WPMA is working with several other entities supporting SF-0125, a bill that would prevent local governments from prohibiting legal products and containers from being sold to or utilized by consumers. Here is a copy: SF-0125 . The convenience store industry has been beset by local governments in many states prohibiting the sale of certain tobacco products while also prohibiting the use of plastic bags, styrofoam containers and limiting the size of drinking cups. WPMA believes that these prohibitions should be considered a "statewide concern" and be left to the state legislature to determine. When a local government exacts these prohibitions, they create an imbalance in retail markets by sending consumers to bordering communities to obtain these legal products or increase costs to consumers on packaging mandates. Importantly, these prohibitions reduce tax revenue to the state as well as to the very local government exacting the prohibition....at a time when local governments are urging the state legislature to increase general fund appropriations to them.
Many legislators will tout "local control" during this discussion. While that comment is a great sound bite during campaigns and in local forums, the reality is that the state legislature empowers local governments statutorily. CIties and counties are only able to operate as statutorily permitted. Local control should not impede free markets or limit legal products from being offered to tax paying consumers. The state legislature should remain the body to regulate products statewide and prevent the potential regulatory patchwork environment local prohibitions portend. While local control works well for school boards and special districts and cities and counties, one must realize that all local control has statority limitations.
Sen. Ed Cooper (R) Worland and Sen. R.J. Kost (R) Powell will carry SF-0126, "Consumer merchandise-sale, marketing and use protection", in the Senate. Rep. John Winter (R) Thermopolis has agreed to carry it in the House.
