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        PRIOR PRINTER'S NOS. 3399, 3456               PRINTER'S NO. 3574

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2383 Session of 2006


        INTRODUCED BY DONATUCCI, BELARDI, RAYMOND, BLACKWELL,
           CALTAGIRONE, CORRIGAN, CRAHALLA, CREIGHTON, DeWEESE,
           FABRIZIO, FRANKEL, GEIST, GOODMAN, W. KELLER, KOTIK, O'NEILL,
           SHANER, SIPTROTH, SOLOBAY, SONNEY, STABACK, TIGUE, YOUNGBLOOD
           AND JOSEPHS, JANUARY 24, 2006

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           FEBRUARY 13, 2006

                                     AN ACT

     1  Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
     2     reenacted, "An act relating to alcoholic liquors, alcohol and
     3     malt and brewed beverages; amending, revising, consolidating
     4     and changing the laws relating thereto; regulating and
     5     restricting the manufacture, purchase, sale, possession,
     6     consumption, importation, transportation, furnishing, holding
     7     in bond, holding in storage, traffic in and use of alcoholic
     8     liquors, alcohol and malt and brewed beverages and the
     9     persons engaged or employed therein; defining the powers and
    10     duties of the Pennsylvania Liquor Control Board; providing
    11     for the establishment and operation of State liquor stores,
    12     for the payment of certain license fees to the respective
    13     municipalities and townships, for the abatement of certain
    14     nuisances and, in certain cases, for search and seizure
    15     without warrant; prescribing penalties and forfeitures;
    16     providing for local option, and repealing existing laws,"
    17     FURTHER PROVIDING FOR DEFINITIONS; AND requiring the Bureau    <--
    18     of Alcohol Education to make certain reports to the General
    19     Assembly.

    20     The General Assembly of the Commonwealth of Pennsylvania
    21  hereby enacts as follows:
    22     Section 1.  The act of April 12, 1951 (P.L.90, No.21), known   <--
    23  as the Liquor Code, reenacted and amended June 29, 1987 (P.L.32,
    24  No.14), is amended by adding a section to read:


     1     SECTION 1.  THE DEFINITION OF "ELIGIBILE ENTITY" IN SECTION    <--
     2  102 OF THE ACT OF APRIL 12, 1951 (P.L.90, NO.21), KNOWN AS THE
     3  LIQUOR CODE, REENACTED AND AMENDED JUNE 29, 1987 (P.L.32, NO.14)
     4  AND AMENDED JANUARY 6, 2006 (P.L.1, NO.1), IS AMENDED TO READ:
     5     SECTION 102.  DEFINITIONS.--THE FOLLOWING WORDS OR PHRASES,
     6  UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, SHALL HAVE THE
     7  MEANINGS ASCRIBED TO THEM IN THIS SECTION:
     8     * * *
     9     "ELIGIBLE ENTITY" SHALL MEAN A CITY OF THE THIRD CLASS, A
    10  HOSPITAL, A CHURCH, A SYNAGOGUE, A VOLUNTEER FIRE COMPANY, A
    11  VOLUNTEER AMBULANCE COMPANY, A VOLUNTEER RESCUE SQUAD, A UNIT OF
    12  A NATIONALLY CHARTERED CLUB WHICH HAS BEEN ISSUED A CLUB LIQUOR
    13  LICENSE, A CLUB IN A CITY OF THE THIRD CLASS WHICH HAS BEEN
    14  ISSUED A CLUB LIQUOR LICENSE AND WHICH, AS OF DECEMBER 31, 2002,
    15  HAS BEEN IN EXISTENCE FOR AT LEAST 100 YEARS, A LIBRARY, A
    16  NATIONALLY ACCREDITED PENNSYLVANIA NONPROFIT ZOOLOGICAL
    17  INSTITUTION LICENSED BY THE UNITED STATES DEPARTMENT OF
    18  AGRICULTURE, A NONPROFIT AGRICULTURAL ASSOCIATION IN EXISTENCE
    19  FOR AT LEAST TEN YEARS, A BONA FIDE SPORTSMEN'S CLUB IN
    20  EXISTENCE FOR AT LEAST TEN YEARS, A NATIONALLY CHARTERED
    21  VETERANS' ORGANIZATION AND ANY AFFILIATED LODGE OR SUBDIVISION
    22  OF SUCH ORGANIZATION, A FRATERNAL BENEFIT SOCIETY THAT IS
    23  LICENSED TO DO BUSINESS IN THIS COMMONWEALTH AND ANY AFFILIATED
    24  LODGE OR SUBDIVISION OF SUCH FRATERNAL BENEFIT SOCIETY, A MUSEUM
    25  OPERATED BY A NONPROFIT CORPORATION IN A CITY OF THE THIRD CLASS
    26  OR TOWNSHIP OF THE FIRST CLASS, A NONPROFIT CORPORATION ENGAGED
    27  IN THE PERFORMING ARTS IN A CITY OF THE THIRD CLASS, BOROUGH OR
    28  IN AN INCORPORATED TOWN, AN ARTS COUNCIL, A NONPROFIT
    29  CORPORATION THAT OPERATES AN ARTS FACILITY OR MUSEUM IN A CITY
    30  OF THE THIRD CLASS IN THE COUNTY OF THE FOURTH CLASS, A
    20060H2383B3574                  - 2 -     

