HB 160 would repeal Montana’s existing statewide uniformity law for auxiliary containers and remove the specific prohibition on local governments regulating auxiliary containers. In practical terms, the bill deletes the statutory language that currently prevents cities and counties from regulating the use, sale, distribution, fees, charges, or taxes on items such as bags, cups, and other auxiliary containers, and it also amends local government initiative and referendum limits to exclude auxiliary-container regulation from voter-initiated local measures.
The bill also makes a conforming change to the list of powers that self-governing local governments are barred from exercising, striking the auxiliary-container restriction from that list and repealing 7-1-121, MCA in full. If enacted, local governments would have greater authority to adopt their own rules on auxiliary containers, subject to any other applicable state or federal law, and local electors would be unable to use initiative powers to enact such regulations directly.
The overall sentiment reflected in the voting history appears mixed to negative for the bill’s prospects. The House Local Government Committee rejected a do-pass-as-amended motion by a 7-10 vote, and the bill ultimately died in process. The repeated 17-0 table votes suggest the committee was willing to set the bill aside rather than advance it, indicating limited support for moving the measure forward.
The main point of contention is the balance between local control and statewide preemption. Supporters of the bill appear to favor allowing municipalities to regulate auxiliary containers according to local preferences, while opponents likely preferred keeping a uniform statewide rule that prevents a patchwork of local bag or container ordinances. The bill also touches on broader local-government authority issues by narrowing a separate initiative-and-referendum limitation, but the auxiliary-container issue is the central focus.
Impact
HB 160 would amend sections 7-1-111 and 7-5-131, MCA, and repeal 7-1-121, MCA. Its legal effect would be to remove state preemption over local regulation of auxiliary containers and to allow local governments to regulate, tax, charge fees on, or otherwise control auxiliary containers unless another law limits that authority. It would also prevent local initiatives from being used to enact auxiliary-container regulations, while expanding local policymaking authority in this area.
Sentiment
The bill appears to have had limited support in committee and did not advance. The 7-10 defeat on the do-pass motion, combined with the bill’s final status as died in process, suggests skepticism or opposition among committee members. The table votes indicate procedural handling rather than substantive endorsement, and the overall trajectory points to a lack of momentum for repeal of the statewide uniformity law.
Contention
The central controversy is whether local governments should be free to regulate auxiliary containers or whether the state should maintain a uniform rule. Supporters likely view the bill as restoring local flexibility and home-rule authority, while opponents likely view it as opening the door to inconsistent local regulations affecting businesses and consumers across Montana. A secondary issue is the bill’s restriction on local initiative power, which could be seen as limiting direct democracy at the local level even as it expands local legislative authority.