Bill Text: PA HB1073 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for notifications in connection with the purchase, consumption, possession and transportation of alcoholic beverages by certain students enrolled in institutions of higher education, for enforcement and for a civil penalty.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-03-15 - Referred to LIQUOR CONTROL [HB1073 Detail]

Download: Pennsylvania-2011-HB1073-Introduced.html

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PRINTER'S NO. 1164
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1073 Session of2011
INTRODUCED BY KAVULICH, CREIGHTON, DeLUCA, DENLINGER, HESS, HORNAMAN, JOSEPHS, MAHONEY, MANN, MILLARD, PASHINSKI, VULAKOVICH AND BENNINGHOFF, MARCH 15, 2011
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 15, 2011
AN ACT
Providing for notifications in connection with the purchase,
consumption, possession and transportation of alcoholic
beverages by certain students enrolled in institutions of
higher education, for enforcement and for a civil penalty.
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 Notification
of College Underage Drinking 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:
"Campus officer." Any of the following:
(1) An employee of an institution of higher education
who exercises powers of arrest under authority of law or
ordinance.
(2) An employee of an institution of higher education
who is charged with maintaining the safety and security of
the property of the institution and of the persons on the
property.
"Community college." A public college or technical institute
which is established and operated under Article XIX-A of the act
of March 10, 1949 (P.L.30, No.14), known as the Public School
Code of 1949, and all branch campuses of a community college or
technical institute.
"Dependent student." Any student who is claimed as a
dependent on the Federal income tax return of the student's
parent or guardian.
"Independent institution of higher education." An
institution of higher education which is operated not-for-
profit, located in and incorporated or chartered by the
Commonwealth, entitled to confer degrees and to apply to itself
the designation "college" or "university" as provided for by
standards and qualifications prescribed under 24 Pa.C.S. Ch. 65.
(relating to private colleges, universities and seminaries).
"Institution of higher education." An independent
institution of higher education, a community college, a State-
owned institution or a State-related institution, any of which
is approved by the Department of Education.
"Licensee." Any retail or wholesale establishment licensed
by the Pennsylvania Liquor Control Board to sell or distribute
liquor or malt or brewed beverages.
"Liquor." Includes any alcoholic, spirituous, vinous,
fermented or other alcoholic beverage, or combination of liquors
and mixed liquor a part of which is spirituous, vinous,
fermented or otherwise alcoholic, including all drinks or
drinkable liquids, preparations or mixtures and reused,
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recovered or redistilled denatured alcohol usable or taxable for
beverage purposes which contain more than 0.50% of alcohol by
volume, except pure ethyl alcohol and malt or brewed beverages.
"Malt or brewed beverages." Any beer, lager beer, ale,
porter or similar fermented malt beverage containing 0.50% or
more of alcohol by volume, by whatever name such beverage may be
called.
"State-owned institution." An institution which is part of
the State System of Higher Education under Article XX-A of the
act of March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949, and all branches and campuses of a State-
owned institution.
"State-related institution." The Pennsylvania State
University, including the Pennsylvania College of Technology,
the University of Pittsburgh, Temple University and Lincoln
University and their branch campuses.
Section 3. Parental and institutional notification.
(a) Institution.--A campus officer or employee of an
institution of higher education who has knowledge that a
dependent student has violated 18 Pa.C.S. § 6308 (relating to
purchase, consumption, possession or transportation of liquor or
malt or brewed beverages) shall provide notification within five
business days to the institution of higher education. The
institution of higher education shall designate an office within
the institution to receive such notices. The notice shall be in
writing and shall include:
(1) The name of the dependent student.
(2) The date and time the violation occurred.
(3) The location where the violation occurred.
(4) A description of the violation.
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(b) Parent or guardian.--An institution of higher education
shall provide written notice of the violation described in
subsection (a) to the parent or guardian of the dependent
student within ten business days of receiving written notice of
the violation.
Section 4. Institution notification.
A campus officer or employee of an institution of higher
education who has knowledge that a dependent student under 21
years of age has purchased, consumed or received liquor or a
malt or brewed beverage from a particular licensee shall notify
the designated office of the institution of higher education
within five business days. The notice shall be in writing and
shall include:
(1) The name of the dependent student.
(2) The name and address of the licensee.
(3) The date and time of the incident.
(4) A description of the incident.
Section 5. Enforcement and penalty.
(a) Action to compel compliance.--When the Attorney General
has reason to believe that an institution of higher education is
violating this act, the Attorney General may bring an action in
the name of the Commonwealth against the institution to compel
compliance.
(b) Civil penalty.--In any action brought by the Attorney
General to compel compliance with this act, if the court finds
that an institution of higher education fails to promptly comply
with an order of the court to comply with this act, the Attorney
General, acting in the name of the Commonwealth, may recover on
behalf of the Commonwealth a civil penalty of not more than
$10,000.
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Section 6. Immunity from liability.
A campus officer, an employee of an institution of higher
education or an institution of higher education that provides
notice in good faith pursuant to section 4 shall not be civilly
or criminally liable for any decision made, action taken or
information disclosed when acting under and according to section
4. The good faith of the campus officer, employee of the
institution of higher education or the institution of higher
education shall be presumed.
Section 7. Effective date.
This act shall take effect in 60 days.
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