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| PRIOR PRINTER'S NO. 1585 | PRINTER'S NO. 2160 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PETRI, CALTAGIRONE, GILLESPIE, KILLION, MILLER, MURT, MUSTIO AND RAPP, APRIL 20, 2011 |
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| AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 21, 2011 |
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| AN ACT |
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1 | Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as |
2 | reenacted, "An act relating to alcoholic liquors, alcohol and |
3 | malt and brewed beverages; amending, revising, consolidating |
4 | and changing the laws relating thereto; regulating and |
5 | restricting the manufacture, purchase, sale, possession, |
6 | consumption, importation, transportation, furnishing, holding |
7 | in bond, holding in storage, traffic in and use of alcoholic |
8 | liquors, alcohol and malt and brewed beverages and the |
9 | persons engaged or employed therein; defining the powers and |
10 | duties of the Pennsylvania Liquor Control Board; providing |
11 | for the establishment and operation of State liquor stores, |
12 | for the payment of certain license fees to the respective |
13 | municipalities and townships, for the abatement of certain |
14 | nuisances and, in certain cases, for search and seizure |
15 | without warrant; prescribing penalties and forfeitures; |
16 | providing for local option, and repealing existing laws," |
17 | further providing for general powers of the board, for |
18 | specific subjects on which board may adopt regulations and |
19 | for Office of Administrative Law Judge; providing for | <-- |
20 | employees of the board; further providing for management of |
21 | Pennsylvania Liquor Stores; and making a repeal. |
22 | The General Assembly of the Commonwealth of Pennsylvania |
23 | hereby enacts as follows: |
24 | Section 1. Section 207(f) and (h) of the act of April 12, |
25 | 1951 (P.L.90, No.21), known as the Liquor Code, reenacted and |
26 | amended June 29, 1987 (P.L.32, No.14), is amended and the |
27 | section is amended by adding a subsection to read: |
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1 | Section 207. General Powers of Board.--Under this act, the |
2 | board shall have the power and its duty shall be: |
3 | * * * |
4 | (f) To appoint, fix the compensation and define the powers |
5 | and duties of such managers, officers, inspectors, examiners, |
6 | clerks and other employes as shall be required for the operation |
7 | of this act, [subject to the provisions of The Administrative |
8 | Code of 1929 and the Civil Service Act] who shall serve at the |
9 | board's pleasure. Notwithstanding any other provision of law to | <-- |
10 | the contrary, an employe of the board shall not be considered a |
11 | member of the classified service, as that term is defined in the |
12 | act of August 5, 1941 (P.L.752, No.286), known as the "Civil |
13 | Service Act," except as set forth in this act. An employe of the |
14 | board shall be considered a State employe for purposes of 71 |
15 | Pa.C.S. Pt. XXV (relating to retirement for State employees and |
16 | officers). The board shall establish a system of classification |
17 | and compensation of its employes and shall not be subject to the |
18 | provisions of the act of April 9, 1929 (P.L.177, No.175), known |
19 | as The Administrative Code of 1929, as to classification and |
20 | compensation for its employes, and shall conduct its activities |
21 | consistent with the practices and procedures of Commonwealth |
22 | agencies. The board shall adhere to the provisions of 51 Pa.C.S. | <-- |
23 | Ch. 71 (relating to veterans' preference), as they relate to |
24 | noncivil service positions. |
25 | * * * |
26 | (h) Without in any way limiting or being limited by the |
27 | foregoing, to do all such things and perform all such acts as |
28 | are deemed necessary or advisable for the purpose of carrying |
29 | into effect the provisions of this act and the regulations made |
30 | thereunder. Notwithstanding any other provision of law to the |
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1 | contrary, the board is authorized to purchase all goods and |
2 | services in its sole discretion which are deemed necessary to |
3 | perform all such acts. The board is authorized to promulgate |
4 | regulations providing for the procurement of such goods and |
5 | services. |
6 | * * * |
7 | (l) Notwithstanding any other provision of law to the |
8 | contrary, to enter into agreements with governmental units of |
9 | this Commonwealth and other states for the purchase or sale of |
10 | goods and/or services with, from or to the governmental units. |
11 | Section 2. Section 208(c) of the act is amended to read: |
12 | Section 208. Specific Subjects on Which Board May Adopt |
13 | Regulations.--Subject to the provisions of this act and without |
14 | limiting the general power conferred by the preceding section, |
