of higher education or an agent, employee,
student or alumni organization, or affiliate, of a state
institution of higher education, and any entity, for the release,
through sale or otherwise, of student directory information to any
person or group for use in a profit-making plan or activity, the
name of the entities subject to the contract or agreement, and the
termination date of the contract or agreement.
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