PRIOR PRINTER'S NO. 853 PRINTER'S NO. 3326
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. A24L24MSP/20070H0725B3326 - 5 -