THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY CORMAN, DINNIMAN, ERICKSON, D. WHITE, VANCE, TARTAGLIONE, FONTANA AND BREWSTER, APRIL 28, 2011

SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, JUNE 4, 2012   

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in financial matters,

imposing an alcohol offense prevention fee in certain

municipalities.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 42 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 3576.  Alcohol offense prevention fee.

(a)  Establishment.--A fee in the amount of $100 shall be

imposed for each conviction of an offense specified in

subsection (b). The fee shall be in addition to any other fee or

court cost authorized under this title or other law.

(b)  Offenses subject to fee.--A person who commits, in an

eligible municipality, a violation of any of the following

offenses shall, upon conviction, be ordered to pay the fee

specified in subsection (a):

(1)  The following provisions of Title 18:

Section 5505 (relating to public drunkenness and

similar misconduct).

Section 6307 (relating to misrepresentation of age to

secure liquor or malt or brewed beverages).

Section 6308 (relating to purchase, consumption,

possession or transportation of liquor or malt or brewed

beverages).

Section 6309 (relating to representing that minor is

of age).

Section 6310 (relating to inducement of minors to buy

liquor or malt or brewed beverages).

Section 6310.1 (relating to selling or furnishing

liquor or malt or brewed beverages to minors).

Section 6310.2 (relating to manufacture or sale of

false identification card).

Section 6310.3 (relating to carrying a false

identification card).

Section 6310.7 (relating to selling or furnishing

nonalcoholic beverages to persons under 21 years of age).

(2)  The following provisions of Title 30:

Section 5502 (relating to operating watercraft under

influence of alcohol or controlled substance).

Section 5502.1 (relating to homicide by watercraft

while operating under influence).

(3)  The provisions of 34 Pa.C.S. § 2501(a) (relating to

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hunting or furtaking prohibited while under influence of

alcohol or controlled substance).

(3) (4)  The following provisions of Title 75:

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Section 3718 (relating to minor prohibited from

operating with any alcohol in system).

Section 3735 (relating to homicide by vehicle while

driving under influence).

Section 3735.1 (relating to aggravated assault by

vehicle while driving under the influence).

Section 3802 (relating to driving under influence of

alcohol or controlled substance).

(c)  Use of fee.--The fee imposed under this section shall be

payable to the eligible municipality in which the violation

occurred and shall be expended only on the alcohol offense

prevention unit operated by law enforcement officers of the

eligible municipality or on behalf of the eligible municipality 

for enforcing violations of 18 Pa.C.S. (relating to crimes and

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offenses).

(d)  Definitions.--As used in this section, "eligible

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municipality" means a municipality:

(1)  in which an institution of higher education is

situated; and

(2)  that has an alcohol offense prevention unit operated

by law enforcement officers of the municipality or on behalf

of the municipality, which unit primarily enforces violations

of 18 Pa.C.S. (relating to crimes and offenses).

(d)  Definitions.--As used in this section, the following

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words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Eligible municipality."  A municipality:

(1)  in which an institution of higher education is

wholly or partially situated; and

(2)  that has an alcohol offense prevention unit which is

operated by law enforcement officers of the municipality or

on behalf of the municipality.

"Institution of higher education."  Includes any of the

following:

(1)  A community college operating under Article XIX-A of

the act of March 10, 1949 (P.L.30, No.14), known as the

Public School Code of 1949.

(2)  A university within the State System of Higher

Education.

(3)  The Pennsylvania State University.

(4)  The University of Pittsburgh.

(5)  Temple University.

(6)  Lincoln University.

(7)  Any other institution that is designated as "State-

related" by the Commonwealth.

(8)  Any accredited private or independent college or

university.

Section 2.  This act shall take effect in 60 days.