Legal Opinion

Attorney General Opinion No.

Kansas Attorney General Reports

Decided April 29, 2004Published

1Opinion of the Court

The Honorable Joe McLeland State Representative, 94th District State Capitol, Room 182-W Topeka, Kansas 66612

Dear Representative McLeland:

You request our opinion regarding pending legislation that would allow Kansas residents to purchase wine directly from out-of — state wineries. You question whether these legislative proposals would violate the Commerce Clause of the United States Constitution.1

You reference three bills that have been considered by the Legislature dealing with this issue: 2004 Senate Bill No. 305, New Section 16, as proposed by the Select Committee on Judiciary; 2004 House…

2Cases cited12 opinions

  1. Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore.Supreme Court of the United States · 1994
  2. New Energy Co. of Indiana v. LimbachSupreme Court of the United States · 1988
  3. Healy v. Beer InstituteSupreme Court of the United States · 1989
  4. Wyoming v. OklahomaSupreme Court of the United States · 1992
  5. Russell Bridenbaugh v. Karen Freeman-Wilson, Attorney General of IndianaCourt of Appeals for the Seventh Circuit · 2000

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