Direct Shipping Proponents Once Again Seek to Misstate Support of National Conference of State Legislatures For Model Alcohol Shipping Bill. NCSL Issues Another Clarifying Statement.

The National Conference of State Legislatures (NCSL) is an organization based in Colorado representing the interests of state legislators and staff.  It provides research to state legislatures and represents their interests in various government bodies.

Included in its mission is an emphasis “specially in support of state sovereignty and state flexibility and protection from unfunded federal mandates and unwarranted federal preemption.”

The NCSL does not pass model legislation.  They do pass resolutions and policy statements and the most recent policy position related to the sales of alcohol are under its Internet and Electronic Commerce Committee. It notes support for state rights to regulate alcohol under the 21^st Amendment:

Nothing in this policy statement is to be construed as limiting or affecting the right of any state to regulate alcohol according to its local norms and standards pursuant to the 21st Amendment.

So, it has been very puzzling for me and others to see folks sully the good name of NCSL and suggest they worked at cross purposes to their mission or did things outside their normal deliberative process.  One group lobbyng for changes has recently stated “The “Model Direct Shipping Bill” was adopted by National Conference of State Legislatures in 1997.”  That is false.

The NCSL has recently issued another reminder that this is not true.

On March 11, 2024, the CEO of the National Conference of State Legislatures issued the following statement:

“The National Conference of State Legislatures supports the rights of states to set their own policy on alcohol. NCSL does not have an official position supporting or opposing any model legislation regulating alcohol sales and has never adopted model legislation related to alcohol sales. NCSL recognizes the right of any state or territory to regulate alcohol according to local norms and standards pursuant to the 21st Amendment.”

So if someone is saying that the “NCSL has endorsed this model bill” or “supports” changes to alcohol laws on direct shipping, they are not telling the truth. This is not the first time partisans have tried this tactic and even confused the Supreme Court on this issue. This blog covered this same issue and same concern as well as previous NCSL clarifications way back in 2011.  The more things change, the more they stay the same…