Introduced Version
House Concurrent Resolution 83 History
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HOUSE CONCURRENT RESOLUTION NO. 83
(By Delegates Stemple, Talbott, Tabb, Argento, Barker, Caputo,
Crosier, Eldridge, Ellis, Fragale, Martin, Moore, Moye, Paxton,
Rodighiero, Shaver, Varner, Wells, Evans, Hamilton, Romine,
Anderson, Ireland and Canterbury)
Requesting that the Joint Committee on Government and Finance
conduct a study of the impact of the United States Supreme
Court's decision in
Granholm v. Heald and Costco v. Hoen on
West Virginia's regulatory system with particular emphasis on
the effect the decision will have on the operation farm
wineries in this state
.
Whereas
, West Virginia's first winery opened in the Kanawha
Valley at Dunbar in 1856; and
W
HEREAS
, The West Virginia Farm Wineries Act, adopted by the
Legislature in 1981, allowed for the production and sale of farm-
grown wines; and
W
HEREAS
, West Virginia's highland valleys grow some of the
world's most luscious wine grapes, nourished by pure mountain water
and rich fertile soil; and
W
HEREAS
, West Virginia farm wineries serve as points of
interest for residents and tourists, with many West Virginia
wineries hosting tours of vineyards and wine tasting events; and
W
HEREAS
, Wine-making has become an art that is celebrated throughout the state and is an integral part of fairs and
festivals; and
W
HEREAS
, There are seventeen farm wineries located throughout
the State of West Virginia; and
W
HEREAS
, Two recent decisions of the United States Supreme
Court struck down wine laws affecting licensing, direct shipping,
distribution and other regulated areas holding that the laws
discriminate against interstate commerce in violation of the
Commerce Clause, and that the discrimination is neither authorized
nor permitted by the 21st Amendment of the United States
Constitution; and
W
HEREAS
, It is unclear what the impact of the decisions of the
United States Supreme Court will have on West Virginia's farm
wineries; and
W
HEREAS
,
The West Virginia Legislature and the Alcoholic
Beverage Control Commission are aware of the cases, but need time
to study the ramifications the decisions may have on West Virginia's
farm wineries and the current state regulatory structure; and
W
HEREAS
, It is essential that any changes in the law, rules and
the operation of farm wineries resulting from the Supreme Court's
decisions are made in a deliberative and rational manner to ensure
that any negative impact on the farm wineries is minimal; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to conduct a study of the impact of the United States
Supreme Court's decision in Granholm v. Heald and Costco v. Hoen on
West Virginia's regulatory system with particular emphasis on the
effect the decision will have on the operation farm wineries in this
state
; and, be it
Further Resolved,
That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2008, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and,
be it
Further Resolved,
That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.