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.

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, except that "credit card" does not include a debit card or other access device that is a means to withdraw funds or initiate an electronic funds transfer from a deposit account.

(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)(a) "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:

(i) The activity 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;

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

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

(i) Those that are conducted inside a banking office, as defined in sections 1101.01, 1151.01, and 1161.01 of the Revised Code; inside the office of a credit union, as defined in section 1733.01 of the Revised Code; or at an automated teller machine or other money transmission device owned, leased, or operated by a bank, savings and loan association, savings bank, or credit union;

(ii) Displaying a company logo or otherwise advertising a business in a manner that does not encourage and enable students to apply for a credit card;

(iii) Marketing a credit card at an athletic event that is sanctioned by a private or state institution of higher education or located on property owned or operated by a private or state institution of higher education, provided that students are not permitted to complete a credit card application.

(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 who are currently enrolled in the institution of higher education;

(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, except that a state institution of higher education may allow a card issuer to engage in any activity that is excluded from the definition of campus credit card marketing activity under division (C)(3)(b) of section 1349.38 of the Revised Code;

(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 who is currently enrolled in the institution of higher education 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 who are currently enrolled in the institution of higher education;

(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, except that a private institution of higher education may allow a card issuer to engage in any activity that is excluded from the definition of campus credit card marketing activity under division (C)(3)(b) of section 1349.38 of the Revised Code;

(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) Private and state institutions of higher education operating in this state shall adopt and adhere to policies that provide for both of the following:

(1) Financial literacy education, as part of student orientation;

(2) Oversight and enforcement of credit card marketing that occurs at athletic events pursuant to division (A)(3) or (B)(3) of this section.

(D) A state institution of higher education may enter into a contract or agreement with an alumni organization that permits the alumni organization to use the state institution of higher education's name, image, and likeness, but only if the contract or agreement contains a provision under which the alumni organization is required to provide the state institution of higher education with a full and unredacted copy of any contract or agreement the alumni organization has with another entity to market credit cards to former students of the state institution of higher education for the state institution of higher education to keep as a public record with no part redacted. Any state institution of higher education that receives funds from those agreements between an alumni organization and another entity shall use a portion of the funds, the portion to be determined by the state institution of higher education, for either the financial literacy education required under division (C)(1) of this section or another program of financial literacy provided to students by the institution of higher education.

(E) 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 who is currently enrolled in the institution of higher education.

(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, except that "credit card" does not include a debit card or other access device that is a means to withdraw funds or initiate an electronic funds transfer from a deposit account.

Section 2. That existing section 1349.99 of the Revised Code is hereby repealed.

Section 3. Section 3345.331 of the Revised Code shall prohibit only acts that a private or state institution of higher education is not legally obligated to perform under a contract entered into before the effective date of this section. The section only shall apply to contracts entered into, renewed, or rolled over on or after the effective date of this section.

Section 4. 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.