1Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2reenacted, "An act relating to alcoholic liquors, alcohol and
3malt and brewed beverages; amending, revising, consolidating
4and changing the laws relating thereto; regulating and
5restricting the manufacture, purchase, sale, possession,
6consumption, importation, transportation, furnishing, holding
7in bond, holding in storage, traffic in and use of alcoholic
8liquors, alcohol and malt and brewed beverages and the
9persons engaged or employed therein; defining the powers and
10duties of the Pennsylvania Liquor Control Board; providing
11for the establishment and operation of State liquor stores,
12for the payment of certain license fees to the respective
13municipalities and townships, for the abatement of certain
14nuisances and, in certain cases, for search and seizure
15without warrant; prescribing penalties and forfeitures;
16providing for local option, and repealing existing laws,"
17further providing for general powers of the board, for
18specific subjects on which board may adopt regulations and
19for Office of Administrative Law Judge; providing for
20employees of the board; and further providing for selection
21of personnel and for management of Pennsylvania Liquor
22Stores.

23The General Assembly of the Commonwealth of Pennsylvania
24hereby enacts as follows:

25Section 1. Section 207(f) and (h) of the act of April 12,
261951 (P.L.90, No.21), known as the Liquor Code, reenacted and
27amended June 29, 1987 (P.L.32, No.14), are amended and the
28section is amended by adding a subsection to read:

1Section 207. General Powers of Board.--Under this act, the
2board shall have the power and its duty shall be:

3* * *

4(f) To appoint, fix the compensation and define the powers
5and duties of such managers, officers, inspectors, examiners,
6clerks and other employes as shall be required for the operation
7of this act, [subject to the provisions of The Administrative
8Code of 1929 and the Civil Service Act] who shall serve at the 
9board's pleasure. Notwithstanding any other provision of law to 
10the contrary, an employe of the board may not be considered a 
11member of the classified service, as that term is defined in the 
12act of August 5, 1941 (P.L.752, No.286), known as the "Civil 
13Service Act," except as set forth in this act. An employe of the 
14board shall be considered a State employe for purposes of 71 
15Pa.C.S. Pt. XXV (relating to retirement for State employees and 
16officers). The board shall establish a system of classification 
17and compensation of its employes and may not be subject to the 
18provisions of the act of April 9, 1929 (P.L.177, No.175), known 
19as "The Administrative Code of 1929," as to classification and 
20compensation for its employes. The board shall conduct its 
21activities consistent with the practices and procedures of 
22Commonwealth agencies. The board shall adhere to the provisions 
23of 51 Pa.C.S. Ch. 71 (relating to veterans' preference), as they 
24relate to noncivil service positions.

25* * *

26(h) Without in any way limiting or being limited by the
27foregoing, to do all such things and perform all such acts as
28are deemed necessary or advisable for the purpose of carrying
29into effect the provisions of this act and the regulations made
30thereunder. Notwithstanding any other provision of law to the 

1contrary, the board is authorized to purchase all goods and 
2services in its sole discretion that are deemed necessary to 
3perform all such acts. The board may promulgate regulations 
4providing for the procurement of those goods and services.

5* * *

6(l) Notwithstanding any other provision of law to the
7contrary, to enter into agreements with governmental units of
8the Commonwealth and other states for the purchase or sale of
9goods and services with, from or to the governmental units.

10Section 2. Section 208(c) of the act is amended to read:

11Section 208. Specific Subjects on Which Board May Adopt
12Regulations.--Subject to the provisions of this act and without
13limiting the general power conferred by the preceding section,
14the board may make regulations regarding:

15* * *

16(c) The purchase, as provided in this act, of liquor and
17alcohol, and its supply to Pennsylvania Liquor Stores and the 
18procurement of all other goods and services that are deemed 
19necessary by the board, in its sole discretion, to perform all 
20such acts.

21* * *

22Section 3. Section 212 of the act, amended June 30, 1992
23(P.L.327, No.66), is amended to read:

24Section 212. Office of Administrative Law Judge.--(a) There
25is hereby created within the board an autonomous office to be
26known as the Office of Administrative Law Judge.

27(b) The Governor shall appoint from a list of qualified
28candidates [submitted by the Civil Service Commission after
29appropriate examination under the act of August 5, 1941 
30(P.L.752, No.286), known as the "Civil Service Act,"] as many

1administrative law judges as the board, with the approval of the
2Governor, deems necessary for the holding of hearings required
3or permitted under this act. The Governor shall designate one of
4the [civil service] appointees as the chief administrative law
5judge.

6(c) Administrative law judges shall preside at all citation
7and other enforcement hearings required or permitted under this
8act.

9(d) Administrative law judges appointed under this section
10shall be learned in the law and shall be members in good
11standing of the bar of the Supreme Court of Pennsylvania.

12(e) Compensation for the administrative law judges shall be
13established by the Executive Board.

14(f) Administrative law judges shall devote full time to
15their official duties and shall perform no duties inconsistent
16with their duties and responsibilities as administrative law
17judges.

18[(g) Administrative law judges appointed under this section
19shall be afforded employment security as provided by the "Civil
20Service Act."

21(h) The board shall select five hearing examiners from the
22complement of hearing examiners, who have been appointed by the
23Governor and who are employed by the board on the effective date
24of this subsection, to conduct the licensing hearings required
25by this act. The selection of the five hearing examiners shall
26be at the board's discretion.

27(i) Nothing in this section or this act shall be construed
28or intended to change the terms and conditions of employment of
29the five hearing examiners selected by the board pursuant to
30subsection (h).]

1Section 4. The act is amended by adding a section to read:

2Section 218. Employes of the Board.--(a) All collective
3bargaining agreements in effect at the time of enactment of this
4section shall remain in force for the term of the agreement. New
5collective bargaining agreements shall be negotiated by the
6collective bargaining agent for each bargaining unit. The board
7shall be the employer of record for all employes and shall
8conduct its activities consistent with the practices and
9procedures of other Commonwealth agencies.

10(b) Employes of the board shall be deemed public employes. 
11Labor relations and collective bargaining shall be governed by 
12the act of July 23, 1970 (P.L.563, No.195), known as the "Public 
13Employe Relations Act" and the act of April 9, 1929 (P.L.177, 
14No.175), known as "The Administrative Code of 1929," on the 
15effective date of this section.

16(c) The civil service status of a person employed by the
17board on the effective date of this section shall remain the
18same as it was immediately prior to the effective date of this
19section, for as long as the person remains in the position the
20person held on the effective date of this section.

21Section 5. Section 302 of the act is repealed:

22[Section 302. Selection of Personnel.--Officers and employes
23of the board, except as herein otherwise provided, shall be
24appointed and employed subject to the provisions of the Civil
25Service Act.]

26Section 6. Section 303 of the act is amended to read:

27Section 303. Management of Pennsylvania Liquor Stores.--
28Every Pennsylvania Liquor Store shall be conducted by a person
29appointed [in the manner provided in the Civil Service Act] by 
30the board who shall be known as the "manager" and who shall,

1under the directions of the board, be responsible for carrying
2out the provisions of this act and the regulations adopted by
3the board under this act as far as they relate to the conduct of
4such stores.

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