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Union Calendar No. 158

106TH CONGRESS

1ST SESSION H. R. 2031

[Report No. 106–265]

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

laws relating to the interstate transportation of intoxicating liquor.

IN THE HOUSE OF REPRESENTATIVES

JUNE 7, 1999

Mr. SCARBOROUGH (for himself, Mr. SENSENBRENNER, Mr. DELAHUNT, and

Mr. CANNON) introduced the following bill; which was referred to the

Committee on the Judiciary

JULY 27, 1999

Additional sponsors: Mr. BARR of Georgia, Mr. GILMAN, Mr. BLAGOJEVICH,

Mr. GREEN of Texas, Mr. BARRETT of Wisconsin, Ms. KILPATRICK, Mr.

BACHUS, Mr. SHOWS, Mr. KLECZKA, Mr. DUNCAN, Mr. GOODE, Mr.

LUCAS of Kentucky, Mr. PICKETT, Mr. STUMP, Mr. RAHALL, Mr.

DICKEY, Mr. EHRLICH, Mr. ETHERIDGE, Mr. MCINTYRE, Mr. SANDLIN,

Mr. MEEHAN, Mr. BARCIA, Mr. TURNER, Mr. GILLMOR, Mr. GARY MILLER of California, Mr. SKELTON, Mr. BAKER, Mr. KILDEE, Mr. GUTKNECHT, Mr. HILLIARD, Mr. BALDACCI, Mr. LUCAS of Oklahoma, Mr.

BOYD, Mr. GRAHAM, Mr. HOEKSTRA, Mr. LIPINSKI, Mr. BONIOR, Mr.

PETERSON of Pennsylvania, Mr. KENNEDY of Rhode Island, Mr.

NUSSLE, and Mr. CAPUANO

JULY 27, 1999

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed
2

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[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on June 7, 1999]

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 liquors

9 of their interstate character in certain cases’’, approved

10 March 1, 1913 (commonly known as the ‘‘Webb-Kenyon

11 Act’’) (27 U.S.C. 122) is amended by adding at the end

12 the following:

13 ‘‘SEC. 2. INJUNCTIVE RELIEF IN FEDERAL DISTRICT COURT.

14 ‘‘(a) DEFINITIONS.—In this section—

15 ‘‘(1) the term ‘attorney general’ means the attor16 ney general or other chief law enforcement officer of

17 a State, or the designee thereof;
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1 ‘‘(2) the term ‘intoxicating liquor’ means any

2 spirituous, vinous, malted, fermented, or other intoxi3 cating liquor of any kind;

4 ‘‘(3) the term ‘person’ means any individual and

5 any partnership, corporation, company, firm, society,

6 association, joint stock company, trust, or other entity

7 capable of holding a legal or beneficial interest in

8 property, but does not include a State or agency

9 thereof; and

10 ‘‘(4) the term ‘State’ means any State of the

11 United States, the District of Columbia, the Common12 wealth of Puerto Rico, or any territory or possession

13 of the United States.

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

15 attorney general has reasonable cause to believe that a per16 son is engaged in, or has engaged in, any act that would

17 constitute a violation of a State law regulating the importa18 tion or transportation of any intoxicating liquor, the attor19 ney general may bring a civil action in accordance with

20 this section for injunctive relief (including a preliminary

21 or permanent injunction or other order) against the person,

22 as the attorney general determines to be necessary to—

23 ‘‘(1) restrain the person from engaging, or con24 tinuing to engage, in the violation; and

25 ‘‘(2) enforce compliance with the State law.
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1 ‘‘(c) FEDERAL JURISDICTION.—

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

3 United States shall have jurisdiction over any action

4 brought under this section by an attorney general

5 against any person, except one licensed or otherwise

6 authorized to produce, sell, or store intoxicating liq7 uor in such State.

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

9 be brought only in accordance with section 1391 of

10 title 28, United States Code, or in the district in

11 which the recipient of the intoxicating liquor resides

12 or is found.

13 ‘‘(d) REQUIREMENTS FOR INJUNCTIONS AND OR14 DERS.—

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

16 this section, upon a proper showing by the attorney

17 general of the State, the court may issue a prelimi18 nary or permanent injunction or other order to re19 strain a violation of this section. A proper showing

20 under this paragraph shall require clear and con21 vincing evidence that a violation of State law as de22 scribed in subsection (b) has taken place. In addition,

23 no temporary restraining order or preliminary in24 junction may be granted except upon—
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1 ‘‘(A) evidence demonstrating the probability

2 of irreparable injury if injunctive relief is not

3 granted; and

4 ‘‘(B) evidence supporting the probability of

5 success on the merits.

6 ‘‘(2) NOTICE.—No preliminary injunction or

7 permanent injunction or other order may be issued

8 under paragraph (1) without notice to the adverse

9 party and an opportunity for a hearing.

10 ‘‘(3) FORM AND SCOPE OF ORDER.—Any pre11 liminary or permanent injunction or other order en12 tered in an action brought under this section shall—

13 ‘‘(A) set forth the reasons for the issuance of

14 the order;

15 ‘‘(B) be specific in its terms;

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

17 by reference to the complaint or other document,

18 the act or acts sought to be restrained;

19 ‘‘(D) be binding upon—

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

21 officers, agents, employees, and attorneys of

22 those parties; and

23 ‘‘(ii) persons in active concert or par24 ticipation with the parties to the action who
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1 receive actual notice of the order by per2 sonal service or otherwise.

3 ‘‘(e) ADDITIONAL REMEDIES.—

4 ‘‘(1) IN GENERAL.—A remedy under this section

5 is in addition to any other remedies provided by law.

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

7 this section may be construed to prohibit an author8 ized State official from proceeding in State court on

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

10 SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENT.

11 (a) EFFECTIVE DATE.—Except as provided in sub12 section (b), this Act and the amendment made by this Act

13 shall take effect on the date of the enactment of this Act.

14 (b) APPLICATION OF AMENDMENT.—The amendment

15 made by this Act shall apply only with respect to the impor16 tation or transportation of any intoxicating liquor occur17 ring after—

18 (1) October 31, 1999, or the expiration of the 90-

19 day period beginning on the date of the enactment of

20 this Act, whichever is earlier, if this Act is enacted be21 fore November 1, 1999; or

22 (2) the date of the enactment of this Act if this

23 Act is enacted after October 31, 1999.

Union Calendar No. 158

106TH CONGRESS

1ST SESSION H. R. 2031

[Report No. 106–265]

A BILL

To provide for injunctive relief in Federal district

state transportation of intoxicating liquor.court to enforce State laws relating to the interJULY 27, 1999

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,