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2006 Legislative Update
The Maryland State Senate passed unanimously (47-0) an emergency
bill (SB812)
to maintain Maryland wineries’ ability to deliver to retail
stores and restaurants. This bill, opposed by large, liquor wholesalers,
allows small wineries – both in state and out-of-state –
to receive a wholesaler’s license to deliver their product
to market.
The bill will now be sent to the Maryland House of Delegates for
deliberation and vote.
The House is currently considering its own version of this bill
(HB
1122), introduced by Delegate
Virginia Clagett (D-Anne Arundel), which is in the possession
of the House Economic Matters Committee.
Both bills are in response to an order of Comptroller Schaefer suspending
the ability Maryland wineries have had since 1951 to deliver directly
to retailers and restaurants. The Comptroller’s order was
in response to a Supreme Court decision in the Spring of 2005, and
a recent lawsuit by a Pennsylvania winery which challenges Maryland
law under the Commerce Clause of the United States Constitution.
“Maryland wineries are an important growing part of agriculture
and the preservation of agricultural land,” said chief sponsor
Senator
Thomas “Mac” Middletown (D-Charles Co.). “Everyone
in Annapolis realizes we cannot leave this session without addressing
this critical issue.”
“This bill is narrowly tailored to work within the existing
regulatory system and to ensure full payment of all taxes,”
said Senate floor leader Andrew
Harris (R-Baltimore Co.).
Senate Bill 812 is an emergency measure, and, if passed by the House
of Delegates, will become effective upon signature of the Governor.
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