APRIL 2015 LEGISLATIVE UPDATES
South Dakota: Number 43!
South Dakota will be the 43rd legal winery-to-consumer shipping state starting in January 2016. The win is the result of several years of cooperative work by South Dakotans for Better Wine Laws, Free the Grapes! and industry representatives.
As background, after a good bill died in committee in March 2014, an Alcohol Study Committee of state legislators held a series of hearings last summer on alcohol distribution, including the ban on winery direct shipping. The Committee received consumer feedback and testimony, ultimately voting unanimously last October to support winery direct shipping. Then in February 2015, House Bill 1001, which was sponsored by Committee chairman Representative Roger Solum, was introduced and signed into law by the Governor on February 19. The statute goes into effect January 1, 2016.
Pennsylvania: Bills Still Alive
Several wine direct shipping bills are still in play. Industry representatives are working with state legislators to pass a wine shipping law that expands choice for wine lovers while avoiding onerous taxes.
Indiana: Partial Fix-it Bill on the Move
The Indiana Senate passed an amended version of Senate Bill 113 in January. Two weeks ago, the House Public Policy Committee further amended SB 113, and it was then passed by the House. The bill now has been returned to the Senate for concurrence on the amendments.
The amended bill removes some serious impediments. In its present form, SB 113 would remove the provision that wine lovers must first visit a winery before any wine can be shipped. The amendment also removes the “affidavit” requirement requiring a winery to first obtain a signed statement affirming that the consumer is 21 or older at the point of sale. Under the new rules, a winery will be able to use an approved Age Verification Service for on-line sales as they do in other states. Unfortunately, the bill does not remove Indiana’s exclusion prohibiting a winery from direct shipping if they have a relationship with a state wholesaler; hopefully that archaic requirement will get eliminated in the future.
ACTION: Indiana wine lovers, please continue to use our website to send letters to your state legislators!
Summary of Fix-it Bills and Other Legislation
- Michigan: House Bill 4125 would add in/out of state retailers to the current wine shipping statutes.
- North Dakota: Senate Bill 2324, which has been passed and signed by the Governor, will change common carrier penalties from criminal to civil. We hope this make it possible for FedEx to begin shipping to ND.
- Arkansas: Senate Bill 230, which was passed and signed by the Governor, will require DTC shippers to collect local taxes in addition to the state sales tax. Unfortunately, House Bill 1739 which would have removed an on-site sale requirement in the current law failed to pass.
As always, we appreciate your interest in helping us all improve consumer choice in wine! You can stay up to date on developments by following us on Facebook as well as receiving this periodic email.
Free the Grapes!
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