Brief ⁽¹⁾

Sub. for SB 328 would enact the "Beer and Cereal Malt Beverage Keg Registration Act."

The substitute bill requires beer and cereal malt beverage (CMB) retailers to affix an identification number to all kegs having a capacity of four or more gallons and to maintain certain records to establish the identity of the purchaser. The bill allows for inspections of records by law enforcement personnel at reasonable times for suspected violations of the law. The bill also allows for suspension or revocation of the retailer's license and imposition of a fine, if the retailer is found in violation of the Act. The bill creates a crime of a class B misdemeanor to possess an unregistered beer keg or to remove or deface the required keg identification number. The bill allows a defense to any criminal prosecution or civil action under the Keg Registration Act if the defendant legally sold beer or CMB in compliance with the Act. The bill provides that any city ordinance or county resolution which is in conflict with, or contrary to, the provisions of the bill would be null and void.

The Senate Committee of the Whole amended the bill to:

• Delete the preemption language on the powers of cities and counties;
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• Limit the availability of records required to be kept under the Act to civil or administrative action or criminal prosecution relating to a specific violation of the Liquor Control Act;
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• Require that any violation of the Act would have to be substantial and intentional; and
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• Make several technical and clarifying amendments.

Background

The Senate Committee recommended a substitute bill for SB 328 be passed. Senator Praeger and Senator Barnett and representatives of: Division of Alcoholic Beverage Control, Emporians for Drug Awareness, Kansas Family Partnership, Kansas Department of Transportation, and the Kansas Coordinators of Alcohol Safety Action Projects Association testified in support of the bill. A representative of the Kansas Association of Beverage Retailers testified in opposition to the bill. Written testimony in opposition to the bill was submitted by a representative of Bossert Liquor Stores. Written testimony in support of the bill was submitted by representatives of: Mothers Against Drunk Drivers, the Community Awareness Team of Colby, Kansas, Topeka Shawnee County Alcohol/Drug Abuse Advisory Council, Kansas Association of Addiction Professionals, Regional Prevention Center of the Flint Hills and Northeast Kansas, Allen County Coalition for the KEG Registration Program, and Attorney General Carla Stovall. A Colby High School Senior and the Sheriff of Coffey County also submitted written testimony in support of the bill.

The fiscal note from the Division of the Budget indicates that implementation of SB 328, as introduced, would cost the Department of Revenue from $5,000 to $10,000 to develop and maintain a supply of forms and keg identification tags and additional staff would be needed to administer the bill as well as mail notices to all retailers.

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/fulltext.cgi