     1  NONPROFIT ORGANIZATION AS DEFINED UNDER SECTION 501(C)(3) OF THE
     2  INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-514, 26 U.S.C. §
     3  501(C)(3)) WHOSE PURPOSE IS TO PROTECT THE ARCHITECTURAL
     4  HERITAGE OF BOROUGHS AND WHICH HAS BEEN RECOGNIZED AS SUCH BY A
     5  MUNICIPAL RESOLUTION, A NONPROFIT ORGANIZATION AS DEFINED UNDER
     6  SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986 (PUBLIC
     7  LAW 99-514, 26 U.S.C. § 501(C)(3)) CONDUCTING A REGATTA IN A
     8  CITY OF THE SECOND CLASS WITH THE PERMIT TO BE USED ON STATE
     9  PARK GROUNDS OR CONDUCTING A FAMILY-ORIENTED CELEBRATION AS PART
    10  OF WELCOME AMERICA IN A CITY OF THE FIRST CLASS ON PROPERTY
    11  LEASED FROM THAT CITY FOR MORE THAN FIFTY YEARS, A NONPROFIT
    12  ORGANIZATION AS DEFINED UNDER SECTION 501(C)(3) OF THE INTERNAL
    13  REVENUE CODE OF 1986 (26 U.S.C. § 501(C)(3)) WHOSE PURPOSE IS TO
    14  RAISE FUNDS FOR THE RESEARCH AND TREATMENT OF CYSTIC FIBROSIS, A
    15  NONPROFIT ORGANIZATION AS DEFINED UNDER SECTION 501(C)(3) OF THE
    16  INTERNAL REVENUE CODE OF 1986 (26 U.S.C. § 501(C)(3)) WHOSE
    17  PURPOSE IS TO EDUCATE THE PUBLIC ON ISSUES DEALING WITH
    18  WATERSHED CONSERVATION, A NONPROFIT ECONOMIC DEVELOPMENT AGENCY
    19  IN A CITY OF THE SECOND CLASS WITH THE PRIMARY FUNCTION TO SERVE
    20  AS AN ECONOMIC GENERATOR FOR THE GREATER SOUTHWESTERN
    21  PENNSYLVANIA REGION BY ATTRACTING AND SUPPORTING FILM,
    22  TELEVISION AND RELATED MEDIA INDUSTRY PROJECTS AND COORDINATING
    23  GOVERNMENT AND BUSINESS OFFICES IN SUPPORT OF A PRODUCTION, A
    24  COUNTY TOURIST PROMOTION AGENCY AS DEFINED IN SECTION 3(1) OF
    25  THE ACT OF APRIL 28, 1961 (P.L.111, NO.50), KNOWN AS THE TOURIST
    26  PROMOTION LAW, OR A JUNIOR LEAGUE IN A THIRD CLASS COUNTY THAT
    27  IS A NONPROFIT ORGANIZATION AS DEFINED UNDER SECTION 501(C)(3)
    28  OF THE INTERNAL REVENUE CODE OF 1986 (26 U.S.C. § 501 (C)(3))
    29  THAT IS COMPRISED OF WOMEN WHOSE PURPOSE IS EXCLUSIVELY
    30  EDUCATIONAL AND CHARITABLE IN PROMOTING THE VOLUNTEERISM OF
    20060H2383B3574                  - 3 -     

     1  WOMEN AND DEVELOPING AND PARTICIPATING IN COMMUNITY PROJECTS AND
     2  THAT HAS BEEN IN EXISTENCE FOR OVER SEVENTY YEARS.
     3     * * *
     4     SECTION 2.  THE ACT IS AMENDED BY ADDING A SECTION TO READ:
     5     Section 217.  Biennial Reports.--(a)  The board's Bureau of
     6  Alcohol Education shall prepare a report on alcohol drinking and
     7  high risk college alcohol drinking in this Commonwealth.
     8     (b)  A report shall be prepared biennially and shall address
     9  the following:
    10     (1)  Current levels and trends of underage alcohol drinking
    11  and high risk college alcohol drinking in this Commonwealth.
    12     (2)  Current programs conducted by State agencies to prevent
    13  underage alcohol drinking and high risk college alcohol
    14  drinking.
    15     (3)  Current science that better defines and suggests proven
    16  prevention strategies for underage alcohol drinking and high
    17  risk college alcohol drinking.
    18     (4)  CURRENT LEGISLATION UTILIZED BY OTHER STATES TO ADDRESS   <--
    19  AND PREVENT UNDERAGE ALCOHOL DRINKING AND HIGH-RISK COLLEGE
    20  ALCOHOL DRINKING.
    21     (c)  The first report to the General Assembly shall be
    22  presented prior to July 1, 2006. Additional reports shall be
    23  presented every two years thereafter. A copy of the report shall
    24  be sent to the chairman and the minority chairman of the Law and
    25  Justice Committee of the Senate and the chairman and the
    26  minority chairman of the Liquor Control Committee of the House
    27  of Representatives.
    28     Section 2.  This act shall take effect immediately.            <--
    29     SECTION 3.  THIS ACT SHALL TAKE EFFECT AS FOLLOWS:             <--
    30         (1)  THE AMENDMENT OF THE DEFINITION OF "ELIGIBLE ENTITY"
    20060H2383B3574                  - 4 -     

     1     IN SECTION 102 OF THE ACT SHALL TAKE EFFECT IN 60 DAYS.
     2         (2)  THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
     3     IMMEDIATELY.


















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