Regular Session 2015-2016 House Bill 1196 P.N. 1858

PRIOR PRINTER'S NOS. 1571, 1726

PRINTER'S NO. 1858

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1196

Session of

2015

INTRODUCED BY PETRI, MAY 13, 2015

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

JUNE 22, 2015

AN ACT

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

reenacted, "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

PRELIMINARY PROVISIONS, FURTHER PROVIDING FOR DEFINITIONS;

AND, in licenses and regulations and liquor, alcohol and malt

and brewed beverages, further providing for malt and brewed

beverages manufacturers', distributors' and importing

distributors' licenses, FOR LOCAL OPTION AND FOR UNLAWFUL

ACTS RELATIVE TO LIQUOR, ALCOHOL AND LIQUOR LICENSEES.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 431(d)(2) of the act of April 12, 1951

(P.L.90, No.21), known as the Liquor Code, reenacted and amended

June 29, 1987 (P.L.32, No.14) and amended December 20, 1996

(P.L.1513, No.196), is amended to read:

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SECTION 1. THE DEFINITIONS OF "ALCOHOL," "DENATURED ALCOHOL"

AND "LIQUOR" IN SECTION 102 OF THE ACT OF APRIL 12, 1951

(P.L.90, NO.21), KNOWN AS THE LIQUOR CODE, REENACTED AND AMENDED

JUNE 29, 1987 (P.L.32, NO.14), ARE AMENDED AND THE SECTION IS

AMENDED BY ADDING A DEFINITION TO READ:

SECTION 102. DEFINITIONS.--THE FOLLOWING WORDS OR PHRASES,

UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, SHALL HAVE THE

MEANINGS ASCRIBED TO THEM IN THIS SECTION:

"ALCOHOL" SHALL MEAN ETHYL ALCOHOL OF ANY DEGREE OF PROOF

ORIGINALLY PRODUCED BY THE DISTILLATION OF ANY FERMENTED LIQUID,

WHETHER RECTIFIED OR DILUTED WITH OR WITHOUT WATER, WHATEVER MAY

BE THE ORIGIN THEREOF, AND SHALL INCLUDE POWDERED OR CRYSTALLINE

ALCOHOL AND SYNTHETIC ETHYL ALCOHOL, BUT SHALL NOT MEAN OR

INCLUDE ETHYL ALCOHOL, WHETHER OR NOT DILUTED, THAT HAS BEEN

DENATURED OR OTHERWISE RENDERED UNFIT FOR BEVERAGE PURPOSES.

* * *

"DENATURED ALCOHOL" SHALL MEAN AND INCLUDE ALL ALCOHOL OR ANY

COMPOUND THEREOF WHICH BY THE ADMIXTURE OF SUCH DENATURING

MATERIAL OR MATERIALS IS RENDERED UNFIT FOR USE AS A BEVERAGE.

THE TERM SHALL NOT INCLUDE POWDERED OR CRYSTALLINE ALCOHOL.

* * *

"LIQUOR" SHALL MEAN AND INCLUDE ANY ALCOHOLIC, SPIRITUOUS,

VINOUS, FERMENTED OR OTHER ALCOHOLIC BEVERAGE, POWDERED OR

CRYSTALLINE ALCOHOL, OR COMBINATION OF LIQUORS AND MIXED LIQUOR

A PART OF WHICH IS SPIRITUOUS, VINOUS, FERMENTED OR OTHERWISE

ALCOHOLIC, INCLUDING ALL DRINKS OR DRINKABLE LIQUIDS,

PREPARATIONS OR MIXTURES, AND REUSED, RECOVERED OR REDISTILLED

DENATURED ALCOHOL USABLE OR TAXABLE FOR BEVERAGE PURPOSES WHICH

CONTAIN MORE THAN ONE-HALF OF ONE PER CENT OF ALCOHOL BY VOLUME,

EXCEPT PURE ETHYL ALCOHOL AND MALT OR BREWED BEVERAGES.

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"POWDERED OR CRYSTALLINE ALCOHOL" SHALL MEAN A POWDERED OR

CRYSTALLINE PRODUCT PREPARED OR SOLD FOR EITHER DIRECT USE OR

RECONSTITUTION FOR HUMAN CONSUMPTION THAT CONTAINS ANY AMOUNT OF

ALCOHOL WHEN HYDROLYZED.

