I 

111TH CONGRESS 

2D SESSION H. R. 5034 

To support State based alcohol regulation, to clarify evidentiary rules for 

alcohol matters, to ensure the collection of all alcohol taxes, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2010 

Mr. DELAHUNT (for himself, Mr. COBLE, Mr. CHAFFETZ, and Mr. QUIGLEY) 

introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL 

To support State based alcohol regulation, to clarify evidentiary rules for alcohol matters, to ensure the collection of all alcohol taxes, and for other purposes. 

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 ‘‘Comprehensive Alcohol 

5 Regulatory Effectiveness (CARE) Act of 2010’’. 

6 SEC. 2. PURPOSE. 

7 It is the purpose of this Act to— 

8 (1) recognize that alcohol is different from 

9 other consumer products and that it should be reguVerDate Nov 24 2008 22:56 Apr 16, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5034.IH H5034

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1 lated effectively by the States according to the laws 

2 thereof; and 

3 (2) reaffirm and protect the primary authority 

4 of States to regulate alcoholic beverages. 

5 SEC. 3. SUPPORT FOR STATE ALCOHOL REGULATION. 

6 The Act entitled ‘‘An Act divesting intoxicating liq7 uors of their interstate character in certain cases’’, ap8 proved March 1, 1913 (27 U.S.C. 122 et seq.), commonly 

9 known as the ‘‘Webb-Kenyon Act’’, is amended by adding 

10 at the end the following: 

11 ‘‘SEC. 3. SUPPORT FOR STATE ALCOHOL REGULATION. 

12 ‘‘(a) DECLARATION OF POLICY.—It is the policy of 

13 Congress that each State or territory shall continue to 

14 have the primary authority to regulate alcoholic beverages. 

15 ‘‘(b) CONSTRUCTION OF CONGRESSIONAL SI16 LENCE.—Silence on the part of Congress shall not be con17 strued to impose any barrier under clause 3 of section 8 

18 of article I of the Constitution (commonly referred to as 

19 the ‘Commerce Clause’) to the regulation by a State or 

20 territory of alcoholic beverages. However, State or terri21 torial regulations may not facially discriminate, without 

22 justification, against out-of-state producers of alcoholic 

23 beverages in favor of in-state producers. 

24 ‘‘(c) PRESUMPTION OF VALIDITY AND BURDEN OF

25 PROOF.—The following shall apply in any legal action 


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1 challenging, under the Commerce Clause or an Act of Con2 gress, a State or territory law regarding the regulation 

3 of alcoholic beverages: 

4 ‘‘(1) The State or territorial law shall be ac5 corded a strong presumption of validity. 

6 ‘‘(2) The party challenging the State or terri7 torial law shall in all phases of any such legal action 

8 bear the burden of proving its invalidity by clear and 

9 convincing evidence. 

10 ‘‘(3) Notwithstanding that the State or terri11 torial law may burden interstate commerce or may 

12 be inconsistent with an Act of the Congress, the 

13 State law shall be upheld unless the party chal14 lenging the State or territorial law establishes by 

15 clear and convincing evidence that the law has no ef16 fect on the promotion of temperance, the establish17 ment or maintenance of orderly alcoholic beverage 

18 markets, the collection of alcoholic beverage taxes, 

19 the structure of the state alcoholic beverage distribu20 tion system, or the restriction of access to alcoholic 

21 beverages by those under the legal drinking age.’’. 

22 SEC. 4. AMENDMENT TO WILSON ACT. 

23 The Act entitled ‘‘An Act to limit the effect of the 

24 regulations of commerce between the several States and 

25 with foreign countries in certain cases’’, approved August 


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1 8, 1890 (27 U.S.C. 121), commonly known as the ‘‘Wilson 

2 Act’’, is amended by striking ‘‘to the same extent’’ and 

3 all that follows through ‘‘Territory,’’. 

Æ 


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