HB2241 HED AM 3-18
The Committee on Education moves to amend the bill on page
one, section ten, line seventeen, by striking out everything after
the enacting section and inserting in lieu thereof the following:
ARTICLE 14. MISCELLANEOUS.
§18B-14-10. Credit card solicitation on college campuses;
regulation of credit card marketing.
(a) As used in this section: Definitions. -- For the purposes
of this section, the following terms have the following meanings
(1) "College
(1) "Campus" includes the premises and grounds of an a state
institution of higher education;
(2) "Credit card debt education brochure" means the
information developed by a college or university by a registered
nonprofit corporation or by other sources as identified and
approved by the institution of higher education literature that
details the appropriate use, benefits and risks of incurring debt
through the use of credit cards, which is approved by the state
institution of higher education for distribution on its campuses;
and
(3) "Credit card marketer" includes a person, corporation, financial institution or business entity that promotes, offers or
accepts applications for a credit card.
(4) "Institution of higher education" means any of the
following:
(i) A community college or technical college as defined in
subsection (e), section two, article one of this chapter; and
(ii) Bluefield State College, Concord College, Glenville State
College, Fairmont State College, Marshall University, West Virginia
Northern Community College, West Liberty State College, Potomac
State College of West Virginia University, Shepherd College, West
Virginia University Institute of Technology, Southern West Virginia
Community Institute of Technology, West Virginia University at
Parkersburg, West Virginia School of Osteopathic Medicine, West
Virginia State College, West Virginia University and all branch
campuses of these institutions of higher education; and
(5) "Student" means a person who is at least eighteen years of
age and who attends an institution of higher education whether on
a full-time or part-time basis.
(b) The governing boards of each institution shall propose
rules in accordance with the rule adopted by the Higher Education
Policy Commission pursuant to the provisions of section six,
article one of this chapter no later than July 1, 2003, to regulate
the marketing practices used on campuses by credit card companies. In proposing these rules, the governing boards shall consider the
following requirements:
(b) Pursuant to the provisions of section six, article one of
this chapter, the Commission and Council jointly shall promulgate
a rule to govern credit card solicitation on the campuses of state
institutions of higher education. The rule shall provide for:
(1) Registering on-campus credit card marketers;
(2) Limiting credit card marketers to specific institutional
campus sites designated by the president or administrative head of
the institution or his or her designee;
(3) Prohibiting credit card marketers from offering tangible
gifts to students in exchange for completing a credit card
application or providing an application referral;
(4) Requiring that no application for the extension of debt
through a credit card application may not be made available to a
student unless the application is accompanied by a credit card debt
education brochure;
(5) Whether or not to use or the appropriate Restricting or
limiting the use of student lists for the purpose of soliciting
credit card applications; for credit cards; and
(6) Developing a credit card debt education presentation to be
incorporated
(6) Incorporating into orientation programs offered to new students a credit card debt education presentation which
demonstrates how significant debt can accumulate quickly, and
includes the obligations, responsibilities, risks, benefits and
appropriate uses of credit cards; and
(7) Any other provision the Commission and Council consider
necessary.
(c) Unless a student's parent or guardian has agreed in
writing to be liable as a cosigner for credit card debts of the
student, no person may a person may not initiate a debt collection
action against the parent or guardian regarding any credit card
debt incurred by the student.
(d) A governing board may prohibit credit card application
solicitation on any campus under its jurisdiction.
(e) Any credit card marketer who violates this section or the
rule required by this section is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than $500.