PRINTER'S NO. 542
No. 464 Session of 2003
INTRODUCED BY BLAUM, HERMAN, LESCOVITZ, NAILOR, R. MILLER,
FEESE, TIGUE, SAYLOR, CORRIGAN, BISHOP, TRUE, LAUGHLIN,
SOLOBAY, HARHAI, GEIST, GRUCELA, SHANER, ROBERTS AND HARPER,
FEBRUARY 25, 2003
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 25, 2003
AN ACT
1 Providing for notifications in connection with the purchase,
2 consumption, possession and transportation of alcoholic
3 beverages by certain students enrolled in institutions of
4 higher education, for enforcement and for a civil penalty.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Notification
9 of College Underage Drinking Act.
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Campus officer." Any of the following:
15 (1) An employee of an institution of higher education
16 who exercises powers of arrest under authority of law or
17 ordinance.
18 (2) An employee of an institution of higher education
1 who is charged with maintaining the safety and security of
2 the property of the institution and of the persons on the
3 property.
4 "Community college." A public college or technical institute
5 which is established and operated under Article XIX-A of the act
6 of March 10, 1949 (P.L.30, No.14), known as the Public School
7 Code of 1949, and all branch campuses of a community college or
8 technical institute.
9 "Dependent student." Any student who is claimed as a
10 dependent on the Federal income tax return of his parent or
11 guardian.
12 "Independent institution of higher education." An
13 institution of higher education which is operated not-for-
14 profit, located in and incorporated or chartered by the
15 Commonwealth, entitled to confer degrees as set forth in section
16 211 of the former act of May 5, 1933 (P.L.289, No.105), known as
17 the Nonprofit Corporation Law of 1933, or under 24 Pa.C.S. Ch.
18 65 (relating to private colleges, universities and seminaries)
19 and entitled to apply to itself the designation "college" or
20 "university" as provided for by standards and qualifications
21 prescribed under 24 Pa.C.S. Ch. 65.
22 "Institution of higher education." An independent
23 institution of higher education, a community college, a State-
24 owned institution or a State-related institution, any of which
25 is approved by the Department of Education.
26 "Licensee." Any retail or wholesale establishment licensed
27 by the Pennsylvania Liquor Control Board to sell or distribute
28 liquor or malt or brewed beverages.
29 "Liquor." Includes any alcoholic, spirituous, vinous,
30 fermented or other alcoholic beverage, or combination of liquors
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1 and mixed liquor a part of which is spirituous, vinous,
2 fermented or otherwise alcoholic, including all drinks or
3 drinkable liquids, preparations or mixtures and reused,
4 recovered or redistilled denatured alcohol usable or taxable for
5 beverage purposes which contain more than 0.50% of alcohol by
6 volume, except pure ethyl alcohol and malt or brewed beverages.
7 "Malt or brewed beverages." Any beer, lager beer, ale,
8 porter or similar fermented malt beverage containing 0.50% or
9 more of alcohol by volume, by whatever name such beverage may be
10 called.
11 "State-owned institution." An institution which is part of
12 the State System of Higher Education under Article XX-A of the
13 act of March 10, 1949 (P.L.30, No.14), known as the Public
14 School Code of 1949, and all branches and campuses of a State-
15 owned institution.
16 "State-related institution." The Pennsylvania State
17 University, including the Pennsylvania College of Technology,
18 the University of Pittsburgh, Temple University and Lincoln
19 University and their branch campuses.
20 Section 3. Parental and institutional notification.
21 (a) Institution.--A campus officer or employee of an
22 institution of higher education who has knowledge that a
23 dependent student has violated 18 Pa.C.S. § 6308 (relating to
24 purchase, consumption, possession or transportation of liquor or
25 malt or brewed beverages) shall provide notification within five
26 business days to the institution of higher education. The
27 institution of higher education shall designate an office within
28 the institution to receive such notices. The notice shall be in
29 writing and shall include:
30 (1) The name of the dependent student.
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1 (2) The date and time the violation occurred.
2 (3) The location where the violation occurred.
3 (4) A description of the violation.
4 (b) Parent or guardian.--An institution of higher education
5 shall provide written notice of the violation described in
6 subsection (a) to the parent or guardian of the dependent
7 student within ten business days of receiving written notice of
8 the violation.
9 Section 4. Pennsylvania State Police and institutional
10 notification.
11 (a) Institution.--A campus officer or employee of an
12 institution of higher education who has knowledge that a
13 dependent student under 21 years of age has purchased, consumed
14 or received liquor or a malt or brewed beverage from a
15 particular licensee shall notify the designated office of the
16 institution of higher education within five business days. The
17 notice shall be in writing and shall include:
18 (1) The name of the dependent student.
19 (2) The name and address of the licensee.
20 (3) The date and time of the incident.
21 (4) A description of the incident.
22 (b) Pennsylvania State Police, Bureau of Liquor Control
23 Enforcement.--An institution of higher education shall notify
24 the Pennsylvania State Police, Bureau of Liquor Control
25 Enforcement of the following information obtained under
26 subsection (a) within ten business days after receiving the
27 information. The notification shall be in writing and shall
28 include:
29 (1) The name and address of the licensee.
30 (2) The date and time of the incident.
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1 (3) A description of the incident.
2 Section 5. Enforcement and penalty.
3 (a) Action to compel compliance.--When the Attorney General
4 has reason to believe that an institution of higher education is
5 violating this act, the Attorney General may bring an action in
6 the name of the Commonwealth against the institution to compel
7 compliance.
8 (b) Civil penalty.--In any action brought by the Attorney
9 General to compel compliance with this act, if the court finds
10 that an institution of higher education fails to promptly comply
11 with an order of the court to comply with this act, the Attorney
12 General, acting in the name of the Commonwealth, may recover on
13 behalf of the Commonwealth a civil penalty of not more than
14 $10,000.
15 Section 6. Immunity from liability.
16 A campus officer, an employee of an institution of higher
17 education, or an institution of higher education that provides
18 notice in good faith pursuant to section 4 shall not be civilly
19 or criminally liable for any decision made, action taken or
20 information disclosed when acting under and according to section
21 4. The good faith of the campus officer, employee of the
22 institution of higher education or the institution of higher
23 education shall be presumed.
24 Section 7. Effective date.
25 This act shall take effect in 60 days.
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