IB
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 MIL-
LER of California, Mr. SKELTON, Mr. BAKER, Mr. KILDEE, Mr. GUT-
KNECHT, 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
[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 transpor-
tation of intoxicating liquor.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Twenty-First Amend-
ment Enforcement Act’’.
SEC. 2. SHIPMENT OF INTOXICATING LIQUOR INTO STATE
IN VIOLATION OF STATE LAW.
The Act entitled ‘‘An Act divesting intoxicating liquors
of their interstate character in certain cases’’, approved
March 1, 1913 (commonly known as the ‘‘Webb-Kenyon
Act’’) (27 U.S.C. 122) is amended by adding at the end
the following:
‘‘SEC. 2. INJUNCTIVE RELIEF IN FEDERAL DISTRICT COURT.
‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘attorney general’ means the attor-
ney general or other chief law enforcement officer of
a State, or the designee thereof;
‘‘(2) the term ‘intoxicating liquor’ means any
spirituous, vinous, malted, fermented, or other intoxi-
cating liquor of any kind;
‘‘(3) the term ‘person’ means any individual and
any partnership, corporation, company, firm, society,
association, joint stock company, trust, or other entity
capable of holding a legal or beneficial interest in
property, but does not include a State or agency
thereof; and
‘‘(4) the term ‘State’ means any State of the
United States, the District of Columbia, the Common-
wealth of Puerto Rico, or any territory or possession
of the United States.
‘‘(b) ACTION BY STATE ATTORNEY GENERAL.—If the
attorney general has reasonable cause to believe that a per-
son is engaged in, or has engaged in, any act that would
constitute a violation of a State law regulating the importa-
tion or transportation of any intoxicating liquor, the attor-
ney general may bring a civil action in accordance with
this section for injunctive relief (including a preliminary
or permanent injunction or other order) against the person,
as the attorney general determines to be necessary to—
‘‘(1) restrain the person from engaging, or con-
tinuing to engage, in the violation; and
‘‘(2) enforce compliance with the State law.
‘‘(c) FEDERAL JURISDICTION.—
‘‘(1) IN
GENERAL.—The district courts of the
United States shall have jurisdiction over any action
brought under this section by an attorney general
against any person, except one licensed or otherwise
authorized to produce, sell, or store intoxicating liq-
uor in such State.
‘‘(2) VENUE.—An action under this section may
be brought only in accordance with section 1391 of
title 28, United States Code, or in the district in
which the recipient of the intoxicating liquor resides
or is found.
‘‘(d) REQUIREMENTS
FOR INJUNCTIONS
AND OR-
DERS.—
‘‘(1) IN GENERAL.—In any action brought under
this section, upon a proper showing by the attorney
general of the State, the court may issue a prelimi-
nary or permanent injunction or other order to re-
strain a violation of this section. A proper showing
under this paragraph shall require clear and con-
vincing evidence that a violation of State law as de-
scribed in subsection (b) has taken place. In addition,
no temporary restraining order or preliminary in-
junction may be granted except upon—
‘‘(A) evidence demonstrating the probability
of irreparable injury if injunctive relief is not
granted; and
‘‘(B) evidence supporting the probability of
success on the merits.
‘‘(2) NOTICE.—No preliminary injunction or
permanent injunction or other order may be issued
under paragraph (1) without notice to the adverse
party and an opportunity for a hearing.
‘‘(3) FORM AND SCOPE OF ORDER.—Any pre-
liminary or permanent injunction or other order en-
tered in an action brought under this section shall—
‘‘(A) set forth the reasons for the issuance of
the order;
‘‘(B) be specific in its terms;
‘‘(C) describe in reasonable detail, and not
by reference to the complaint or other document,
the act or acts sought to be restrained;
‘‘(D) be binding upon—
‘‘(i) the parties to the action and the
officers, agents, employees, and attorneys of
those parties; and
‘‘(ii) persons in active concert or par-
ticipation with the parties to the action who
receive actual notice of the order by per-
sonal service or otherwise.
‘‘(e) ADDITIONAL REMEDIES.—
‘‘(1) IN GENERAL.—A remedy under this section
is in addition to any other remedies provided by law.
‘‘(2) STATE COURT PROCEEDINGS.—Nothing in
this section may be construed to prohibit an author-
ized State official from proceeding in State court on
the basis of an alleged violation of any State law.’’.
SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENT.
(a) EFFECTIVE DATE.—Except as provided in sub-
section (b), this Act and the amendment made by this Act
shall take effect on the date of the enactment of this Act.
(b) APPLICATION OF AMENDMENT.—The amendment
made by this Act shall apply only with respect to the impor-
tation or transportation of any intoxicating liquor occur-
ring after—
(1) October 31, 1999, or the expiration of the 90-
day period beginning on the date of the enactment of
this Act, whichever is earlier, if this Act is enacted be-
fore November 1, 1999; or
(2) the date of the enactment of this Act if this
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
court to enforce State laws relating to the inter-
state transportation of intoxicating liquor.
JULY 27, 1999
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed