HB 450 — An Act amending the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, in Pennsylvania Liquor Control Board, providing for amnesty for disciplinary actions regarding COVID-19 protocols.

PRINTER'S NO.   427

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 450
                                               Session of
                                                 2025

     INTRODUCED BY DIAMOND, HAMM, GREINER, JAMES, KAUFFMAN, D'ORSIE,
        SMITH, COOPER, BARTON, GROVE AND WALSH, FEBRUARY 3, 2025

     REFERRED TO COMMITTEE ON LIQUOR CONTROL, FEBRUARY 3, 2025


                                    AN ACT
 1   Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An
 2      act relating to alcoholic liquors, alcohol and malt and
 3      brewed beverages; amending, revising, consolidating and
 4      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," in
17      Pennsylvania Liquor Control Board, providing for amnesty for
18      disciplinary actions regarding COVID-19 protocols.
19      The General Assembly of the Commonwealth of Pennsylvania
20   hereby enacts as follows:
21      Section 1.    The act of April 12, 1951 (P.L.90, No.21), known
22   as the Liquor Code, is amended by adding a section to read:
23      Section 219.    Amnesty for Disciplinary Actions Regarding
24   COVID-19 Protocols.--A license that was suspended or revoked or
25   any disciplinary action taken by the board on a licensee for
26   failure to comply with any of the following during the period in
 1   which the Governor's Proclamation of Disaster Emergency issued
 2   on March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020)
 3   was in effect shall be removed or reinstated:
 4      (1)   A proclamation or order of the Governor under 35 Pa.C.S.
 5   § 7301(f)(7) (relating to general authority of Governor),
 6   section 8(a) of the act of April 27, 1905 (P.L.312,
 7   No.218), entitled "An act creating a Department of Health, and
 8   defining its powers and duties," section 2102(a) of the act of
 9   April 9, 1929 (P.L.177, No.175), known as "The Administrative
10   Code of 1929," or section 5 of the act of April 23, 1956 (1955
11   P.L.1510, No.500), known as the "Disease Prevention and Control
12   Law of 1955," which relates to the novel coronavirus known as
13   "COVID-19."
14      (2)   An order of the Secretary of Health under section 8(a)
15   of the act of April 27, 1905 (P.L.312, No.218), entitled "An act
16   creating a Department of Health, and defining its powers and
17   duties," section 2102(a) or 2106 of "The Administrative Code of
18   1929," section 5 of the "Disease Prevention and Control Law of
19   1955" or 28 Pa. Code § 27.60 (relating to disease control
20   measures), 27.61 (relating to isolation), 27.65 (relating to
21   quarantine), 27.66 (relating to placarding), 27.67 (relating to
22   movement of persons and animals subject to isolation or
23   quarantine by action of a local health authority or the
24   Department) or 27.68 (relating to release from isolation or
25   quarantine), which relates to the novel coronavirus known as
26   "COVID-19."
27      (3)   Guidance issued by the Department of Health or the
28   Department of Human Services relating to the novel coronavirus
29   known as "COVID-19."
30      Section 2.   This act shall take effect immediately.

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