PRINTER'S NO. 1975
No. 1574 Session of 2005
INTRODUCED BY SIPTROTH, BLAUM, SCAVELLO, TIGUE, BARRAR, GRUCELA,
BLACKWELL, BEBKO-JONES, CALTAGIRONE, CREIGHTON, DONATUCCI,
GINGRICH, HERSHEY, HUTCHINSON, JOSEPHS, W. KELLER, KOTIK,
LaGROTTA, PHILLIPS, PRESTON, RAMALEY, STERN, STURLA, TRUE,
WILT, YOUNGBLOOD, SHANER, GERGELY AND MARKOSEK, MAY 12, 2005
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MAY 12, 2005
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.
1 (2) An employee of an institution of higher education
2 who is charged with maintaining the safety and security of
3 the property of the institution and of the persons on the
4 property.
5 "Community college." A public college or technical institute
6 which is established and operated under Article XIX-A of the act
7 of March 10, 1949 (P.L.30, No.14), known as the Public School
8 Code of 1949, and all branch campuses of a community college or
9 technical institute.
10 "Dependent student." Any student who is claimed as a
11 dependent on the Federal income tax return of the student's
12 parent or guardian.
13 "Independent institution of higher education." An
14 institution of higher education which is operated not-for-
15 profit, located in and incorporated or chartered by the
16 Commonwealth, entitled to confer degrees and to apply to itself
17 the designation "college" or "university" as provided for by
18 standards and qualifications prescribed under 24 Pa.C.S. Ch. 65.
19 (relating to private colleges, universities and seminaries).
20 "Institution of higher education." An independent
21 institution of higher education, a community college, a State-
22 owned institution or a State-related institution, any of which
23 is approved by the Department of Education.
24 "Licensee." Any retail or wholesale establishment licensed
25 by the Pennsylvania Liquor Control Board to sell or distribute
26 liquor or malt or brewed beverages.
27 "Liquor." Includes any alcoholic, spirituous, vinous,
28 fermented or other alcoholic beverage, or combination of liquors
29 and mixed liquor a part of which is spirituous, vinous,
30 fermented or otherwise alcoholic, including all drinks or
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1 drinkable liquids, preparations or mixtures and reused,
2 recovered or redistilled denatured alcohol usable or taxable for
3 beverage purposes which contain more than 0.50% of alcohol by
4 volume, except pure ethyl alcohol and malt or brewed beverages.
5 "Malt or brewed beverages." Any beer, lager beer, ale,
6 porter or similar fermented malt beverage containing 0.50% or
7 more of alcohol by volume, by whatever name such beverage may be
8 called.
9 "State-owned institution." An institution which is part of
10 the State System of Higher Education under Article XX-A of the
11 act of March 10, 1949 (P.L.30, No.14), known as the Public
12 School Code of 1949, and all branches and campuses of a State-
13 owned institution.
14 "State-related institution." The Pennsylvania State
15 University, including the Pennsylvania College of Technology,
16 the University of Pittsburgh, Temple University and Lincoln
17 University and their branch campuses.
18 Section 3. Parental and institutional notification.
19 (a) Institution.--A campus officer or employee of an
20 institution of higher education who has knowledge that a
21 dependent student has violated 18 Pa.C.S. § 6308 (relating to
22 purchase, consumption, possession or transportation of liquor or
23 malt or brewed beverages) shall provide notification within five
24 business days to the institution of higher education. The
25 institution of higher education shall designate an office within
26 the institution to receive such notices. The notice shall be in
27 writing and shall include:
28 (1) The name of the dependent student.
29 (2) The date and time the violation occurred.
30 (3) The location where the violation occurred.
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1 (4) A description of the violation.
2 (b) Parent or guardian.--An institution of higher education
3 shall provide written notice of the violation described in
4 subsection (a) to the parent or guardian of the dependent
5 student within ten business days of receiving written notice of
6 the violation.
7 Section 4. Pennsylvania State Police and institution
8 notification.
9 (a) Institution.--A campus officer or employee of an
10 institution of higher education who has knowledge that a
11 dependent student under 21 years of age has purchased, consumed
12 or received liquor or a malt or brewed beverage from a
13 particular licensee shall notify the designated office of the
14 institution of higher education within five business days. The
15 notice shall be in writing and shall include:
16 (1) The name of the dependent student.
17 (2) The name and address of the licensee.
18 (3) The date and time of the incident.
19 (4) A description of the incident.
20 (b) Pennsylvania State Police, Bureau of Liquor Control
21 Enforcement.--An institution of higher education shall notify
22 the Pennsylvania State Police, Bureau of Liquor Control
23 Enforcement of the following information obtained under
24 subsection (a) within ten business days after receiving the
25 information. The notification shall be in writing and shall
26 include:
27 (1) The name and address of the licensee.
28 (2) The date and time of the incident.
29 (3) A description of the incident.
30 Section 5. Enforcement and penalty.
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1 (a) Action to compel compliance.--When the Attorney General
2 has reason to believe that an institution of higher education is
3 violating this act, the Attorney General may bring an action in
4 the name of the Commonwealth against the institution to compel
5 compliance.
6 (b) Civil penalty.--In any action brought by the Attorney
7 General to compel compliance with this act, if the court finds
8 that an institution of higher education fails to promptly comply
9 with an order of the court to comply with this act, the Attorney
10 General, acting in the name of the Commonwealth, may recover on
11 behalf of the Commonwealth a civil penalty of not more than
12 $10,000.
13 Section 6. Immunity from liability.
14 A campus officer, an employee of an institution of higher
15 education, or an institution of higher education that provides
16 notice in good faith pursuant to section 4 (relating to
17 Pennsylvania State Police and institution notification) shall
18 not be civilly or criminally liable for any decision made,
19 action taken or information disclosed when acting under and
20 according to section 4. The good faith of the campus officer,
21 employee of the institution of higher education or the
22 institution of higher education shall be presumed.
23 Section 7. Effective date.
24 This act shall take effect in 60 days.
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