Regular Session 2023-2024 House Bill 1768 P.N. 2287

PRIOR PRINTER'S NO. 2155

PRINTER'S NO. 2287

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1768

Session of

2023

INTRODUCED BY BENHAM, HILL-EVANS, MADDEN, SANCHEZ AND DEASY,

OCTOBER 17, 2023

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

NOVEMBER 13, 2023

AN ACT

Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An

act relating to alcoholic liquors, alcohol and malt and

brewed beverages; amending, revising, consolidating and

changing the laws relating thereto; regulating and

restricting the manufacture, purchase, sale, possession,

consumption, importation, transportation, furnishing, holding

in bond, holding in storage, traffic in and use of alcoholic

liquors, alcohol and malt and brewed beverages and the

persons engaged or employed therein; defining the powers and

duties of the Pennsylvania Liquor Control Board; providing

for the establishment and operation of State liquor stores,

for the payment of certain license fees to the respective

municipalities and townships, for the abatement of certain

nuisances and, in certain cases, for search and seizure

without warrant; prescribing penalties and forfeitures;

providing for local option, and repealing existing laws," in

Pennsylvania Liquor Control Board, further providing for

biennial reports; AND MAKING AN INTERFUND TRANSFER.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 217 of the act of April 12, 1951 (P.L.90,

No.21), known as the Liquor Code, is amended to read:

Section 217. [Biennial Reports.--(a) The board's Bureau of

Alcohol Education shall prepare a report on underage alcohol

drinking and high-risk college alcohol drinking in this

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Commonwealth.

(b) A report shall be prepared biennially and shall address

the following:

(1) Current levels and trends of underage alcohol drinking

and high-risk college alcohol drinking in this Commonwealth.

(2) Current programs conducted by State agencies to prevent

underage alcohol drinking and high-risk college alcohol

drinking.

(3) Current science that better defines and suggests proven

prevention strategies for underage alcohol drinking and high-

risk college alcohol drinking.

presented prior to February 1, 2007. Additional reports shall be

presented every two years thereafter. A copy of the report shall

be sent to the chairman and the minority chairman of the Law and

Justice Committee of the Senate and the chairman and the

minority chairman of the Liquor Control Committee of the House

of Representatives.] Duties of Bureau of Alcohol Education.--(a)

The board's Bureau of Alcohol Education shall prepare a report

PROVIDE INFORMATION, STATISTICS AND DATA on underage alcohol

drinking and high-risk college alcohol drinking in this

Commonwealth. The report shall be prepared annually INFORMATION

SHALL BE PART OF THE BOARD'S ANNUAL FINANCIAL REPORT and shall

address the following:

(1) Current levels and trends of underage alcohol

drinking and high-risk college alcohol drinking in this

Commonwealth.

(2) Current programs conducted by State agencies to

prevent underage alcohol drinking and high-risk college

alcohol drinking.

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(3) Current science that better defines and suggest

proven prevention strategies for underage alcohol drinking

and high-risk college alcohol drinking.

(4) Grants the Bureau of Alcohol Education has awarded

to address alcohol education and public safety.

(b) Reserved.

(1) CURRENT LEVELS AND TRENDS OF UNDERAGE ALCOHOL DRINKING

AND HIGH-RISK COLLEGE ALCOHOL DRINKING IN THIS COMMONWEALTH.

(2) CURRENT PROGRAMS CONDUCTED BY STATE AGENCIES TO PREVENT

UNDERAGE ALCOHOL DRINKING AND HIGH-RISK COLLEGE ALCOHOL

DRINKING.

(3) CURRENT SCIENCE THAT BETTER DEFINES AND SUGGEST PROVEN

PREVENTION STRATEGIES FOR UNDERAGE ALCOHOL DRINKING AND HIGH-

RISK COLLEGE ALCOHOL DRINKING.