* * *

SECTION 2. SECTION 431(D)(2) OF THE ACT, AMENDED DECEMBER

20, 1996 (P.L.1513, NO.196), IS AMENDED TO READ:

Section 431. Malt and Brewed Beverages Manufacturers',

Distributors' and Importing Distributors' Licenses.--* * *

(d) * * *

(2) After January 1, 1980, no manufacturer shall enter into

any agreement with more than one distributor or importing

distributor for the purpose of establishing more than one

agreement for designated brand or brands of malt or brewed

beverages in any one territory. Each franchise territory which

is granted by a manufacturer shall be geographically contiguous.

All importing distributors shall maintain sufficient records to

evidence compliance of this section. With regard to any

territorial distribution authority granted to an importing

distributor by a manufacturer of malt or brewed beverages after

January 1, 1996, the records shall establish that each and every

case of a brand of malt or brewed beverages for which the

importing distributor is assigned was sold, resold, stored,

delivered or transported by the importing distributor, either

from a point or to a point with the assigned geographically

contiguous territory, to any person or persons, whether such

person or persons are licensed by this act or not licensed by

this act. As used in this paragraph, the term "geographically

contiguous area" shall include two distinct areas which are

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separated by no more than five miles at the closest point.

* * *

SECTION 3. SECTION 472(A) OF THE ACT, AMENDED FEBRUARY 21,

2002 (P.L.103, NO.10), IS AMENDED TO READ:

