1Providing for notifications in connection with the purchase,
2consumption, possession and transportation of alcoholic
3beverages by certain students enrolled in institutions of
4higher education, for enforcement and for a civil penalty.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Short title.

8This act shall be known and may be cited as the Notification
9of College Underage Drinking Act.

10Section 2. Definitions.

11The following words and phrases when used in this act shall
12have the meanings given to them in this section unless the
13context clearly indicates otherwise:

14"Campus officer." Any of the following:

15(1) An employee of an institution of higher education
16who exercises powers of arrest under authority of law or
17ordinance.

18(2) An employee of an institution of higher education

1who is charged with maintaining the safety and security of
2the property of the institution and of the persons on the
3property.

4"Community college." A public college or technical institute
5which is established and operated under Article XIX-A of the act
6of March 10, 1949 (P.L.30, No.14), known as the Public School
7Code of 1949, and all branch campuses of a community college or
8technical institute.

9"Dependent student." Any student who is claimed as a
10dependent on the Federal income tax return of the student's
11parent or guardian.

12"Independent institution of higher education." An
13institution of higher education which is operated not-for-
14profit, located in and incorporated or chartered by the
15Commonwealth, entitled to confer degrees and to apply to itself
16the designation "college" or "university" as provided for by
17standards and qualifications prescribed under 24 Pa.C.S. Ch. 65.
18(relating to private colleges, universities and seminaries).

19"Institution of higher education." An independent
20institution of higher education, a community college, a State-
21owned institution or a State-related institution, any of which
22is approved by the Department of Education.

23"Licensee." Any retail or wholesale establishment licensed
24by the Pennsylvania Liquor Control Board to sell or distribute
25liquor or malt or brewed beverages.

26"Liquor." Includes any alcoholic, spirituous, vinous,
27fermented or other alcoholic beverage, or combination of liquors
28and mixed liquor a part of which is spirituous, vinous,
29fermented or otherwise alcoholic, including all drinks or
30drinkable liquids, preparations or mixtures and reused,

1recovered or redistilled denatured alcohol usable or taxable for
2beverage purposes which contain more than 0.50% of alcohol by
3volume, except pure ethyl alcohol and malt or brewed beverages.

4"Malt or brewed beverages." Any beer, lager beer, ale,
5porter or similar fermented malt beverage containing 0.50% or
6more of alcohol by volume, by whatever name such beverage may be
7called.

8"State-owned institution." An institution which is part of
9the State System of Higher Education under Article XX-A of the
10act of March 10, 1949 (P.L.30, No.14), known as the Public
11School Code of 1949, and all branches and campuses of a State-
12owned institution.

13"State-related institution." The Pennsylvania State
14University, including the Pennsylvania College of Technology,
15the University of Pittsburgh, Temple University and Lincoln
16University and their branch campuses.

17Section 3. Parental and institutional notification.

18(a) Institution.--A campus officer or employee of an
19institution of higher education who has knowledge that a
20dependent student has violated 18 Pa.C.S. § 6308 (relating to
21purchase, consumption, possession or transportation of liquor or
22malt or brewed beverages) shall provide notification within five
23business days to the institution of higher education. The
24institution of higher education shall designate an office within
25the institution to receive such notices. The notice shall be in
26writing and shall include:

27(1) The name of the dependent student.

28(2) The date and time the violation occurred.

29(3) The location where the violation occurred.

30(4) A description of the violation.

1(b) Parent or guardian.--An institution of higher education
2shall provide written notice of the violation described in
3subsection (a) to the parent or guardian of the dependent
4student within ten business days of receiving written notice of
5the violation.

6Section 4. Institution notification.

7A campus officer or employee of an institution of higher
8education who has knowledge that a dependent student under 21
9years of age has purchased, consumed or received liquor or a
10malt or brewed beverage from a particular licensee shall notify
11the designated office of the institution of higher education
12within five business days. The notice shall be in writing and
13shall include:

14(1) The name of the dependent student.

15(2) The name and address of the licensee.

16(3) The date and time of the incident.

17(4) A description of the incident.

18Section 5. Enforcement and penalty.

19(a) Action to compel compliance.--When the Attorney General
20has reason to believe that an institution of higher education is
21violating this act, the Attorney General may bring an action in
22the name of the Commonwealth against the institution to compel
23compliance.

24(b) Civil penalty.--In any action brought by the Attorney
25General to compel compliance with this act, if the court finds
26that an institution of higher education fails to promptly comply
27with an order of the court to comply with this act, the Attorney
28General, acting in the name of the Commonwealth, may recover on
29behalf of the Commonwealth a civil penalty of not more than
30$10,000.

1Section 6. Immunity from liability.

2A campus officer, an employee of an institution of higher
3education or an institution of higher education that provides
4notice in good faith pursuant to section 4 shall not be civilly
5or criminally liable for any decision made, action taken or
6information disclosed when acting under and according to section
74. The good faith of the campus officer, employee of the
8institution of higher education or the institution of higher
9education shall be presumed.

10Section 7. Effective date.

11This act shall take effect in 60 days.