- A Senate bill to allow direct shipment of wine to residents failed to reach the required three-fifths threshold on Thursday. It was held on a motion to reconsider.
Wine lovers may have to wait another year to sip out-of-state wines. Thursday, after an hour of debate, the Senate rejected a bill to allow the direct shipment of wines to Mississippi residents.
After four amendments, a committee substitute to protect local interest, and passing the Finance Committee by a single vote, SB 2145 was unable to reach the three-fifths threshold for passage. The vote was 25 senators in favor to 21 opposed.
During the floor debate, several senators expressed concern about how many cases a single address could receive within a year. The version that passed the Finance Committee allowed 24 cases annually. After tinkering with the language, the bill on the floor slashed the number of cases per address to 12 per year.
Proponents of the bill stressed the revenue the state would collect. The tax collected on each sale and shipment would be 15.5 percent, with 3 percent going toward mental health services. A fiscal note was not prepared for this bill.
The measure requires a direct wine shipper permit to be purchased from the Department of Revenue.
Also, the bill requires someone 21 years or older to show identification when signing the order.
Senator Walter Michel (R), the bill’s author, said Mississippians in the western part of the state are already traveling to Louisiana, where having out-of-state wine is legal. He said Mississippi is missing out on millions in tax revenue.
Mississippi is one of only three states that prohibits the direct shipment of wines to its residents.
Senator Chad McMahan (R) offered an amendment to set penalties if out-of-state wineries violate the law by sending wines and other spirits to Mississippians. The first offense would have been a civil penalty and a fine not to exceed $500 fine, with the second violation of $3,000 and civil penalty. For a third violation, revocation of the merchant’s ability to operate in Mississippi and a civil penalty not to exceed $6,000. The amendment failed.
When the bill was introduced in the Finance Committee, supporters said it would apply to boutiques and wines not found in Mississippi, such as clear or unfinished wines. This prompted senators to ask if the bill is for the wealthy, as most wines are available in Mississippi wine shops and liquor stores. Senator Jeremy England (R), who presented the committee substitute, admitted that higher-priced wines would be the main items shipped.
As of Thursday afternoon, a motion to reconsider had been entered.
Similar bills have passed in the Legislature in years past but have stalled before being approved by both chambers and signed into law.
Thursday was the deadline for considering non-revenue bills.
How They Voted
Senators, by last name, who voted in favor of the legislation were:
- Barrett
- Berry
- Blackmon
- Blount
- Brumfield
- Carter
- DeBar
- DeLano
- England
- Harkins
- Hickman
- Hill
- Hopson
- Jackson
- Jordan
- Kirby
- McLendon
- Michel
- Rhodes
- Robinson
- Sparks
- Suber
- Thompson
- Wiggins
- Williams
Senators, by last name, who voted against the measure include:
- Blackwell
- Boyd
- Bryan
- Chism
- Fillingane
- Frazier
- Johnson
- Ladner
- McCaughn
- McMahan
- Norwood
- Parker
- Polk
- Seymour
- Simmons (12th)
- Simmons (13th)
- Tate
- Thomas
- Turner-Ford
- Whaley
- Younger
Senators, by last name, not voting or voting present were:
- Barnett (present)
- Butler (present)
- Chassaniol
- Horhn
- Parks
UPDATE:
The motion to reconsider was taken up on Friday in the Mississippi Senate. The chamber reached the three-fifths threshold needed to advance the wine direct shipping legislation, receiving a 24 to 14 vote.