15 | the board may make regulations regarding: |
16 | * * * |
17 | (c) The purchase, as provided in this act, of liquor and |
18 | alcohol, and its supply to Pennsylvania Liquor Stores and the |
19 | procurement of all other goods and services which are deemed |
20 | necessary by the board, in its sole discretion, to perform all |
21 | such acts. |
22 | * * * |
23 | Section 3. Section 212 of the act, amended June 30, 1992 | <-- |
24 | (P.L.327, No.66), is amended to read: |
25 | Section 212. Office of Administrative Law Judge.--(a) There |
26 | is hereby created within the board an autonomous office to be |
27 | known as the Office of Administrative Law Judge. |
28 | (b) The Governor shall appoint from a list of qualified |
29 | candidates [submitted by the Civil Service Commission after |
30 | appropriate examination under the act of August 5, 1941 |
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1 | (P.L.752, No.286), known as the "Civil Service Act,"] as many |
2 | administrative law judges as the board, with the approval of the |
3 | Governor, deems necessary for the holding of hearings required |
4 | or permitted under this act. The Governor shall designate one of |
5 | the [civil service] appointees as the chief administrative law |
6 | judge. |
7 | (c) Administrative law judges shall preside at all citation |
8 | and other enforcement hearings required or permitted under this |
9 | act. |
10 | (d) Administrative law judges appointed under this section |
11 | shall be learned in the law and shall be members in good |
12 | standing of the bar of the Supreme Court of Pennsylvania. |
13 | (e) Compensation for the administrative law judges shall be |
14 | established by the Executive Board. |
15 | (f) Administrative law judges shall devote full time to |
16 | their official duties and shall perform no duties inconsistent |
17 | with their duties and responsibilities as administrative law |
18 | judges. |
19 | [(g) Administrative law judges appointed under this section |
20 | shall be afforded employment security as provided by the "Civil |
21 | Service Act." |
22 | (h) The board shall select five hearing examiners from the |
23 | complement of hearing examiners, who have been appointed by the |
24 | Governor and who are employed by the board on the effective date |
25 | of this subsection, to conduct the licensing hearings required |
26 | by this act. The selection of the five hearing examiners shall |
27 | be at the board's discretion. |
28 | (i) Nothing in this section or this act shall be construed |
29 | or intended to change the terms and conditions of employment of |
30 | the five hearing examiners selected by the board pursuant to |
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1 | subsection (h).] |
2 | Section 4. The act is amended by adding a section to read: |
3 | Section 218. Employes of the Board.--(a) All collective |
4 | bargaining agreements in effect at the time of enactment of this |
5 | section shall remain in force for the term of the contract. New |
6 | collective bargaining agreements shall be negotiated by the |
7 | collective bargaining agent for each bargaining unit. The board |
8 | shall be the employer of record for all employes and shall |
9 | conduct its activities consistent with the practices and |
10 | procedures of other Commonwealth agencies. |
11 | (b) Employes of the board shall be deemed public employes. |
12 | Labor relations and collective bargaining shall be governed by |
13 | the act of July 23, 1970 (P.L.563, No.195), known as the "Public |
14 | Employe Relations Act" and the act of April 9, 1929 (P.L.177, |
15 | No.175), known as "The Administrative Code of 1929," on the |
16 | effective date of this section. |
17 | (c) The civil service status of a person employed by the |
18 | board on the effective date of this section shall remain the |
19 | same as it was immediately prior to the effective date of this |
20 | section, for as long as the person remains in the position the |
21 | person held on the effective date of this section. |
22 | Section 3 5. Section 302 of the act is repealed: | <-- |
23 | [Section 302. Selection of Personnel.--Officers and employes |
24 | of the board, except as herein otherwise provided, shall be |
25 | appointed and employed subject to the provisions of the Civil |
26 | Service Act.] |
27 | Section 4 6. Section 303 of the act is amended to read: | <-- |
28 | Section 303. Management of Pennsylvania Liquor Stores.-- |
29 | Every Pennsylvania Liquor Store shall be conducted by a person |
30 | appointed [in the manner provided in the Civil Service Act] by |
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1 | the board who shall be known as the "manager" and who shall, |
2 | under the directions of the board, be responsible for carrying |
3 | out the provisions of this act and the regulations adopted by |
4 | the board under this act as far as they relate to the conduct of |
5 | such stores. |
6 | Section 5 7. This act shall take effect in 60 days. | <-- |
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