PRINTER'S NO.  1930

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1374

Session of

2012

  

  

INTRODUCED BY SCHWANK, FONTANA, BAKER, YUDICHAK, BREWSTER, FARNESE, SOLOBAY, GREENLEAF AND LEACH, JANUARY 31, 2012

  

  

REFERRED TO JUDICIARY, JANUARY 31, 2012  

  

  

  

AN ACT

  

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Amending the act of November 29, 2004 (P.L.1383, No.180),

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entitled "An act requiring institutions of higher education

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to provide students and employees with information relating

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to crime statistics and security measures and to provide

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similar information to prospective students and employees

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upon request; granting powers to the State Board of

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Education; establishing a uniform crime reporting program;

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requiring all county and municipal law enforcement agencies

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to report certain information occurring within the respective

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jurisdictions; imposing duties on the Pennsylvania Commission

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on Crime and Delinquency; authorizing the Pennsylvania State

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Police to collect and gather information on crime and make

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annual reports; providing for penalties; and making a related

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repeal," further providing for crime statistics and security

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policies and procedures; and providing for Pennsylvania safe

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campuses.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 303(b) of the act of November 29, 2004

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(P.L.1383, No.180), known as the Uniform Crime Reporting Act, is

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amended to read:

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Section 303.  Crime statistics and security policies and

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procedures.

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* * *

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(b)  Publishing and distributing reports.--Each institution

 


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of higher education shall publish and distribute a report which

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shall be updated annually and which shall include the crime

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statistics as reported under subsections (a) and (b.2) for the

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most recent three-year period. Crime rates shall also be

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included in the report. The crime rates reported shall be based

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on the numbers and categories of crimes reported under

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subsections (a) and (b.2) and the number of full-time equivalent

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undergraduate and graduate students (FTES) and full-time

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equivalent employees at the institution of higher education.

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[Upon] The report shall be posted on the official Internet

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website of the institution and upon request, the institution

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shall provide the report to every person who submits an

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application for admission to either a main or branch campus and

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to each new employee at the time of employment. In its

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acknowledgment of receipt of the formal application of

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admission, the institution shall notify the applicant of the

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availability of such information. The information shall also be

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provided on an annual basis to all students and employees.

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Institutions with more than one campus shall provide the

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required information on a campus-by-campus basis.

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* * *

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Section 2.  The act is amended by adding a chapter to read:

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Chapter 3-A

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Pennsylvania Safe Campuses

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Section 301-A.  Scope of chapter.

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This chapter relates to reporting, policy and program

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requirements concerning sexual assault and intimate partner

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violence on campuses of institutions of higher education.

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Section 302-A.  Definitions.

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The following words and phrases when used in this chapter

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shall have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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"Awareness program."  A program designed to communicate the

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nature and risk of sexual assaults and intimate partner

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violence.

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"Institution of higher education."  As defined under section

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302.

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"Intimate partner violence."  The commission of, attempt to

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commit or conspiracy to commit an act constituting abuse within

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the meaning of 23 Pa.C.S. Ch. 61 (relating to protection from

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abuse) where the actor is or was the spouse of or in a dating

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relationship with the victim.

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"Prevention program."  A program designed to prevent sexual

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assault and intimate partner violence.

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"Sexual assault."  The commission of, attempt to commit and

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conspiracy to commit an act prohibited under 18 Pa.C.S. Ch. 31

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(relating to sexual offenses).

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"Valid complaint."  As defined under section 302.

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"Victim."  A victim of sexual assault or intimate partner

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violence.

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Section 303-A.  Sexual assault and intimate partner violence

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reporting.

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(a)  Reporting requirements.--An institution of higher

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education shall annually include in the report required under

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section 303 the security policies specifically relating to and

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the number of valid complaints of sexual assault and intimate

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partner violence reported on its campus, including:

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(1)  The number of valid complaints of sexual assault and

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intimate partner violence reported to campus police, campus

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security officers or State, county or local police as

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follows:

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(i)  beginning one year after the effective date of

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this section, the information shall be reported for the

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immediately preceding calendar year;

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(ii)  beginning two years after the effective date of

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this section, the information shall be reported for the

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two immediately preceding calendar years; and

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(iii)  beginning three years after the effective date

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of this section and thereafter, the information shall be

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reported for the three immediately preceding calendar

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years.

