Bill Text: PA HB1266 | 2011-2012 | Regular Session | Introduced

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Bill Title: Requiring institutions of higher education to implement alcohol policies; providing for enforcement by the Pennsylvania Liquor Control Board; and prescribing a penalty.

Spectrum: Slight Partisan Bill (Democrat 9-4)

Status: (Introduced - Dead) 2011-04-05 - Referred to EDUCATION [HB1266 Detail]

Download: Pennsylvania-2011-HB1266-Introduced.html

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PRINTER'S NO. 1405
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1266 Session of2011
INTRODUCED BY K. SMITH, V. BROWN, D. COSTA, KORTZ, MANN, MILLARD, MURT, VULAKOVICH, DONATUCCI, READSHAW AND DeLUCA, APRIL 5, 2011
REFERRED TO COMMITTEE ON EDUCATION, APRIL 5, 2011
AN ACT
Requiring institutions of higher education to implement alcohol
policies; providing for enforcement by the Pennsylvania
Liquor Control Board; and prescribing a penalty.
The General Assembly finds and declares that:
(1) 1,400 college students between the ages of 18 and 24
die each year from alcohol misuse.
(2) Annually 70,000 college students reported cases of
sexual abuse because of alcohol use.
(3) There are 600,000 reported cases each year of
students being assaulted by someone who was drinking.
(4) About one-half million college students sustain
unintentional injuries that are blamed on alcohol use each
year.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Higher
Education Alcohol Policy Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Alcohol-related offense." Any of the following offenses:
(1) 18 Pa.C.S. § 6307 (relating to misrepresentation of age
to secure liquor or malt or brewed beverages).
(2) 18 Pa.C.S. § 6308 (relating to purchase, consumption,
possession or transportation of liquor or malt or brewed
beverages).
(3) 18 Pa.C.S. § 6309 (relating to representing that minor
is of age).
(4) 18 Pa.C.S. § 6310.3 (relating to carrying a false
identification card).
(5) 75 Pa.C.S. § 3718 (relating to minor prohibited from
operating with any alcohol in system).
(6) 75 Pa.C.S. § 3802 (relating to driving under influence
of alcohol or controlled substance).
"Institution of higher education." Any of the following:
(1) A State-related university.
(2) A university in the State System of Higher
Education.
(3) A community college.
(4) A private university or college in this
Commonwealth.
Section 3. Implementation of alcohol policy.
An institution of higher education shall implement a written
alcohol policy in accordance with the provisions of this act and
shall distribute the policy to each student at the time of
enrollment and once during each academic year thereafter. The
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institution of higher education shall publish the policy on the
Internet website of the institution of higher education.
Section 4. Institution of higher education policy requirements.
The alcohol policy required under this act shall include, at
a minimum, all of the following:
(1) A summary of the institution of higher education's
rules related to alcohol violations.
(2) A summary of the institution's penalties related to
alcohol violations and information pertaining to the rights
and appeal process for students.
(3) A summary of alcohol-related counseling and
treatment programs provided by the institution of higher
education.
(4) A contact person for the alcohol program at the
institution of higher education.
Section 5. Institution of higher education duties.
Every institution of higher education:
(1) Shall have in place a disciplinary system that
ensures students due process in the consideration of
violations of the campus alcohol policy.
(2) Shall have available an educational counseling
program that is capable of assessing and referring students
for appropriate educational interventions or treatment.
(3) Shall develop an appropriate range of sanctions so
that students found responsible for alcohol-related offenses
may be assigned penalties appropriate to the severity and
frequency of the offenses. Penalties shall include, at a
minimum, the following:
(i) Alcohol education and counseling for a first
offense.
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(ii) Alcohol education and counseling and probation
for a second offense.
(iii) A one-semester suspension from the institution
and a period of ineligibility of one semester for State-
funded financial grants or scholarships for a third or
subsequent offense.
(4) Shall develop a parental notification policy in
accordance with Federal requirements when the student
violates the sanctions provided for in paragraph (3).
(5) Shall act to integrate alcohol education activities
throughout activities and events of the institution and
provide suitable alternatives for students who may
participate in alcohol abuse.
(6) May establish an Alcohol/Community Task (ACT) Force
and conduct an annual meeting involving the institution of
higher education which may involve community leaders. The
institution of higher education may also invite participation
of liquor providers in this task force.
Section 6. Provision of alcohol-related offenses summary to
enrolled students.
A written summary of the Commonwealth's alcohol-related
offenses shall annually be made available to each institution of
higher education by the Pennsylvania State Police. Each
institution of higher education shall distribute the written
summary of the Commonwealth's alcohol-related offenses to each
student upon enrollment and once during each academic year
thereafter.
Section 7. Reporting.
Every institution of higher education shall provide a written
report, according to guidelines established by the Pennsylvania
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Liquor Control Board, on a biennial basis that describes the
alcohol violations policy of the institution of higher education
and an analysis of its implementation.
Section 8. Penalty.
An institution of higher education that does not comply with
this act shall be ineligible for grants from the Alcohol
Education Bureau of the Pennsylvania Liquor Control Board.
Section 9. Enforcement.
The Pennsylvania Liquor Control Board shall have the duty to
administer and enforce the provisions of this act.
Section 30. Effective date.
This act shall take effect in 180 days.
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