PRINTER'S NO. 47
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
55
Session of
2015
INTRODUCED BY PAYNE, BARRAR, COHEN AND MURT, JANUARY 21, 2015
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JANUARY 21, 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
Pennsylvania Liquor Control Board, further providing for
appointment of members, terms and salaries and for chairman
of board.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 201 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 February 21, 2002 (P.L.103,
No.10), is amended to read:
Section 201. Appointment of Members; Terms; Salaries.--(a)
An independent administrative board to be known as the
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"Pennsylvania Liquor Control Board" is hereby created. The board
shall consist of [three members to] nine members who shall be
appointed as follows:
(1) Two members shall be appointed by the Governor by and
with the advice and consent of two-thirds of all the members of
the Senate[, not more than two of whom shall be from the same
political party as the Governor. Of the members first appointed
after the effective date of this amendatory act, one member
shall serve a term of three years, one member shall serve a term
of four years, and one member shall serve a term of five years.
Subsequent].
(2) One member shall be appointed by the President pro
tempore of the Senate.
(3) One member shall be appointed by the Minority Leader of
the Senate.
(4) One member shall be appointed by the Speaker of the
House of Representatives.
(5) One member shall be appointed by the Minority Leader of
the House of Representatives.
(6) Three members shall be appointed from the wine, spirits
and malt and brewed beverages industry. Of these members:
(i) One member shall be appointed by the Governor.
(ii) One member shall be appointed by the President pro
tempore of the Senate.
(iii) One member shall be appointed by the Speaker of the
House of Representatives.
(b) All terms shall be for four years, ending on the third
Tuesday in May. A member may continue to hold office for a
period not to exceed six months beyond the expiration of that
member's term if a successor to that member has not been duly
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appointed and qualified according to law. Each of the members
shall receive an annual salary pursuant to the provisions of the
act of September 30, 1983 (P.L.160, No.39), known as the "Public
Official Compensation Law."
Section 2. Section 203 of the act is amended to read:
Section 203. Chairman of Board.--(a) The Governor shall
designate one of the board members as chairman who shall serve
in that position at the pleasure of the Governor. The chairman
shall, when present, preside at all meetings, and in his absence
a member designated by the chairman shall preside.
(b) [Two] Five members of the board shall constitute a
quorum, and any action or order of the board shall require the
approval of at least [two] five members.
Section 3. This act shall take effect in 60 days.
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