IIB
106TH CONGRESS
1ST SESSION
H. R. 2031
IN THE SENATE OF THE UNITED STATES
AUGUST 4, 1999
Received; read twice and referred to the Committee on the Judiciary
AN ACT
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,
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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 liq-
uors of their interstate character in certain cases’’, ap-
proved 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 at-
torney 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 in-
toxicating liquor of any kind;
‘‘(3) the term ‘person’ means any individual
and any partnership, corporation, company, firm, so-
ciety, 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
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‘‘(4) the term ‘State’ means any State of the
United States, the District of Columbia, the Com-
monwealth of Puerto Rico, or any territory or pos-
session of the United States.
‘‘(b) ACTION BY STATE ATTORNEY GENERAL.—If
the attorney general has reasonable cause to believe that
a person is engaged in, or has engaged in, any act that
would constitute a violation of a State law regulating the
importation or transportation of any intoxicating liquor,
the attorney general may bring a civil action in accordance
with this section for injunctive relief (including a prelimi-
nary 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.
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‘‘(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 dis-
trict 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 at-
torney general of the State, the court may issue a
preliminary or permanent injunction or other order
to restrain a violation of this section. A proper show-
ing 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 addi-
tion, no temporary restraining order or preliminary
injunction may be granted except upon—
‘‘(A) evidence demonstrating the prob-
ability 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
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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 docu-
ment, the act or acts sought to be restrained;
and
‘‘(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
personal service or otherwise.
‘‘(e) ADDITIONAL REMEDIES.—
‘‘(1) IN GENERAL.—A remedy under this sec-
tion is in addition to any other remedies provided by
law.
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‘‘(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. GENERAL PROVISIONS.
‘‘(a) EFFECT ON INTERNET TAX FREEDOM ACT.—
Nothing in this Act may be construed to modify or super-
sede the operation of the Internet Tax Freedom Act (47
U.S.C. 151 note).
‘‘(b) ENFORCEMENT
OF TWENTY-FIRST AMEND-
MENT.—It is the purpose of this Act to assist the States
in the enforcement of section 2 of the twenty-first article
of amendment to the Constitution of the United States,
and not to impose an unconstitutional burden on inter-
state commerce in violation of article I, section 8, of the
Constitution of the United States. No State may enforce
under this Act a law regulating the importation or trans-
portation of any intoxicating liquor that unconstitutionally
discriminates against interstate commerce by out-of-State
sellers by favoring local industries, erecting barriers to
competition, and constituting mere economic protec-
tionism.
‘‘(c) SUPPORT FOR INTERNET AND OTHER INTER-
STATE
COMMERCE.—Nothing in this Act may be
construed—
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‘‘(1) to permit State regulation or taxation of
Internet services or any other related interstate tele-
communications services; or
‘‘(2) to authorize any injunction against—
‘‘(A) an interactive computer service (as
defined in section 230(f) of the Communica-
tions Act of 1934 (47 U.S.C. 230(f)); or
‘‘(B) electronic communication service (as
defined in section 2510(15) of title 18, United
States Code) used by another person to engage
in any activity that is subject to this Act.’’.
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 im-
portation or transportation of any intoxicating liquor oc-
curring after—
(1) October 31, 1999, or the expiration of the
90-day period beginning on the date of the enact-
ment of this Act, whichever is earlier, if this Act is
enacted before November 1, 1999; or
(2) the date of the enactment of this Act if this
Act is enacted after October 31, 1999.
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SEC. 4. STUDY.
The Attorney General shall submit to the Congress
the results of a study to determine the impact of this Act.
The Attorney General shall carry out the study required
by subsection (a) and shall submit the results of such
study not later than 180 days after the date of the enact-
ment of this Act.
Passed the House of Representatives August 3,
1999.
Attest:
JEFF TRANDAHL,
Clerk.
By MARTHA C. MORRISON,
Deputy Clerk.