| HOUSE AMENDED |
| PRIOR PRINTER'S NOS. 1118, 2236, 2420 | PRINTER'S NO. 2492 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY CORMAN, DINNIMAN, ERICKSON, D. WHITE, VANCE, TARTAGLIONE, FONTANA AND BREWSTER, APRIL 28, 2011 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 16, 2012 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, in financial matters, |
3 | imposing an alcohol offense prevention fee in certain |
4 | municipalities. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Title 42 of the Pennsylvania Consolidated |
8 | Statutes is amended by adding a section to read: |
9 | § 3576. Alcohol offense prevention fee. |
10 | (a) Establishment.--A fee in the amount of $100 shall be |
11 | imposed for each conviction of an offense specified in |
12 | subsection (b). The fee shall be in addition to any other fee or |
13 | court cost authorized under this title or other law. |
14 | (b) Offenses subject to fee.--A person who commits, in an |
15 | eligible municipality, a violation of any of the following |
16 | offenses shall, upon conviction, be ordered to pay the fee |
17 | specified in subsection (a): |
18 | (1) The following provisions of Title 18 (relating to | <-- |
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1 | crimes and offenses): |
2 | Section 5505 (relating to public drunkenness and |
3 | similar misconduct). |
4 | Section 6307 (relating to misrepresentation of age to |
5 | secure liquor or malt or brewed beverages). |
6 | Section 6308 (relating to purchase, consumption, |
7 | possession or transportation of liquor or malt or brewed |
8 | beverages). |
9 | Section 6309 (relating to representing that minor is |
10 | of age). |
11 | Section 6310 (relating to inducement of minors to buy |
12 | liquor or malt or brewed beverages). |
13 | Section 6310.1 (relating to selling or furnishing |
14 | liquor or malt or brewed beverages to minors). |
15 | Section 6310.2 (relating to manufacture or sale of |
16 | false identification card). |
17 | Section 6310.3 (relating to carrying a false |
18 | identification card). |
19 | Section 6310.7 (relating to selling or furnishing |
20 | nonalcoholic beverages to persons under 21 years of age). |
21 | (2) The following provisions of Title 30 (relating to | <-- |
22 | fish): |
23 | Section 5502 (relating to operating watercraft under |
24 | influence of alcohol or controlled substance). |
25 | Section 5502.1 (relating to homicide by watercraft |
26 | while operating under influence). |
27 | (3) The provisions of 34 Pa.C.S. § 2501(a) (relating to |
28 | hunting or furtaking prohibited while under influence of |
29 | alcohol or controlled substance). |
30 | (4) The following provisions of Title 75 (relating to | <-- |
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1 | vehicles): |
2 | Section 3718 (relating to minor prohibited from |
3 | operating with any alcohol in system). |
4 | Section 3735 (relating to homicide by vehicle while |
5 | driving under influence). |
6 | Section 3735.1 (relating to aggravated assault by |
7 | vehicle while driving under the influence). |
8 | Section 3802 (relating to driving under influence of |
9 | alcohol or controlled substance). |
10 | (c) Use of fee.--The fee imposed under this section shall be |
11 | payable to the eligible municipality in which the violation |
12 | occurred and shall be expended only on the alcohol offense | <-- |
13 | prevention unit programs directed at enforcement and prevention | <-- |
14 | of the alcohol-related offenses under Title 18 identified in | <-- |
15 | subsection (b) which are operated by law enforcement officers of |
16 | the eligible municipality or on behalf of the eligible |
17 | municipality for enforcing violations of 18 Pa.C.S. (relating to | <-- |
18 | crimes and offenses). |
19 | (d) Definitions.--As used in this section, the following |
20 | words and phrases shall have the meanings given to them in this |
21 | subsection unless the context clearly indicates otherwise: |
22 | "Eligible municipality." A municipality: | <-- |
23 | (1) in which an institution of higher education is |
24 | wholly or partially situated; and |
25 | (2) that has an alcohol offense prevention unit which is |
26 | operated by law enforcement officers of the municipality or |
27 | on behalf of the municipality in which an institution of | <-- |
28 | higher education is wholly or partially situated. |
29 | "Institution of higher education." Includes any of the |
30 | following: |
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1 | (1) A community college operating under Article XIX-A of |
2 | the act of March 10, 1949 (P.L.30, No.14), known as the |
3 | Public School Code of 1949. |
4 | (2) A university within the State System of Higher |
5 | Education. |
6 | (3) The Pennsylvania State University. |
7 | (4) The University of Pittsburgh. |
8 | (5) Temple University. |
9 | (6) Lincoln University. |
10 | (7) Any other institution that is designated as "State- |
11 | related" by the Commonwealth. |
12 | (8) Any accredited private or independent college or |
13 | university. |
14 | Section 2. This act shall take effect in 60 days. |
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