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Minutes for SB433 - Committee on Federal and State Affairs

Short Title

Authorizing self-service of beer from automated devices.

Minutes Content for Wed, Mar 28, 2018

Chairperson Barker opened the hearing on SB433.  To give some background on this matter, Chairperson Barker stated that last week the contents of SB433 were put into HB2766 making it a Substitute for HB2766.  The Senate had passed out SB433 the same day we worked HB2766, and it was sent over to us.  If we run Substitute for HB2766, it must run on the House floor and then go back to the Senate and be run on the Senate floor.  After talking with leadership, it was decided that the best course of action is to work SB433, but we first need to hold a hearing on it.  If we work SB433 today, it will go below the line and then the Senate can either concur or not concur with our amendments.  This streamlines the process.  

Jason Long, Revisor, gave an overview of the bill.  The difference in SB433 which was not in HB2766 is the amendment on page 4 changing the times of operation for licensees so they can begin selling alcohol at 6:00 a.m. on any day.  Currently licensees may not begin selling alcohol until 9:00 a.m.

Chairperson Barker recognized Spencer Duncan as a proponent of SB433 (Attachment 1).  Aside from the one difference the Revisor discussed, this is the same as the bill that was passed out last week.  He supports this bill and asks the Committee to pass it.

Chairperson Barker directed the Committee's attention to the written proponent  testimony of Curtis Sneden, Greater Topeka Chamber of Commerce (Attachment 2);  Ryan Cavanaugh, Brew Bank (Attachment) 3; Vince Frye, Downtown Topeka, Incorporated (Attachment 4); John Dicus, Brew Bank (Attachment 5); and Thad Halstead, AIM Strategies, LLC (Attachment 6).  There is also written neutral testimony from Debbi Beavers, Director, Alcoholic Beverage Control (Attachment 7).

The hearing on SB433 was closed. 

Representative Carpenter moved to suspend the rule and work SB433, seconded by Representative Highland.  The motion was passed.

Representative Miller moved to recommend SB433 favorably for passage, seconded by Representative Carpenter.

Chairperson Barker moved to amend SB433 to make it effective upon publication in the Kansas registry, seconded by Representative Whitmer.  The amendment to SB433 was passed.

Discussion ensued.

Representative Lusk moved to amend SB433 by striking the language regarding the 6:00 a.m. time, seconded by Representative Whitmer.

Jason Long, Revisor, stated that the motion strikes language in the amendment to the bill which would allow licensees to begin selling liquor at 6:00 a.m. Under this amendment, lines 26-40 on page 4 would be stricken and references to K.S.A. 2017 Supp. 41-2614 and other places in the bill would also be stricken.

Representative Lusk moved her amendment.  The Chair was in doubt on the vote.  A vote was taken by a raise of hands.  There were eleven yes votes and seven no votes.  The amendment to SB433 passed.

Representative Miller moved to recommend SB433, as amended, favorably for passage, seconded by Representative Humphries.  SB433, as amended was passed.

Representative Ellis requested to have his no vote recorded.