S. 577 (106th): Twenty-First Amendment Enforcement Act

106th Congress, 1999–2000. Text as of Mar 10, 1999 (Introduced).

Status & Summary | PDF | Source: GPO

S 577 IS

106th CONGRESS

1st Session

S. 577

To provide for injunctive relief in Federal district court to enforce State laws relating to the interstate transportation of intoxicating liquor.

IN THE SENATE OF THE UNITED STATES

March 10, 1999

Mr. HATCH (for himself and Mr. DEWINE) introduced the following bill; which was read twice and 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.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Twenty-First Amendment 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 attorney 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 intoxicating liquor of any kind;

      ‘(2) 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

      ‘(3) the term ‘State’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States.

    ‘(b) ACTION BY STATE ATTORNEY GENERAL- If the attorney general of a State has reasonable cause to believe that a person is engaged in, is about to engage 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 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 continuing 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.

      ‘(2) VENUE- An action under this section may be brought only in accordance with section 1391 of title 28, United States Code.

    ‘(d) REQUIREMENTS FOR INJUNCTIONS AND ORDERS-

      ‘(1) IN GENERAL- In any action brought under this section, upon a proper showing by the attorney general of the State, the court shall issue a preliminary or permanent injunction or other order without requiring the posting of a bond.

      ‘(2) NOTICE- No preliminary or permanent injunction or other order may be issued under paragraph (1) without notice to the adverse party.

      ‘(3) FORM AND SCOPE OF ORDER- Any preliminary or permanent injunction or other order entered in an action brought under this section shall--

        ‘(A) set forth the reasons for the issuance of the order;

        ‘(B) be specific in terms;

        ‘(C) describe in reasonable detail, and not by reference to the complaint or other document, the act or acts to be restrained; and

        ‘(D) be binding only upon--

          ‘(i) the parties to the action and the officers, agents, employees, and attorneys of those parties; and

          ‘(ii) persons in active cooperation or participation with the parties to the action who receive actual notice of the order by personal service or otherwise.

    ‘(e) CONSOLIDATION OF HEARING WITH TRIAL ON MERITS-

      ‘(1) IN GENERAL- Before or after the commencement of a hearing on an application for a preliminary or permanent injunction or other order under this section, the court may order the trial of the action on the merits to be advanced and consolidated with the hearing on the application.

      ‘(2) ADMISSIBILITY OF EVIDENCE- If the court does not order the consolidation of a trial on the merits with a hearing on an application described in paragraph (1), any evidence received upon an application for a preliminary or permanent injunction or other order that would be admissible at the trial on the merits shall become part of the record of the trial and shall not be required to be received again at the trial.

    ‘(f) NO RIGHT TO TRIAL BY JURY- An action brought under this section shall be tried before the court.

    ‘(g) 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 authorized State official from proceeding in State court on the basis of an alleged violation of any State law.’.