HJ18 Passes House Business and Labor Committee Unanimously

Posted On March 28, 2013

At 8 AM on Thursday, March 28, our resolution to study alcohol licensing laws in Montana passed the House Business and Labor Committee. After the addition of some clarifying amendments, made by sponsor Christy Clark (R-Choteau), the measure easily made it through on a 19-0 vote. Now HJ18 will move on to the House floor, and is very likely to heard sometime during the first week of April.

This a very big step for Montana, as it sets the stage to review alcohol licensing laws that have been under great scrutiny and pressure by virtue of the current successes in Montana’s craft brewing industry. This review process will provide adequate time and the proper framework for industry members including retailers, manufacturers (brewers, distillers, and wineries), and distributors to develop long term solutions with the aid of a legislative panel.

Also, the committee postponed executive action on the  MTA’s 60/40 bill, HB616, sponsored by Roger Hagan. Rep. Hagan said that questions had arisen regarding some of the legal underpinnings of the bill. He handed out a legal opinion from the MTA’s attorney, stating that the bill didn’t have any conflict with federal regulations. Rep. Hagan also requested that executive action on the bill be delayed until Wednesday, April 3 and was granted this delay. However, after the hearing a contradictory opinion was released from the Department of Revenue.

The Department of Revenue stated that HB616 in its current form “raises a significant risk of a dormant commerce clause-based lawsuit in Federal Court.” So the bill that created the impetus for HJ18 now has a fairly significant legal issue. A striking example of the unintended consequences that accompany 11th hour ideas that have not had time to be fully researched.

The Montana Brewers Association thanks each of you for all the support you have provided during this legislative process thus far, and your passionate support of  HJ18.  Alas we aren’t done yet, and the MBA continues to need your help. Please take a moment to send a thank you note to the committee members (emails below) for their sensible vote and their continued support of our great industry! Please ask them to resist HB616 and to work with all members of Montana’s craft brewing industry in the study resolution process.

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