Brief⁽¹⁾

The bill makes a number of amendments to liquor laws clarifying authority of agents of the Alcoholic Beverage Control (ABC) and authorizing consumption of liquor in certain public places. Specifically, the bill would remove references to enforcement of the "open container law" (K.S.A. 8-1599). The bill would not limit the general law enforcement authority of ABC agents. The open container law could be enforced by those agents in the course of their work, just as other laws are enforced.

In regard to consuming liquor in public places, the bill would authorize consumption of liquor at the Kansas National Guard Regional Training Center in Salina pursuant to rules and regulations adopted by the Adjutant General. The Secretary of Administration would be authorized to adopt policies authorizing consumption of liquor in the Capitol or on the Capitol grounds. Finally, the bill would allow the Board of Regents to adopt policies governing consumption of liquor at the Sternberg Museum at Fort Hays State University.

The bill would become effective upon publication in the Kansas Register.

Background

A 1998 Legislative Post Audit report recommended that the law be clarified to eliminate misunderstandings about the duty of ABC agents to enforce the open container law. The issue was discussed during the Special Committee on Federal and State Affairs' consideration of several liquor-related issues during the 1998 interim. The Committee introduced the bill that would implement the auditors' recommendation.

The Director of ABC spoke in favor of the introduced version of the bill at the hearing before the Senate Committee on Federal and State Affairs. No opponents of the bill presented testimony to the Committee.

The Senate Committee amended the bill to make it effective upon publication in the Kansas Register.

The House amended the bill to authorize consumption of liquor in additional public places.

The fiscal note prepared by the Division of the Budget states that enactment of the introduced version of the bill would have no fiscal impact.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.