Sebelius, Kline seek clarity in liquor law

? Gov. Kathleen Sebelius and Atty. Gen. Phill Kline said Wednesday they hoped legislators would pass a bill clarifying the state’s liquor laws when they gathered May 29 for a brief ceremony.

The Legislature adjourned May 8 without approving a bill that, among other things, would allow retail sales of alcohol on Sunday — a provision both Sebelius and Kline would favor.

But the bill’s most critical sections, Sebelius said, were those that made clear that the Kansas Liquor Control Act’s provisions applied uniformly in all Kansas cities and counties. If they did not, then cities or counties could argue they are free to adopt their own liquor laws.

A Wyandotte County judge cited the act’s lack of uniformity in ruling earlier this year that Wyandotte County could exempt itself from the state’s traditional ban on Sunday liquor sales.

“I think the most serious issue left pending was the clarification of what our law is involving liquor sales,” Sebelius said at a news conference.

Kline said later Wednesday that he “would appreciate if the Legislature would act on Sunday sales.”

“We’re in a very difficult legal position,” he said.

Legislators could vote on the bill when they convene May 29 for what is traditionally a brief adjournment ceremony. Legislative business has been conducted on the day of the ceremony five times in the past 30 years.

Sebelius said her staff was looking into legislators’ willingness to consider the bill. “Whether or not we could put the votes together to pass something, I think, is the issue,” she said.

But House Speaker Doug Mays questioned whether enough support exists to pass a bill, especially in the Senate.

“It’s an important issue, but I’m reluctant to try to take it up,” said Mays, R-Topeka. “I’d have to have some clear indication that the Legislature’s willing to pass something. I sure didn’t see it at the end of the session.”

Sebelius favors a version of the bill passed by the House that allows Sunday sales of packaged liquor wherever local voters approve. The Senate rejected that version, and no compromise was reached before lawmakers ended their work on May 8.

Kline voted for Sunday liquor sales when he served in the Kansas House. He is from Johnson County, where some residents say the state loses business because Kansans buy liquor on Sundays in neighboring Missouri.

Besides addressing Sunday sales, the Liquor Control Act also sets the state’s drinking age at 21, imposes liquor taxes and provides for issuing of liquor licenses.

Kline said Wednesday he was concerned that unless the act is revised to apply clearly to all cities and counties, local governments could exempt themselves from its various provisions. It would be his duty as attorney general to file lawsuits to enforce the state law.

Sebelius shared that concern.

“We have now a situation where, frankly, we could have the potential of local units of government opting out of paying their taxes or setting up differing hours of business,” the governor said.