SECTION 472. LOCAL OPTION.--(A) IN ANY MUNICIPALITY OR ANY

PART OF A MUNICIPALITY WHERE SUCH MUNICIPALITY IS SPLIT SO THAT

EACH PART THEREOF IS SEPARATED BY ANOTHER MUNICIPALITY, AN

ELECTION MAY BE HELD, SUBJECT TO SUBSECTION (C), [ON THE DATE OF

THE PRIMARY ELECTION IMMEDIATELY PRECEDING ANY MUNICIPAL

ELECTION, BUT] NOT OFTENER THAN ONCE IN FOUR YEARS, TO DETERMINE

THE WILL OF THE ELECTORS WITH RESPECT TO THE GRANTING OF LIQUOR

LICENSES TO HOTELS, RESTAURANTS, RESORT FACILITIES AND CLUBS,

NOT OFTENER THAN ONCE IN FOUR YEARS, TO DETERMINE THE WILL OF

THE ELECTORS WITH RESPECT TO THE GRANTING OF LIQUOR LICENSES TO

PUBLIC VENUES, TO PERFORMING ARTS FACILITIES, TO CONTINUING CARE

RETIREMENT COMMUNITIES, TO HOTELS LOCATED ON PROPERTY OWNED BY

AN ACCREDITED COLLEGE OR UNIVERSITY, TO PRIVATELY-OWNED PRIVATE

GOLF COURSES OR TO PRIVATELY-OWNED PUBLIC GOLF COURSES, NOT

OFTENER THAN ONCE IN FOUR YEARS, TO DETERMINE THE WILL OF THE

ELECTORS WITH RESPECT TO THE GRANTING OF LICENSES TO RETAIL

DISPENSERS OF MALT AND BREWED BEVERAGES, NOT OFTENER THAN ONCE

IN FOUR YEARS, TO DETERMINE THE WILL OF THE ELECTORS WITH

RESPECT TO GRANTING OF LICENSES TO WHOLESALE DISTRIBUTORS AND

IMPORTING DISTRIBUTORS, NOT MORE THAN ONCE IN TWO YEARS, TO

DETERMINE THE WILL OF THE ELECTORS WITH RESPECT TO THE GRANTING

OF CLUB LIQUOR LICENSES OR CLUB RETAIL DISPENSER LICENSES TO

INCORPORATED UNITS OF NATIONAL VETERANS' ORGANIZATIONS, NOT

OFTENER THAN ONCE IN TWO YEARS TO DETERMINE THE WILL OF THE

ELECTORS WITH RESPECT TO THE GRANTING OF SPECIAL OCCASION

PERMITS TO QUALIFIED ORGANIZATIONS, OR NOT MORE THAN ONCE IN

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FOUR YEARS, TO DETERMINE THE WILL OF THE ELECTORS WITH RESPECT

TO THE ESTABLISHMENT, OPERATION AND MAINTENANCE BY THE BOARD OF

PENNSYLVANIA LIQUOR STORES, WITHIN THE LIMITS OF SUCH

MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY, UNDER THE

PROVISIONS OF THIS ACT: PROVIDED, [HOWEVER, WHERE AN ELECTION

SHALL HAVE BEEN HELD AT THE PRIMARY PRECEDING A MUNICIPAL

ELECTION IN ANY YEAR, ANOTHER ELECTION MAY BE HELD UNDER THE

PROVISIONS OF THIS ACT AT THE PRIMARY OCCURRING THE FOURTH YEAR

AFTER SUCH PRIOR ELECTION: AND PROVIDED FURTHER,] THAT AN

ELECTION ON THE QUESTION OF ESTABLISHING AND OPERATING A STATE

LIQUOR STORE SHALL BE INITIATED ONLY IN THOSE MUNICIPALITIES, OR

THAT PART OF A SPLIT MUNICIPALITY THAT SHALL HAVE VOTED AGAINST

THE GRANTING OF LIQUOR LICENSES; AND THAT AN ELECTION ON THE

QUESTION OF GRANTING WHOLESALE DISTRIBUTOR AND IMPORTING

DISTRIBUTOR LICENSES SHALL BE INITIATED ONLY IN THOSE

MUNICIPALITIES OR PARTS OF SPLIT MUNICIPALITIES THAT SHALL HAVE

AT A PREVIOUS ELECTION VOTED AGAINST THE GRANTING OF DISPENSER'S

LICENSES. WHENEVER ELECTORS EQUAL TO AT LEAST TWENTY-FIVE PER

CENTUM OF THE HIGHEST VOTE CAST FOR ANY OFFICE IN THE

MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY AT THE LAST

PRECEDING GENERAL ELECTION SHALL FILE A PETITION WITH THE COUNTY

BOARD OF ELECTIONS OF THE COUNTY FOR A REFERENDUM ON THE

QUESTION OF GRANTING ANY OF SAID CLASSES OF LICENSES OR THE

ESTABLISHMENT OF PENNSYLVANIA LIQUOR STORES, THE SAID COUNTY

BOARD OF ELECTIONS SHALL CAUSE A QUESTION TO BE PLACED ON THE

BALLOTS OR ON THE VOTING MACHINE BOARD AND SUBMITTED AT [THE

PRIMARY IMMEDIATELY PRECEDING THE MUNICIPAL] ANY ELECTION.

SEPARATE PETITIONS MUST BE FILED FOR EACH QUESTION TO BE VOTED

ON. SAID PROCEEDINGS SHALL BE IN THE MANNER AND SUBJECT TO THE

PROVISIONS OF THE ELECTION LAWS WHICH RELATE TO THE SIGNING,

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FILING AND ADJUDICATION OF NOMINATION PETITIONS, INSOFAR AS SUCH

PROVISIONS ARE APPLICABLE.

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR

LICENSES, IT SHALL BE IN THE FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES FOR THE

SALE OF LIQUOR IN.....................................

OF....................................................?

YES

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR

LICENSES TO RESORT FACILITIES IN THOSE MUNICIPALITIES THAT DO

NOT ALREADY ALLOW THE RETAIL SALE OF LIQUOR, IT SHALL BE IN THE

FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES TO RESORT

FACILITIES FOR THE SALE OF LIQUOR IN THE..............

OF....................................................?

YES

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF RESTAURANT

LIQUOR LICENSES FOR USE AT PUBLIC VENUES IN THOSE MUNICIPALITIES

THAT DO NOT ALREADY ALLOW THE RETAIL SALE OF LIQUOR, IT SHALL BE

IN THE FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES TO PUBLIC

VENUES FOR THE SALE OF LIQUOR IN THE..................

OF....................................................?

YES

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF RESTAURANT

LIQUOR LICENSES FOR USE AT PERFORMING ARTS FACILITIES IN THOSE

MUNICIPALITIES THAT DO NOT ALREADY ALLOW THE RETAIL SALE OF

ALCOHOL, IT SHALL BE IN THE FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES TO

PERFORMING ARTS FACILITIES FOR THE SALE OF LIQUOR IN

THE...................................................

OF....................................................?

YES

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR

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LICENSES FOR HOTELS LOCATED ON PROPERTY OWNED BY AN ACCREDITED

COLLEGE OR UNIVERSITY IN THOSE MUNICIPALITIES THAT DO NOT

ALREADY ALLOW THE GRANTING OF LIQUOR LICENSES, IT SHALL BE IN

THE FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES TO HOTELS

ON PROPERTY OWNED BY AN ACCREDITED COLLEGE OR

UNIVERSITY IN

THE................................................

