HCR 83 Text

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 21^st 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.

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