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(2)  A statement indicating where information concerning

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the location of offenders subject to 42 Pa.C.S. Ch. 97 Subch.

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H (relating to registration of sexual offenders) can be

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obtained.

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(3)  A description of programs available to students,

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employees and other institution of higher education officials

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concerning the institution's security procedures and

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practices relating to sexual assault and intimate partner

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violence.

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(b)  Interim reports.--Reports of incidents that represent a

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potential threat to other parties shall be publicly and timely

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disclosed in a manner that is prudent to prevent harm and to

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protect the confidentiality of the prior victim.

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Section 304-A.  Policies required.

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An institution of higher education shall have a policy that

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informs students, employees and officials of the institution of

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the rights of victims and the responsibilities of witnesses of

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sexual assault and intimate partner violence and sets forth the

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manner for informing them of their rights and responsibilities.

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The policy shall include all of the following:

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(1)  All instances of sexual assault or intimate partner

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violence involving a minor that are required under Federal or

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State law to be reported to law enforcement authorities shall

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be reported without delay.

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(2)  Victims shall be provided with written, plain

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language information that identifies the availability of and

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contact information for local medical, mental health and

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legal assistance services and the procedures a victim should

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follow after an incident of sexual assault or intimate

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partner violence.

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(3)  Student and employee victims shall be informed of

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assistance that is available to them from the institution of

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higher education in making appropriate changes to academic,

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living, transportation or work circumstances as a result of

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sexual assault or intimate partner violence.

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Section 305-A.  Sexual assault and intimate partner violence

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prevention and awareness program.

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(a)  Program requirements.--An institution of higher

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education shall offer a program on prevention and awareness of

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sexual assault and intimate partner violence for all students

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and employees. The program shall:

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(1)  Provide information on the nature and dynamics of

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sexual assault and intimate partner violence, including the

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meaning of consent and the number of valid complaints of

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sexual assault and intimate partner violence at the

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institution during the most recently concluded calendar year

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and the immediately preceding two calendar years.

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(2)  Provide information on sanctions called for under

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institutional disciplinary proceedings and on potential

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criminal and civil liability.

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(3)  Provide information on procedures that should be

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followed, including the preservation of evidence, contacting

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law enforcement and victim assistance agencies and the

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availability of assistance from the institution to notify

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civil authorities of incidents of sexual assault or intimate

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partner violence.

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(4)  Provide information on the availability of

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counseling, mental health or other services for victims on

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campus or in the community.

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(5)  Provide information relating to bystander

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intervention and risk-reduction strategies.

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(b) Construction.--This section shall not be construed to

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require particular programs, policies or procedures.

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Section 306-A.  Interpretation.

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The provisions of this chapter shall not confer a private

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right of action to enforce its provisions, to establish a

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specific standard of care or a civil cause of action or to

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require the reporting or disclosure of privileged information.

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Evidence of compliance or noncompliance shall not be admissible

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as evidence in a proceeding before a court, agency, board or

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other entity except with respect to an action to enforce the

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provisions of this act.

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Section 307-A.  Enforcement.

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(a)  Action to compel compliance.--The Attorney General may

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bring an action in the name of the Commonwealth against an

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institution of higher education to compel compliance with this

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chapter.

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(b)  Civil penalty.--In an action by the Attorney General to

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compel compliance with this chapter, the court may award a civil

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penalty as follows:

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(1)  Not more than $1,000 for each day of violation for

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willful noncompliance or failure to promptly comply with an

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order of the court to comply with the provisions of this

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chapter.

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(2)  Not more than $25,000 for the first case of

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intentional misrepresentation or concealment by an

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institution of higher education of a valid complaint required

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to be reported under this chapter.

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(3)  Not more than $50,000 for a second or subsequent

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intentional misrepresentation or concealment by an

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institution of higher education of a valid complaint required

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to be reported under this chapter.

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Section 308-A.  Rules and regulations.

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The State Board of Education may, in the manner provided by

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law, promulgate the rules and regulations necessary to carry out

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this chapter.

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Section 3.  This act shall take effect in 180 days.

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