OF....................................................?

YES

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR

LICENSES, FOR PRIVATELY-OWNED PRIVATE GOLF COURSES, IT SHALL BE

IN THE FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES FOR

PRIVATELY-OWNED PRIVATE GOLF COURSES FOR THE SALE OF

LIQUOR IN.....................BY......................

OF....................................................?

YES

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR

LICENSES, FOR PRIVATELY-OWNED PUBLIC GOLF COURSES, IT SHALL BE

IN THE FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES FOR

PRIVATELY-OWNED PUBLIC GOLF COURSES FOR THE SALE OF

LIQUOR IN....................BY.......................

OF....................................................?

YES

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR

LICENSES TO CONTINUING CARE RETIREMENT COMMUNITIES IN THOSE

MUNICIPALITIES THAT HAVE NOT ALREADY APPROVED THE GRANTING OF

LIQUOR LICENSES, IT SHALL BE IN THE FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES FOR

CONTINUING CARE RETIREMENT COMMUNITIES

IN...........................BY....................... YES

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OF....................................................? NO

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LICENSES

TO RETAIL DISPENSERS OF MALT AND BREWED BEVERAGES, IT SHALL BE

IN THE FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF MALT AND BREWED BEVERAGE

RETAIL DISPENSER LICENSES FOR CONSUMPTION ON PREMISES

WHERE SOLD IN THE.....................................

OF....................................................?

YES

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LICENSES

TO WHOLESALE DISTRIBUTORS OF MALT OR BREWED BEVERAGES AND

IMPORTING DISTRIBUTORS, IT SHALL BE IN THE FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF MALT AND BREWED BEVERAGE

WHOLESALE DISTRIBUTOR'S AND IMPORTING DISTRIBUTOR'S

LICENSES NOT FOR CONSUMPTION ON PREMISES WHERE SOLD IN

THE...................................................

OF....................................................?

YES

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF CLUB

LIQUOR LICENSES TO INCORPORATED UNITS OF NATIONAL VETERANS'

ORGANIZATIONS, IT SHALL BE IN THE FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF CLUB LIQUOR LICENSES TO

INCORPORATED UNITS OF NATIONAL VETERANS' ORGANIZATIONS

IN THE................................................

OF....................................................?

YES

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF CLUB

RETAIL DISPENSER LICENSES TO INCORPORATED UNITS OF NATIONAL

VETERANS' ORGANIZATIONS, IT SHALL BE IN THE FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF CLUB RETAIL DISPENSER

LICENSES TO INCORPORATED UNITS OF NATIONAL VETERANS'

ORGANIZATIONS IN THE..................................

OF....................................................?

YES

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WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF SPECIAL

OCCASION PERMITS ALLOWING THE SALE OF LIQUOR BY QUALIFIED

ORGANIZATIONS IN MUNICIPALITIES THAT DO NOT ALREADY ALLOW THE

RETAIL SALE OF LIQUOR, IT SHALL BE IN THE FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF SPECIAL OCCASION PERMITS

TO ALLOW THE SALE OF LIQUOR BY QUALIFIED ORGANIZATIONS

THE...................................................

OF....................................................?

YES

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF SPECIAL

OCCASION PERMITS ALLOWING THE SALE OF MALT OR BREWED BEVERAGES

ONLY BY QUALIFIED ORGANIZATIONS IN MUNICIPALITIES THAT DO NOT

ALREADY ALLOW THE RETAIL SALE OF MALT OR BREWED BEVERAGES, IT

SHALL BE IN THE FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF SPECIAL OCCASION PERMITS

TO ALLOW THE SALE OF MALT OR BREWED BEVERAGES ONLY BY

QUALIFIED ORGANIZATIONS IN THE........................

OF....................................................?

YES

WHEN THE QUESTION IS IN RESPECT TO THE ESTABLISHMENT,

OPERATION AND MAINTENANCE OF PENNSYLVANIA LIQUOR STORES IT SHALL

BE IN THE FOLLOWING FORM:

DO YOU FAVOR THE ESTABLISHMENT, OPERATION AND

MAINTENANCE OF PENNSYLVANIA LIQUOR STORES IN

THE...................................................

OF....................................................?

