I

106TH CONGRESS

1ST SESSION H. R. 2031

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

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’’, ap-
2

•HR 2031 IH

1 proved March 1, 1913 (commonly known as the ‘‘Webb2 Kenyon Act’’) (27 U.S.C. 122) is amended by adding at

3 the end the following:

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

5 COURT.

6 ‘‘(a) DEFINITIONS.—In this section—

7 ‘‘(1) the term ‘attorney general’ means the at8 torney general or other chief law enforcement officer

9 of a State, or the designee thereof;

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

11 spirituous, vinous, malted, fermented, or other in12 toxicating liquor of any kind;

13 ‘‘(3) the term ‘person’ means any individual

14 and any partnership, corporation, company, firm, so15 ciety, association, joint stock company, trust, or

16 other entity capable of holding a legal or beneficial

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

18 agency thereof; and

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

20 United States, the District of Columbia, the Com21 monwealth of Puerto Rico, or any territory or pos22 session of the United States.

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

24 the attorney general of a State has reasonable cause to

25 believe that a person is engaged in, is about to engage
3

•HR 2031 IH

1 in, or has engaged in, any act that would constitute a vio2 lation of a State law regulating the importation or trans3 portation of any intoxicating liquor, the attorney general

4 may bring a civil action in accordance with this section

5 for injunctive relief (including a preliminary or permanent

6 injunction or other order) against the person, as the attor7 ney general determines to be necessary to—

8 ‘‘(1) restrain the person from engaging, or con9 tinuing to engage, in the violation; and

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

11 ‘‘(c) FEDERAL JURISDICTION.—

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

13 United States shall have jurisdiction over any action

14 brought under this section by an attorney general of

15 a State against any person, except one licensed or

16 otherwise authorized to produce, sell, or store intoxi17 cating liquor in such State.

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

19 may be brought only in accordance with section

20 1391 of title 28, United States Code, or in the dis21 trict in which the recipient of the intoxicating liquor

22 resides or is found.

23 ‘‘(d) REQUIREMENTS FOR INJUNCTIONS AND

24 ORDERS.—
4

•HR 2031 IH

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

2 under this section, upon a proper showing by the at3 torney general of the State, the court shall issue a

4 preliminary or permanent injunction or other order

5 without requiring the posting of a bond.

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

7 injunction or other order may be issued under para8 graph (1) without notice to the adverse party.

9 ‘‘(3) FORM AND SCOPE OF ORDER.—Any pre10 liminary or permanent injunction or other order en11 tered in an action brought under this section shall—

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

13 of the order;

14 ‘‘(B) be specific in terms;

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

16 by reference to the complaint or other docu17 ment, the act or acts to be restrained; and

18 ‘‘(D) be binding only upon—

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

20 officers, agents, employees, and attorneys

21 of those parties; and

22 ‘‘(ii) persons in active cooperation or

23 participation with the parties to the action

24 who receive actual notice of the order by

25 personal service or otherwise.
5

•HR 2031 IH

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

2 MERITS.—

3 ‘‘(1) IN GENERAL.—Before or after the com4 mencement of a hearing on an application for a pre5 liminary or permanent injunction or other order

6 under this section, the court may order the trial of

7 the action on the merits to be advanced and consoli8 dated with the hearing on the application.

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

10 court does not order the consolidation of a trial on

11 the merits with a hearing on an application de12 scribed in paragraph (1), any evidence received upon

13 an application for a preliminary or permanent in14 junction or other order that would be admissible at

15 the trial on the merits shall become part of the

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

17 received again at the trial.

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

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

20 ‘‘(g) ADDITIONAL REMEDIES.—

21 ‘‘(1) IN GENERAL.—A remedy under this sec22 tion is in addition to any other remedies provided by

23 law.

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

25 this section may be construed to prohibit an author-
6

•HR 2031 IH

1 ized State official from proceeding in State court on

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

Æ