(4) GRANTS THE BUREAU OF ALCOHOL EDUCATION HAS AWARDED TO

ADDRESS ALCOHOL EDUCATION AND PUBLIC SAFETY.

(B) (1) ON FEBRUARY 1 OF EACH CALENDAR YEAR, THE STATE

TREASURER SHALL TRANSFER TWO MILLION FIVE HUNDRED THOUSAND

DOLLARS ($2,500,000) FROM THE STATE STORES FUND INTO A

RESTRICTED ACCOUNT ESTABLISHED IN THE STATE TREASURY. MONEY IN

THE RESTRICTED ACCOUNT IS APPROPRIATED TO THE BOARD ON A

CONTINUING BASIS FOR THE PURPOSES OF AWARDING GRANTS UNDER

PARAGRAPH (2).

(2) THE FOLLOWING SHALL APPLY:

(I) THE BOARD SHALL USE THE MONEY APPROPRIATED UNDER

SUBSECTION (B) TO ESTABLISH A PROGRAM IN THE BUREAU OF ALCOHOL

EDUCATION TO PROVIDE GRANTS TO SATURATED MUNICIPALITIES TO

ADDRESS HEALTH, WELFARE AND SAFETY ISSUES ASSOCIATED WITH THE

SALE AND DISTRIBUTION OF ALCOHOL. GRANTS MAY BE USED TO PAY FOR

STAFFING COSTS FOR A MUNICIPAL POLICE DEPARTMENT OR REGIONAL

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POLICE FORCE IN AREAS SURROUNDING LICENSED ESTABLISHMENTS,

SECURITY CAMERAS, EXTRA STREET LIGHTING, TECHNOLOGY ENHANCEMENTS

FOR PUBLIC SAFETY, COMMUNITY VIOLENCE PREVENTION AND MUNICIPAL

PUBLIC SAFETY. A GRANT MAY NOT EXCEED ONE HUNDRED THOUSAND

DOLLARS ($100,000) FOR A SATURATED MUNICIPALITY.

(II) TO QUALIFY FOR A GRANT UNDER SUBPARAGRAPH (I), A

SATURATED MUNICIPALITY MUST DEMONSTRATE NEED AND MUST HAVE A

MUNICIPAL POLICE DEPARTMENT OR REGIONAL POLICE FORCE OR CONTRACT

WITH A MUNICIPAL POLICE DEPARTMENT.

(III) THE BOARD MAY USE AN AMOUNT EQUAL TO TWO PERCENT (2%)

OF THE AMOUNT AWARDED IN GRANTS UNDER THE PROGRAM FOR EXPENSES

ASSOCIATED WITH ADMINISTERING THE PROGRAM.

(IV) WITHIN EIGHTEEN (18) MONTHS OF RECEIVING A GRANT UNDER

THIS SUBSECTION, A SATURATED MUNICIPALITY SHALL PROVIDE A REPORT

TO THE BOARD ON THE IMPACT OF THE GRANT.

(V) THE BOARD SHALL POST A LIST OF MUNICIPALITIES THAT ARE

SATURATED MUNICIPALITIES UNDER THIS SUBSECTION ON THE PUBLICLY

ACCESSIBLE INTERNET WEBSITE OF THE BOARD. THE BOARD SHALL UPDATE

THE LIST ANNUALLY.

(VI) AS USED IN THIS SUBSECTION, THE TERM "SATURATED

MUNICIPALITY" SHALL MEAN A MUNICIPALITY IN WHICH THE TOTAL

NUMBER OF EXISTING RESTAURANT LIQUOR LICENSES AND EATING PLACE

RETAIL DISPENSER LICENSES SUBJECT TO THE QUOTA RESTRICTIONS

SPECIFIED UNDER SECTION 461 ARE EQUAL TO OR EXCEED ONE LICENSE

PER ONE THOUSAND (1,000) INHABITANTS OR EXCEED TEN (10).

Section 2. This act shall take effect in 60 days.

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