YES

IN CASE OF A TIE VOTE, THE STATUS QUO SHALL OBTAIN. IF A

MAJORITY OF THE VOTING ELECTORS ON ANY SUCH QUESTION VOTE "YES,"

THEN LIQUOR LICENSES SHALL BE GRANTED BY THE BOARD TO HOTELS,

RESTAURANTS, RESORT FACILITIES AND CLUBS, OR LIQUOR LICENSES

SHALL BE GRANTED BY THE BOARD TO PUBLIC VENUES, TO PERFORMING

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ARTS FACILITIES, TO CONTINUING CARE RETIREMENT COMMUNITIES, TO

HOTELS LOCATED ON PROPERTY OWNED BY AN ACCREDITED COLLEGE OR

UNIVERSITY, TO PRIVATELY-OWNED PRIVATE GOLF COURSES OR TO

PRIVATELY-OWNED PUBLIC GOLF COURSES, OR MALT AND BREWED BEVERAGE

RETAIL DISPENSER LICENSES OR WHOLESALE DISTRIBUTOR'S AND

IMPORTING DISTRIBUTOR'S LICENSE FOR THE SALE OF MALT OR BREWED

BEVERAGES SHALL BE GRANTED BY THE BOARD, OR CLUB LIQUOR LICENSES

OR CLUB RETAIL DISPENSER LICENSES SHALL BE GRANTED BY THE BOARD

TO INCORPORATED UNITS OF NATIONAL VETERANS' ORGANIZATIONS, OR

SPECIAL OCCASION PERMITS MAY BE ISSUED TO QUALIFIED

ORGANIZATIONS, OR THE BOARD MAY ESTABLISH, OPERATE AND MAINTAIN

PENNSYLVANIA LIQUOR STORES, AS THE CASE MAY BE, IN SUCH

MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY, AS PROVIDED BY

THIS ACT; BUT IF A MAJORITY OF THE ELECTORS VOTING ON ANY SUCH

QUESTION VOTE "NO," THEN THE BOARD SHALL HAVE NO POWER TO GRANT

OR TO RENEW UPON THEIR EXPIRATION ANY LICENSES OF THE CLASS SO

VOTED UPON IN SUCH MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY;

OR IF THE NEGATIVE VOTE IS ON THE QUESTION IN RESPECT TO THE

ESTABLISHMENT, OPERATION AND MAINTENANCE OF PENNSYLVANIA LIQUOR

STORES, THE BOARD SHALL NOT OPEN AND OPERATE A PENNSYLVANIA

LIQUOR STORE IN SUCH MUNICIPALITY OR PART OF A SPLIT

MUNICIPALITY, NOR CONTINUE TO OPERATE A THEN EXISTING

PENNSYLVANIA LIQUOR STORE IN THE MUNICIPALITY OR PART OF A SPLIT

MUNICIPALITY FOR MORE THAN TWO YEARS THEREAFTER OR AFTER THE

EXPIRATION OF THE TERM OF THE LEASE ON THE PREMISES OCCUPIED BY

SUCH STORE, WHICHEVER PERIOD IS LESS, UNLESS AND UNTIL AT A

LATER ELECTION A MAJORITY OF THE VOTING ELECTORS VOTE "YES" ON

SUCH QUESTION.

* * *

SECTION 4. SECTION 491 OF THE ACT IS AMENDED BY ADDING A

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PARAGRAPH TO READ:

SECTION 491. UNLAWFUL ACTS RELATIVE TO LIQUOR, ALCOHOL AND

LIQUOR LICENSEES.--

IT SHALL BE UNLAWFUL--

* * *

(15) POSSESSION, PURCHASE, SALE OR USE OF POWDERED OR

CRYSTALLINE ALCOHOL. FOR ANY PERSON TO POSSESS, PURCHASE, SELL,

OFFER TO SELL OR USE POWDERED OR CRYSTALLINE ALCOHOL. THIS

PARAGRAPH SHALL NOT APPLY TO COMMERCIAL OR INDUSTRIAL USE

SPECIFICALLY APPROVED BY STATE LAW, A HOSPITAL THAT OPERATES

PRIMARILY FOR THE PURPOSE OF CONDUCTING SCIENTIFIC RESEARCH, A

STATE INSTITUTION CONDUCTING BONA FIDE RESEARCH, A PRIVATE

COLLEGE OR UNIVERSITY CONDUCTING BONA FIDE RESEARCH OR A

PHARMACEUTICAL COMPANY CONDUCTING BONA FIDE RESEARCH.

Section 2 5. This act shall take effect in 60 days.

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