SF0125 • 2021

Consumer merchandise-sale, marketing and use protection.

AN ACT relating to counties, cities and towns; prohibiting counties, cities and towns from enacting and enforcing ordinances and regulations relating to the sale, use or marketing of consumer merchandise; providing definitions; specifying applicability; and providing for an effective date.

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor: Senator Cooper
Last action: 2021-03-17
Official status: inactive
Effective date: 3/1/2021

Plain English Breakdown

The official source does not provide information on enforcement mechanisms or penalties for non-compliance.

Consumer Product Sales Protection Act

The bill stops cities and towns from making their own rules about selling, using, or marketing consumer goods if those rules are different from state laws.

What This Bill Does

Prevents local governments (cities and towns) from creating new rules that differ from state laws for the sale, use, or marketing of products meant for personal, family, or household use.
Defines 'consumer merchandise' as items sold or leased primarily for personal, family, or household purposes, including containers used with these items.
Specifies that local governments cannot enforce any existing or future ordinances that conflict with this act after July 1, 2021.

Who It Names or Affects

Local government entities (counties, cities, and towns) in Wyoming
Businesses selling consumer goods

Terms To Know

Consumer merchandise: Items sold or leased primarily for personal, family, or household use.
Container: A bag, cup, bottle, or any other type of packaging used with consumer goods.

Limits and Unknowns

The bill does not specify what happens to existing local rules that are in conflict before July 1, 2021.
It is unclear how this act will be enforced and what penalties might apply for non-compliance.

Bill History

2021-03-17 Senate
S COW:Failed 11-15-2-0-2
2021-03-04 Senate
S Placed on General File
2021-03-04 Senate
S07 - Corporations:Recommend Do Pass 3-2-0-0-0
2021-03-02 Senate
S Introduced and Referred to S07 - Corporations
2021-03-01 Senate
S Received for Introduction
2021-03-01 LSO
Bill Number Assigned

Current Bill Text

Read the full stored bill text

21LSO-0523
2021
STATE OF WYOMING
21LSO-0523
Numbered
2.0

SENATE FILE NO. SF0125

Consumer merchandise-sale, marketing and use protection.

Sponsored by: Senator(s) Cooper and Kost and Representative(s) Winter

A BILL

for

AN ACT relating to counties, cities and towns; prohibiting counties, cities and towns from enacting and enforcing ordinances and regulations relating to the sale, use or marketing of consumer merchandise; providing definitions; specifying applicability; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 15
‑
1
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103 by creating a new subsection (e) and 18
‑
2
‑
101 by creating a new subsection (b) are amended to read:

15
‑
1
‑
103.

General powers of governing bodies.

(e)

No governing body of a city or town shall
enact or enforce any ordinance or regulation that sets standards or requirements regarding the sale, use or marketing of consumer merchandise that are different from or in addition to any state law. For purposes of this subsection:

(i)

"Consumer merchandise" means merchandise offered for sale or lease, or provided with a sale or lease, primarily but not exclusively for personal, family or household purposes, including any container used for consuming, protecting or transporting such merchandise, food or beverages from or at a food service or retail facility;

(ii)

"Container" means a bag, cup, bottle or any other type of packaging or container, whether reusable or single use, that is made of cloth, paper, plastic, including foamed or expanded plastic, cardboard, corrugated material, aluminum, glass or postconsumer recycled or similar material.

18
‑
2
‑
101.

General powers.

(b)

No county shall enact or enforce any ordinance or regulation that sets standards or requirements regarding the sale, use or marketing of consumer merchandise that are different from or in addition to any state law. For purposes of this subsection:

(i)

"Consumer merchandise" means as defined in W.S. 15
‑
1
‑
103(e)(i);

(ii)

"Container" means as defined in W.S. 15
‑
1
‑
103(e)(ii).

Section 2
.

Any ordinance or regulation in effect on July 1, 2021 or adopted thereafter by a county, city or town that is in violation of this act is void and unenforceable.

Section 3
.

This act is effective July 1, 2021
.

(END)

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SF0125