Bill Text: PA HB730 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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 employees of the board; and further providing for selection of personnel and for management of Pennsylvania Liquor Stores.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Introduced - Dead) 2013-02-14 - Referred to LIQUOR CONTROL [HB730 Detail]

Download: Pennsylvania-2013-HB730-Introduced.html

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PRINTER'S NO. 832

 

THE GENERAL ASSEMBLY OF PENNSYLVANIA

 

HOUSE BILL

No.

730

Session of 2013

 

 

 

INTRODUCED BY PETRI, CALTAGIRONE, GINGRICH, KORTZ AND MILNE, FEBRUARY 14, 2013

 

 

REFERRED TO COMMITEE ON LIQUOR CONTROL, FEBRUARY 14, 2013

 

 

 

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
employees of the board; and further providing for selection
of personnel and for management of Pennsylvania Liquor
Stores.

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), are 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:

* * *

(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 
the contrary, an employe of the board may 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 may 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. The board 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. Ch. 71 (relating to veterans' preference), as they 
relate to noncivil service positions.

* * *

(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 that are deemed necessary to 
perform all such acts. The board may promulgate regulations 
providing for the procurement of those goods and services.

* * *

(l) Notwithstanding any other provision of law to the
contrary, to enter into agreements with governmental units of
the Commonwealth and other states for the purchase or sale of
goods and 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:

* * *

(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 that are deemed 
necessary by the board, in its sole discretion, to perform all 
such acts.

* * *

Section 3. Section 212 of the act, amended June 30, 1992
(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 agreement. 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 5. Section 302 of the act is repealed:

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

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 7. This act shall take effect in 60 days.