HOUSE AMENDED
PRIOR PRINTER'S NOS. 143, 939, 1031 PRINTER'S NO. 2424
No. 137 Session of 2001
INTRODUCED BY EARLL, RHOADES, TOMLINSON, WAGNER, COSTA, MOWERY,
SCHWARTZ AND LEMMOND, JANUARY 29, 2001
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 25, 2002
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," providing for SUPERINTENDENT <--
6 COMPLIANCE WITH BOARD OF SCHOOL DIRECTORS ACTION; FURTHER
7 PROVIDING FOR HIGH SCHOOL CERTIFICATES; AND PROVIDING FOR
8 regulation of credit card marketing on a college or
9 university campus.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The act of March 10, 1949 (P.L.30, No.14), known <--
13 as the Public School Code of 1949, is amended by adding an
14 article to read:
15 SECTION 1. THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN <--
16 AS THE PUBLIC SCHOOL CODE OF 1949, IS AMENDED BY ADDING A
17 SECTION TO READ:
18 SECTION 1005.1. SUPERINTENDENT COMPLIANCE WITH BOARD OF
19 SCHOOL DIRECTORS ACTION.--THE SECRETARY OF EDUCATION MAY NOT
20 IMPOSE SANCTIONS AGAINST A SUPERINTENDENT OR ASSISTANT
1 SUPERINTENDENT ON THE BASIS THAT THE SUPERINTENDENT ACTED IN
2 GOOD FAITH RELIANCE ON ANY ACTION TAKEN OR DIRECTED BY THE BOARD
3 OF SCHOOL DIRECTORS, PROVIDED THAT THE SUPERINTENDENT REASONABLY
4 BELIEVED HIS ACTIONS WERE IN COMPLIANCE WITH THE PROVISIONS OF
5 THIS ACT, THE REGULATIONS PROMULGATED UNDER THIS ACT AND THE
6 LAWS OF THIS COMMONWEALTH.
7 SECTION 2. SECTION 1613(A) OF THE ACT, AMENDED JUNE 22, 2001
8 (P.L.530, NO.35), IS AMENDED TO READ:
9 SECTION 1613. HIGH SCHOOL CERTIFICATES.--(A) THE BOARD OF
10 SCHOOL DIRECTORS, JOINT BOARD [OF] OR JOINT SCHOOL COMMITTEE
11 OPERATING ANY HIGH SCHOOL SHALL ISSUE A CERTIFICATE TO EACH
12 PUPIL SATISFACTORILY COMPLETING THE PRESCRIBED COURSE OF
13 INSTRUCTION IN THE HIGH SCHOOL AND SHALL HAVE THE SOLE AUTHORITY
14 TO DETERMINE WHAT SHALL BE AFFIXED OR DENOTED ON THE DIPLOMA
15 AND/OR TRANSCRIPTS.
16 * * *
17 SECTION 3. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
18 ARTICLE XXIII-A.
19 COLLEGE CAMPUS CREDIT CARD MARKETER ACT.
20 Section 2301-A. Definitions.--For the purposes of this
21 article the following terms shall have the following meanings:
22 (1) "Board" shall mean the State Board of Education.
23 (2) "College campus" shall include the premises and grounds
24 of an institution of higher education.
25 (3) "Credit card debt education brochure" shall mean the
26 information developed by a college or university, by a
27 registered non-profit, or by other sources as identified and
28 approved by the institution of higher education that details the
29 appropriate use, benefit and risk of incurring debt through the
30 use of credit cards.
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1 (4) "Credit card marketer" shall include a person,
2 corporation, financial institution or business entity that
3 promotes, offers or accepts applications for a credit card.
4 (5) "Institution of higher education" means any of the
5 following:
6 (i) A community college operating under Article XIX-A.
7 (ii) A university within the State System of Higher
8 Education.
9 (iii) The Pennsylvania State University.
10 (iv) The University of Pittsburgh.
11 (v) Temple University.
12 (vi) Lincoln University.
13 (vii) Any other institution that is designated as "State-
14 related" by the Commonwealth.
15 (viii) Any accredited private or independent college.
16 (6) "State Board of Education" shall mean the entity known
17 as the State Board of Education and placed within, and made a
18 departmental administrative board of, the Department of
19 Education under section 202 of the act of April 9, 1929
20 (P.L.177, No.175), known as "The Administrative Code of 1929."
21 (7) "Student" shall mean a person who is at least eighteen
22 years of age and who attends an institution of higher education,
23 whether enrolled on a full-time or part-time basis.
24 Section 2302-A. Regulation of On-Campus Credit Card
25 Marketing.--The board shall require an institution of higher
26 education to adopt a policy to regulate the marketing practices
27 used on campuses by credit card companies. In adopting a policy,
28 the institutions of higher education shall consider the
29 following requirements:
30 (1) registering on-campus credit card marketers;
20010S0137B2424 - 3 -
1 (2) limiting credit card marketers to specific institutional
2 campus sites designated by the administration of the
3 institution;
4 (3) prohibiting credit card marketers from offering gifts to
5 students in exchange for completing a credit card application
6 unless the student has been provided a credit card debt
7 education brochure;
8 (4) at least quarterly providing a credit card debt
9 education brochure with campus bookstore purchases; and
10 (5) developing a credit card debt education presentation to
11 be incorporated into orientation programs offered to new
12 students.
13 SECTION 2303-A. APPLICATION OF LIABILITY.--NONE OF THE <--
14 PROVISIONS OF THIS ARTICLE SHALL ESTABLISH A FOUNDATION OR
15 INCREASE THE STANDARD FOR NEW CLAIMS OF LIABILITY AGAINST A
16 COLLEGE OR UNIVERSITY.
17 SECTION 4. ALL REGULATIONS OR PARTS OF REGULATIONS ARE
18 HEREBY ABROGATED INSOFAR AS THEY ARE INCONSISTENT WITH THIS ACT.
19 Section 2. This act shall take effect in 60 days. <--
20 SECTION 5. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
21 (1) THE ADDITION OF ARTICLE XXIII-A OF THE ACT SHALL
22 TAKE EFFECT IN 60 DAYS.
23 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
24 IMMEDIATELY.
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