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        PRIOR PRINTER'S NO. 853                       PRINTER'S NO. 3326

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 725 Session of 2007


        INTRODUCED BY RAYMOND, BARRAR, BISHOP, BLACKWELL, BOYD, BUXTON,
           CALTAGIRONE, CAPPELLI, CLYMER, COSTA, CUTLER, DALLY, DeLUCA,
           DONATUCCI, J. EVANS, FLECK, FRANKEL, GEIST, GERGELY, GIBBONS,
           GINGRICH, GRUCELA, HARHAI, HENNESSEY, HERSHEY, HESS, JAMES,
           W. KELLER, KILLION, KOTIK, KULA, MAHONEY, MARSICO, MELIO,
           MILLARD, MOYER, MUSTIO, NAILOR, O'NEILL, PALLONE, PAYNE,
           PETRARCA, PETRONE, PICKETT, QUIGLEY, RAPP, REICHLEY, ROSS,
           SAYLOR, SCAVELLO, SIPTROTH, SOLOBAY, SONNEY, STABACK, STERN,
           SWANGER, J. TAYLOR, TRUE, WALKO, WATSON, YOUNGBLOOD, KORTZ,
           MURT AND MANTZ, MARCH 19, 2007

        AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF
           REPRESENTATIVES, AS AMENDED, MARCH 10, 2008

                                     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

     1  hereby enacts as follows:
     2  Section 1.  Short title.
     3     This act shall be known and may be cited as the Higher
     4  Education Alcohol Policy Act.
     5  Section 2.  Definitions.
     6     The following words and phrases when used in this act shall
     7  have the meanings given to them in this section unless the
     8  context clearly indicates otherwise:
     9     "Alcohol-related offense."  Any of the following offenses:
    10         (1)  18 PA.C.S. § 6307 (RELATING TO MISREPRESENTATION OF   <--
    11     AGE TO SECURE LIQUOR OR MALT OR BREWED BEVERAGES).
    12         (1)  (2)  18 Pa.C.S. § 6308 (relating to purchase,         <--
    13     consumption, possession or transportation of liquor or malt
    14     or brewed beverages).
    15         (2)  (3)  18 Pa.C.S. § 6309 (relating to representing      <--
    16     that minor is of age).
    17         (3)  18 Pa.C.S. § 6310 (relating to inducement of minors   <--
    18     to buy liquor or malt or brewed beverages).
    19         (4)  18 PA.C.S. § 6310.3 (RELATING TO CARRYING A FALSE     <--
    20     IDENTIFICATION CARD).
    21         (4)  (5)  75 Pa.C.S. § 3718 (relating to minor prohibited  <--
    22     from operating with any alcohol in system).
    23         (5)  (6)  75 Pa.C.S. § 3802 (relating to driving under     <--
    24     influence of alcohol or controlled substance).
    25     "Institution of higher education."  Any of the following:
    26         (1)  A State-related university.
    27         (2)  A university in the State System of Higher
    28     Education.
    29         (3)  A community college.
    30         (4)  A private university or college in this
    20070H0725B3326                  - 2 -     

     1     Commonwealth.
     2  Section 3.  Implementation of alcohol policy.
     3     An institution of higher education shall implement a written
     4  alcohol policy in accordance with the provisions of this act and
     5  shall distribute the policy to each student at the time of
     6  enrollment and once during each academic year thereafter. The
     7  institution of higher education shall publish the policy on the
     8  Internet website of the institution of higher education.
     9  Section 4.  Institution of higher education policy requirements.
    10     The alcohol policy required under this act shall include, at
    11  a minimum, all of the following:
    12         (1)  A summary of the institution of higher education's
    13     rules related to alcohol violations.
    14         (2)  A summary of the institution's penalties related to
    15     alcohol violations and information pertaining to the rights
    16     and appeal process for students.
    17         (3)  A summary of alcohol-related counseling and
    18     treatment programs provided by the institution of higher
    19     education.
    20         (4)  A contact person for the alcohol program at the
    21     institution of higher education.
    22  Section 5.  Institution of higher education duties.
    23     Every institution of higher education:
    24         (1)  Shall have in place a disciplinary system that
    25     ensures students due process in the consideration of
    26     violations of the campus alcohol policy.
    27         (2)  Shall have available an educational counseling
    28     program that is capable of assessing and referring students
    29     for appropriate educational interventions or treatment.
    30         (3)  Shall develop an appropriate range of sanctions so
    20070H0725B3326                  - 3 -     

     1     that students found responsible for alcohol-related offenses
     2     may be assigned penalties appropriate to the severity and
     3     frequency of the offenses. Penalties shall include, at a
     4     minimum, the following:
     5             (i)  Alcohol education and counseling for a first
     6         offense.
     7             (ii)  Alcohol education and counseling and probation
     8         for a second offense.
     9             (iii)  A one-semester suspension from the institution  <--
    10         and ineligibility for future State-funded financial
    11         grants or scholarships for a third or subsequent offense.
    12             (III)  A ONE-SEMESTER SUSPENSION FROM THE INSTITUTION  <--
    13         AND A PERIOD OF INELIGIBILITY OF ONE SEMESTER FOR STATE-
    14         FUNDED FINANCIAL GRANTS OR SCHOLARSHIPS FOR A THIRD OR
    15         SUBSEQUENT OFFENSE.
    16         (4)  Shall develop A parental notification policy in       <--
    17     accordance with Federal requirements when the student
    18     violates the sanctions provided for in paragraph (3).
    19         (5)  Shall act to integrate alcohol education activities
    20     throughout activities and events of the institution and
    21     provide suitable alternatives for students who may
    22     participate in alcohol abuse.
    23         (6)  May establish an Alcohol/Community Task (ACT) Force
    24     and conduct an annual meeting involving the institution of
    25     higher education which may involve community leaders. The
    26     institution of higher education may also invite participation
    27     of liquor providers in this task force.
    28  Section 6.  Provision of alcohol-related offenses summary to
    29                 enrolled students.
    30     A written summary of the Commonwealth's alcohol-related
    20070H0725B3326                  - 4 -     

     1  offenses shall annually be made available to each institution of
     2  higher education by the Pennsylvania State Police. Each
     3  institution of higher education shall distribute the written
     4  summary of the Commonwealth's alcohol-related offenses to each
     5  student upon enrollment and once during each academic year
     6  thereafter.
     7  Section 7.  Reporting.
     8     Every institution of higher education shall provide a written
     9  report, according to guidelines established by the Pennsylvania
    10  Liquor Control Board, on a biennial basis that describes the
    11  alcohol violations policy of the institution of higher education
    12  and an analysis of its implementation.
    13  Section 8.  Penalty.
    14     An institution of higher education that does not comply with
    15  this act shall be ineligible for grants from the Alcohol
    16  Education Bureau of the Pennsylvania Liquor Control Board.
    17  Section 9.  Enforcement.
    18     The Pennsylvania Liquor Control Board shall have the duty to
    19  administer and enforce the provisions of this act.
    20  Section 30.  Effective date.
    21     This act shall take effect in 180 days.






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