Original Jurisdiction in the cases of Edward P. Zemprelli v. William W. Scranton, III, and Edward P. Zemprelli v. Robert C. Jubelirer.
Michael T. McCarthy, Chief Counsel, with him, Sally A. Ulrich, Assistant Counsel, to the Democratic Floor Leader, for petitioner.
Barry M. Hartman, Administrative Deputy General Counsel, with him, Raymond P. Pepe, Deputy General Counsel, and Andrew H. Cline, Associate Deputy General Counsel, for respondents.
President Judge Crumlish, Jr., Judge Colins, and Senior Judge Kalish, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.
[ 102 Pa. Commw. Page 638]
Edward P. Zemprelli has filed a petition for review in the nature of mandamus and a motion for summary
[ 102 Pa. Commw. Page 639]
relief*fn1 in this Court's original jurisdiction seeking to have (1) William W. Scranton, III,*fn2 in his capacity as the duly elected Lieutenant Governor of the Commonwealth of Pennsylvania, and/or Robert C. Jubelirer,*fn3 in his capacity as the duly elected President Pro Tempore of the Pennsylvania Senate, place on the Senate calendar a resolution pursuant to Section 7(b) of the Sunset Act*fn4 calling for the continuance of the Pennsylvania Liquor Control Board (LCB) and (2) judgment entered declaring and adjudicating the respective rights and duties of the parties under the Sunset Act. Scranton has filed an answer and new matter to motion for summary relief and Jubelirer has filed preliminary objections to the petition for review.
At argument, the parties stipulated to the facts as stated in the respondents' briefs and entered as an exhibit the 1986 Rules of the Senate of Pennsylvania, as amended, January 27, 1986.
Section 6(b) of the Sunset Act*fn5 declares that the LCB, along with its statutory duties and functions, shall terminate and go out of existence on December 31, 1985, unless upon extensive legislative review it was reestablished or continued pursuant to Section 7 of the Sunset Act. This procedure could be postponed for a period not exceeding one year upon the authorization of the Sunset Leadership Committee. Section 4(4) of the
[ 102 Pa. Commw. Page 640]
Sunset Act.*fn6 On December 12, 1985, the Leadership Committee adopted a resolution postponing the termination of the LCB until December 31, 1986.
The respondents' briefs indicate several bills have been introduced, amended and acted upon by the respective Houses of the Pennsylvania legislature, but as of November 1, 1986, no single bill continuing, modifying or abolishing the existence of the LCB had been passed by the legislature. Whereupon, on November 12, 1986, Zemprelli requested by letter that the respondents, as presiding officers of the Senate, list a LCB "Sunset resolution" for November 17, 1986, the first legislative day of this month ...