PRINTER'S NO. 3391
No. 2375 Session of 2006
INTRODUCED BY RAYMOND, ALLEN, BALDWIN, BEBKO-JONES, BIANCUCCI,
BISHOP, BOYD, BUNT, CALTAGIRONE, CAPPELLI, CORNELL, CRAHALLA,
DALLY, DeLUCA, J. EVANS, FRANKEL, FREEMAN, GEIST, GINGRICH,
GODSHALL, GOOD, HARHART, HARRIS, HERMAN, HERSHEY, KAUFFMAN,
W. KELLER, KILLION, KOTIK, LEDERER, MARKOSEK, MARSICO,
MUSTIO, NAILOR, O'NEILL, PAYNE, PETRARCA, PICKETT, QUIGLEY,
REICHLEY, ROSS, SIPTROTH, SONNEY, STABACK, E. Z. TAYLOR,
TRUE, WATSON, WILT, YOUNGBLOOD AND DiGIROLAMO,
JANUARY 24, 2006
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JANUARY 24, 2006
AN ACT
1 Requiring institutions of higher education to implement alcohol
2 policies; providing for enforcement by the Pennsylvania
3 Liquor Control Board; and prescribing a penalty.
4 The General Assembly finds and declares that:
5 (1) 1,400 college students between the ages of 18 and 24
6 die each year from alcohol misuse.
7 (2) Annually 70,000 college students reported cases of
8 sexual abuse because of alcohol use.
9 (3) There are 600,000 reported cases each year of
10 students being assaulted by someone who was drinking.
11 (4) About one-half million college students sustain
12 unintentional injuries that are blamed on alcohol use each
13 year.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
1 Section 1. Short title.
2 This act shall be known and may be cited as the Higher
3 Education Alcohol Policy Act.
4 Section 2. Definitions.
5 The following words and phrases when used in this act shall
6 have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 "Alcohol-related offense." Any of the following offenses:
9 (1) 18 Pa.C.S. § 6308 (relating to purchase,
10 consumption, possession or transportation of liquor or malt
11 or brewed beverages).
12 (2) 18 Pa.C.S. § 6309 (relating to representing that
13 minor is of age).
14 (3) 18 Pa.C.S. § 6310 (relating to inducement of minors
15 to buy liquor or malt or brewed beverages).
16 (4) 75 Pa.C.S. § 3718 (relating to minor prohibited from
17 operating with any alcohol in system).
18 (5) 75 Pa.C.S. § 3802 (relating to driving under
19 influence of alcohol or controlled substance).
20 "Institution of higher education." Any of the following:
21 (1) A State-related university.
22 (2) A university in the State System of Higher
23 Education.
24 (3) A community college.
25 (4) A private university or college in this
26 Commonwealth.
27 Section 3. Implementation of alcohol policy.
28 An institution of higher education shall implement a written
29 alcohol policy in accordance with the provisions of this act and
30 shall distribute the policy to each student at the time of
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1 enrollment and the beginning of each semester or period. The
2 institution of higher education shall publish the policy on the
3 Internet website of the institution of higher education.
4 Section 4. Contents.
5 The alcohol policy required under this act shall address the
6 use, possession or distribution of alcohol to include the
7 following:
8 (1) A summary of the Commonwealth's liquor laws and
9 penalties relating to:
10 (i) Underage drinking.
11 (ii) Use or alteration of false identification.
12 (iii) Furnishing alcoholic beverages to minors.
13 (iv) Driving under the influence of alcohol.
14 (2) A disciplinary policy for students which includes:
15 (i) A review board to determine student disciplinary
16 action for on-campus and related activities.
17 (ii) An educational counseling program relating to
18 underage drinking and alcohol treatment programs.
19 (iii) Penalties for alcohol-related offenses while
20 an enrolled student as follows:
21 (A) Educational counseling for a first offense.
22 (B) Expulsion for one year for a second offense.
23 (C) Permanent expulsion for a third offense.
24 (iv) Ineligibility for future State-funded financial
25 grants or scholarships administered through that school
26 for repeat violations of the policy.
27 Section 5. Penalty.
28 An institution of higher education that does not comply with
29 this act shall be ineligible for grants from the Alcohol
30 Education Bureau of the Pennsylvania Liquor Control Board.
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1 Section 6. Enforcement.
2 The Pennsylvania Liquor Control Board shall have the duty to
3 administer and enforce the provisions of this act.
4 Section 7. Effective date.
5 This act shall take effect in 60 days.
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