SESSION OF 2019
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2133
As Amended by Senate Committee on Federal
and State Affairs
Brief*
HB 2133, as amended, creates law related to delivery of
alcoholic liquors within the state and required reporting of
such deliveries.
The bill would require every express company or other
common carrier (carrier) that delivers alcoholic liquors from
outside the state to consumers within the state to prepare a
monthly report of known alcoholic liquors shipped by the
carrier to be filed with the Director of Alcoholic Beverage
Control (Director).
Such report would be required to contain the following
information:
● The name of the express company or other
common carrier that delivered the liquors;
● The period of time covered by the report;
● The name and business address of the consignor
of the liquors;
● The weight of the package delivered to each
consignee;
● A unique tracking number; and
● The date of delivery.

____________________
*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.kslegislature.org
 Upon request by the Director, any additional records
supporting the report would be required to be made available
to the Director by any carrier. The bill would require such
records be kept and preserved for a period of two years
unless destruction of the records is authorized in writing by
the Director.
The bill would impose a penalty of not more than $500
upon any carrier that willingly fails, neglects, or refuses to file
any report required by the bill.
The bill would further provide each report would be an
open record available for public inspection in accordance with
the Kansas Open Records Act. The bill would prohibit the
inclusion of the name and business address of the consignor
of such alcoholic liquors in reports made available to the
public. Under the bill, the provisions concerning the exclusion
of certain information in reports made available to the public
would expire on July 1, 2024, unless the Legislature reenacts
such provisions.
Background
The bill was introduced by the House Committee on
Taxation at the request of the Kansas Wine & Spirits
Wholesalers Association.
In the House Committee on Federal and State Affairs
hearing, proponent testimony was presented by the Director
and a representative of the Kansas Wine & Spirits
Wholesalers Association (KWSWA). Written-only proponent
testimony was provided by the Kansas Association of
Beverage Retailers (KABR) and the Kansas Beer
Wholesalers Association (KBWA). The proponents testified
the intent of the bill was to enforce liquor gallonage taxes in
the state and to provide information regarding the amount of
alcoholic liquor shipped into the state directly to consumers.
No other testimony was provided.

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 The House Committee amended the bill to specify
required reports would concern known alcoholic liquors
shipped by the carrier and penalties would be assessed
against carriers who willfully failed, neglected, or refused to
file a report. The House Committee also amended the bill to
remove references to railroad carriers.
In the Senate Committee on Federal and State Affairs
hearing, a representative of KABR, a representative of
KWSWA, and the Director provided proponent testimony. The
proponents testified the bill would help identify bad actors and
bring them into compliance, which could increase the amount
of taxes the State could collect on the shipments of alcoholic
liquors.
Written-only proponent testimony was provided by a
representative of the KBWA.
No other testimony was provided.
The Senate Committee amended the bill by prohibiting
the inclusion of the name and business address of the
consignor of such alcoholic liquors in reports made available
to the public and establishing such prohibition would expire
on July 1, 2024, unless the Legislature reenacts such
provisions.
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Division of Alcoholic
Beverage Control(ABC), Kansas Department of Revenue,
indicates enactment of the bill would result in additional
expenditures of $24,000 of State General Fund moneys in FY
2020 for information technology services to build a public-
facing data entry portal where shipping carriers could report
required data.
In addition, ABC indicates enactment of the bill could
result in increased collection of gallonage taxes, but ABC is
unable to estimate the amount of such increase. Any fiscal
effect associated with enactment of the bill is not reflected in
The FY 2020 Governor’s Budget Report.

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