THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PETRI, CALTAGIRONE, GILLESPIE, KILLION, MILLER, MURT, MUSTIO AND RAPP, APRIL 20, 2011

AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 21, 2011   

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,"

further providing for general powers of the board, for

specific subjects on which board may adopt regulations and

for Office of Administrative Law Judge; providing for 

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employees of the board; further providing for management of

Pennsylvania Liquor Stores; and making a repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 207(f) and (h) 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), is amended and the

section is amended by adding a subsection to read:

Section 207.  General Powers of Board.--Under this act, the

board shall have the power and its duty shall be:

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(f)  To appoint, fix the compensation and define the powers

and duties of such managers, officers, inspectors, examiners,

clerks and other employes as shall be required for the operation

of this act, [subject to the provisions of The Administrative

Code of 1929 and the Civil Service Act] who shall serve at the

board's pleasure. Notwithstanding any other provision of law to

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the contrary, an employe of the board shall not be considered a

member of the classified service, as that term is defined in the

act of August 5, 1941 (P.L.752, No.286), known as the "Civil

Service Act," except as set forth in this act. An employe of the

board shall be considered a State employe for purposes of 71

Pa.C.S. Pt. XXV (relating to retirement for State employees and

officers). The board shall establish a system of classification

and compensation of its employes and shall not be subject to the

provisions of the act of April 9, 1929 (P.L.177, No.175), known

as The Administrative Code of 1929, as to classification and

compensation for its employes, and shall conduct its activities

consistent with the practices and procedures of Commonwealth

agencies. The board shall adhere to the provisions of 51 Pa.C.S.

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Ch. 71 (relating to veterans' preference), as they relate to

noncivil service positions.

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(h)  Without in any way limiting or being limited by the

foregoing, to do all such things and perform all such acts as

are deemed necessary or advisable for the purpose of carrying

into effect the provisions of this act and the regulations made

thereunder. Notwithstanding any other provision of law to the

contrary, the board is authorized to purchase all goods and

services in its sole discretion which are deemed necessary to

perform all such acts. The board is authorized to promulgate

regulations providing for the procurement of such goods and

services.

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(l)  Notwithstanding any other provision of law to the

contrary, to enter into agreements with governmental units of

this Commonwealth and other states for the purchase or sale of

goods and/or services with, from or to the governmental units.

Section 2.  Section 208(c) of the act is amended to read:

Section 208.  Specific Subjects on Which Board May Adopt

Regulations.--Subject to the provisions of this act and without

limiting the general power conferred by the preceding section,

the board may make regulations regarding:

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(c)  The purchase, as provided in this act, of liquor and

alcohol, and its supply to Pennsylvania Liquor Stores and the

procurement of all other goods and services which are deemed

necessary by the board, in its sole discretion, to perform all

such acts.

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Section 3.  Section 212 of the act, amended June 30, 1992

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(P.L.327, No.66), is amended to read:

Section 212.  Office of Administrative Law Judge.--(a)  There

is hereby created within the board an autonomous office to be

known as the Office of Administrative Law Judge.

(b)  The Governor shall appoint from a list of qualified

candidates [submitted by the Civil Service Commission after

appropriate examination under the act of August 5, 1941

(P.L.752, No.286), known as the "Civil Service Act,"] as many

administrative law judges as the board, with the approval of the

Governor, deems necessary for the holding of hearings required

or permitted under this act. The Governor shall designate one of

the [civil service] appointees as the chief administrative law

judge.

(c)  Administrative law judges shall preside at all citation

and other enforcement hearings required or permitted under this

act.

(d)  Administrative law judges appointed under this section

shall be learned in the law and shall be members in good

standing of the bar of the Supreme Court of Pennsylvania.

(e)  Compensation for the administrative law judges shall be

established by the Executive Board.

(f)  Administrative law judges shall devote full time to

their official duties and shall perform no duties inconsistent

with their duties and responsibilities as administrative law

judges.

[(g)  Administrative law judges appointed under this section

shall be afforded employment security as provided by the "Civil

Service Act."

(h)  The board shall select five hearing examiners from the

complement of hearing examiners, who have been appointed by the

Governor and who are employed by the board on the effective date

of this subsection, to conduct the licensing hearings required

by this act. The selection of the five hearing examiners shall

be at the board's discretion.

(i)  Nothing in this section or this act shall be construed

or intended to change the terms and conditions of employment of

the five hearing examiners selected by the board pursuant to

subsection (h).]

Section 4.  The act is amended by adding a section to read:

Section 218. Employes of the Board.--(a)  All collective

bargaining agreements in effect at the time of enactment of this

section shall remain in force for the term of the contract. New

collective bargaining agreements shall be negotiated by the

collective bargaining agent for each bargaining unit. The board

shall be the employer of record for all employes and shall

conduct its activities consistent with the practices and

procedures of other Commonwealth agencies.

(b)  Employes of the board shall be deemed public employes.

Labor relations and collective bargaining shall be governed by

the act of July 23, 1970 (P.L.563, No.195), known as the "Public

Employe Relations Act" and the act of April 9, 1929 (P.L.177,

No.175), known as "The Administrative Code of 1929," on the

effective date of this section.

(c)  The civil service status of a person employed by the

board on the effective date of this section shall remain the

same as it was immediately prior to the effective date of this

section, for as long as the person remains in the position the

person held on the effective date of this section.

Section 3 5.  Section 302 of the act is repealed:

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[Section 302.  Selection of Personnel.--Officers and employes

of the board, except as herein otherwise provided, shall be

appointed and employed subject to the provisions of the Civil

Service Act.]

Section 4 6.  Section 303 of the act is amended to read:

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Section 303.  Management of Pennsylvania Liquor Stores.--

Every Pennsylvania Liquor Store shall be conducted by a person

appointed [in the manner provided in the Civil Service Act] by

the board who shall be known as the "manager" and who shall,

under the directions of the board, be responsible for carrying

out the provisions of this act and the regulations adopted by

the board under this act as far as they relate to the conduct of

such stores.

Section 5 7.  This act shall take effect in 60 days.

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