The bill now awaits the Governor's signature. It was a rocky road to adoption for the Conference Committee Report on HB 2199. The bill was passed on May 22, 2013 by the House of Representatives (89-23). The Senate approved the amended report May 15 (39-0). The bill was sent back to conference committee twice to remove sections that legislators in the House and the Senate ultimately opposed.

 

See the Bill Brief and full printout of the Conference Committee Report.

 

Contents of Sub for HB 2199: (The sections that did not survive are marked "CC Deleted" and were NOT passed.)

 

SB 7 -

• ABC Citations must be processed within 90 days - with some allowance for extensions.
• Clarifies that liquor store product tastings may include spirits mixed with ice or other beverages.
• Inserts the language necessary to make liquor store tastings and microdistillery language supplemental to the Liquor Control Act, and clarifying that the rules and regulations that have been established will be legally binding.
• CC Deleted - Provision to allow liquor to be served at events in the State Capitol as authorized by the Legislative Coordinating Council (House Commerce Committee amendment)

House Sub for SB 36 –

• Allows sampling in the clubs and drinking establishments – no charge allowed, limited to five samples, sizes limited. The House committee inserted two parts of SB 7 into the bill. Includes taxation of product used for sampling. Requires the samples to be drawn from the inventory with the licensee paying the drink tax on that inventory, based on the acquisition cost.
• Contains amendments to the restrictions placed on the employees of drinking establishments / on-premise licensees, formerly part of SB 35. Will allow the employee of an on-premise licensee to have up to three liquor-related violations before being disqualified from employment. The House Committee reinstated the prohibition against anyone who had a felony from working for a liquor licensee.

SB 203 –

• Free Wine/Liquor for the general public at Arts Events - New exception for serving complimentary liquor on unlicensed premises for an event benefitting the arts if approved by a local ordinance. (Senate floor amendment)
• Allows pitchers of margaritas, mojitos, sangria (In response to ABC interpretation of the 64 oz. beer pitcher limitation passed by 2012 Legislature. (Original bill)
• Hotels serving complimentary liquor at guest receptions, drink coupons. (Original bill)
• The bill also deletes the requirement for price lists in on-premise establishments. (original bill)
• CC Deleted -Self-service liquor machines where licensee has control of consumption and access, has video surveillance and smart card operations for on-premise licensees. (Senate Committee amendment). It had not been introduced as a bill, but was amended into SB 203. This provision had been amended to be limited to casinos and allow wine only by the conference committee. This issue created a great deal of heartburn for legislators - some opposed allowing self-service, some opposed giving casinos a privilege not allowed for other on-premise licensees.
• CC Deleted -Citizenship provision – stating any U.S. citizen can get a liquor license, removing the 10 year requirement. (House Committee amendment) This issue is repeatedly brought up by legislators as a late amendment on behalf of someone in Johnson County, but never introduced as a bill on its own merit. We expect to see the issue next session.

HB 2223 – CC Deleted

• Homebrewer's bill - the conference committee was forced to delete this section, that would have allowed homebrewers to serve their product to people outside of their families and to hold public competitions. This bill had been delayed when the original bill was opposed by the ABC. Ultimately, the proponents accepted the compromise language put forward by the ABC, but the bill did not move through the legislative process to be passed by either Chamber prior to the end of the regular session. We expect to see this bill next session.

HISTORY:

April 3, 2013 - The combined conference committee report on HB 2199 became the new liquor mega-bill at the end of the regular session, and initially included House Sub for SB 7, SB 35, SB 36, SB 203, and HB 2223.

 

April 5, 2013 - The conference committee report was adopted by the Senate after extensive debate, with most of the controversy focused on a provision to allow liquor in the Capitol for certain occasions. The report was sent back to conference by the House of Representatives when a rules challenge determined that including HB 2223 - the Homebrewers' legislation - in the report was a violation of the Joint Rules of the House and Senate because it included the language of an entire bill that had not passed either Chamber. The liquor in the Capitol provision was also heavily debated in the House - and also had not been passed by the full Senate or House.

 

May 8, 2013 - The conference committee met and agreed to remove the sections of the bill that had not passed either chamber: homebrewer's provision, reduced U.S. citizenship requirement, and liquor in the Capitol.

 

May 10, 2013 - The Senate rejected the conference committee report and sent it back to conference on a motion by Senator Masterson (24-14) based on objections to the casinos self-service machines provision.

 

May 14, 2013 - The conference committee met and agreed to remove the casino self-service machine language.

 

May 15, 2013 - The Senate passed CCR for Sub H 2199 on a vote of 39-0.

 

May 22, 2013 - The House passed CCR for Sub H 2199 on a vote of 89-23.

 

Other Legislation -

HB 2206 - the Uncork Kansas retail liquor deregulation bill was tabled by the House Commerce Committee and is not expected to see any further action this session. However, the Uncork Kansas proponents have been running paid newspaper advertisements and have been featured on radio in recent weeks. KABR members must continue to stand up to these tactics.

Read more here: By Uncork Kansas Coalition