II

106TH CONGRESS

1ST SESSION S. 577

To provide for injunctive relief in Federal district court to enforce State

laws relating to the interstate transportation of intoxicating liquor.

IN THE SENATE OF THE UNITED STATES

MARCH 10, 1999

Mr. HATCH (for himself and Mr. DEWINE) introduced the following bill; which

was read twice and referred to the Committee on the Judiciary

A BILL

To provide for injunctive relief in Federal district court to

enforce State laws relating to the interstate transportation of intoxicating liquor.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Twenty-First Amend5 ment Enforcement Act’’.

6 SEC. 2. SHIPMENT OF INTOXICATING LIQUOR INTO STATE

7 IN VIOLATION OF STATE LAW.

8 The Act entitled ‘‘An Act divesting intoxicating liq9 uors of their interstate character in certain cases’’, ap10 proved March 1, 1913 (commonly known as the ‘‘Webb-
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1 Kenyon Act’’) (27 U.S.C. 122) is amended by adding at

2 the end the following:

3 ‘‘SEC. 2. INJUNCTIVE RELIEF IN FEDERAL DISTRICT

4 COURT.

5 ‘‘(a) DEFINITIONS.—In this section—

6 ‘‘(1) the term ‘attorney general’ means the at7 torney general or other chief law enforcement officer

8 of a State, or the designee thereof;

9 ‘‘(2) the term ‘intoxicating liquor’ means any

10 spirituous, vinous, malted, fermented, or other in11 toxicating liquor of any kind;

12 ‘‘(2) the term ‘person’ means any individual

13 and any partnership, corporation, company, firm, so14 ciety, association, joint stock company, trust, or

15 other entity capable of holding a legal or beneficial

16 interest in property, but does not include a State or

17 agency thereof; and

18 ‘‘(3) the term ‘State’ means any State of the

19 United States, the District of Columbia, the Com20 monwealth of Puerto Rico, or any territory or pos21 session of the United States.

22 ‘‘(b) ACTION BY STATE ATTORNEY GENERAL.—If

23 the attorney general of a State has reasonable cause to

24 believe that a person is engaged in, is about to engage

25 in, or has engaged in, any act that would constitute a vio-
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1 lation of a State law regulating the importation or trans2 portation of any intoxicating liquor, the attorney general

3 may bring a civil action in accordance with this section

4 for injunctive relief (including a preliminary or permanent

5 injunction or other order) against the person, as the attor6 ney general determines to be necessary to—

7 ‘‘(1) restrain the person from engaging, or con8 tinuing to engage, in the violation; and

9 ‘‘(2) enforce compliance with the State law.

10 ‘‘(c) FEDERAL JURISDICTION.—

11 ‘‘(1) IN GENERAL.—The district courts of the

12 United States shall have jurisdiction over any action

13 brought under this section.

14 ‘‘(2) VENUE.—An action under this section

15 may be brought only in accordance with section

16 1391 of title 28, United States Code.

17 ‘‘(d) REQUIREMENTS FOR INJUNCTIONS AND OR18 DERS.—

19 ‘‘(1) IN GENERAL.—In any action brought

20 under this section, upon a proper showing by the at21 torney general of the State, the court shall issue a

22 preliminary or permanent injunction or other order

23 without requiring the posting of a bond.
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1 ‘‘(2) NOTICE.—No preliminary or permanent

2 injunction or other order may be issued under para3 graph (1) without notice to the adverse party.

4 ‘‘(3) FORM AND SCOPE OF ORDER.—Any pre5 liminary or permanent injunction or other order en6 tered in an action brought under this section shall—

7 ‘‘(A) set forth the reasons for the issuance

8 of the order;

9 ‘‘(B) be specific in terms;

10 ‘‘(C) describe in reasonable detail, and not

11 by reference to the complaint or other docu12 ment, the act or acts to be restrained; and

13 ‘‘(D) be binding only upon—

14 ‘‘(i) the parties to the action and the

15 officers, agents, employees, and attorneys

16 of those parties; and

17 ‘‘(ii) persons in active cooperation or

18 participation with the parties to the action

19 who receive actual notice of the order by

20 personal service or otherwise.

21 ‘‘(e) CONSOLIDATION OF HEARING WITH TRIAL ON

22 MERITS.—

23 ‘‘(1) IN GENERAL.—Before or after the com24 mencement of a hearing on an application for a pre25 liminary or permanent injunction or other order
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1 under this section, the court may order the trial of

2 the action on the merits to be advanced and consoli3 dated with the hearing on the application.

4 ‘‘(2) ADMISSIBILITY OF EVIDENCE.—If the

5 court does not order the consolidation of a trial on

6 the merits with a hearing on an application de7 scribed in paragraph (1), any evidence received upon

8 an application for a preliminary or permanent in9 junction or other order that would be admissible at

10 the trial on the merits shall become part of the

11 record of the trial and shall not be required to be

12 received again at the trial.

13 ‘‘(f) NO RIGHT TO TRIAL BY JURY.—An action

14 brought under this section shall be tried before the court.

15 ‘‘(g) ADDITIONAL REMEDIES.—

16 ‘‘(1) IN GENERAL.—A remedy under this sec17 tion is in addition to any other remedies provided by

18 law.

19 ‘‘(2) STATE COURT PROCEEDINGS.—Nothing in

20 this section may be construed to prohibit an author21 ized State official from proceeding in State court on

22 the basis of an alleged violation of any State law.’’.

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