[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1170 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1170

   To provide that an application for an injunction restraining the 
    enforcement, operation, or execution of a State law adopted by 
referendum may not be granted on the ground of the unconstitutionality 
of such law unless the application is heard and determined by a 3-judge 
                                 court.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 20, 1997

  Mr. Bono (for himself, Mr. Hyde, Mr. Coble, Mr. Smith of Texas, Mr. 
  Gekas, Mr. McCollum, Mr. Canady of Florida, Mr. Sensenbrenner, Mr. 
 Gallegly, Mr. Goodlatte, Mr. Barr of Georgia, Mr. Bryant, Mr. Schiff, 
Mr. Chabot, Mr. Solomon, Mr. Dreier, Mr. Calvert, Mr. Rohrabacher, Mr. 
 Horn, Mr. Bilbray, Mr. Riggs, Mr. McKeon, Mr. Royce, Mr. Herger, Mr. 
Hunter, Mr. Lewis of California, Mr. Kim, Mr. Ehrlich, Mr. Coburn, Mr. 
 Cunningham, Mr. Graham, Mr. Hostettler, Mr. Bartlett of Maryland, and 
Mr. McIntosh) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To provide that an application for an injunction restraining the 
    enforcement, operation, or execution of a State law adopted by 
referendum may not be granted on the ground of the unconstitutionality 
of such law unless the application is heard and determined by a 3-judge 
                                 court.

    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 ``State Initiative Fairness Act''.

SEC. 2. 3-JUDGE COURT FOR CERTAIN INJUNCTIONS.

    Any application for an interlocutory or permanent injunction 
restraining the enforcement, operation, or execution of a State law 
adopted by referendum shall not be granted by a United States district 
court or judge thereof upon the ground of the unconstitutionality of 
such State law unless the application for the injunction is heard and 
determined by a court of 3 judges in accordance with section 2284 of 
title 28, United States Code. Any appeal of a determination on such 
application shall be to the Supreme Court. In any case to which this 
section applies, the additional judges who will serve on the 3-judge 
court shall be designated under section 2284(b)(1) of title 28, United 
States Code, as soon as practicable, and the court shall expedite the 
consideration of the application for an injunction.

SEC. 3. DEFINITIONS.

    As used in this Act--
            (1) the term ``State'' means each of the several States and 
        the District of Columbia;
            (2) the term ``State law'' means the constitution of a 
        State, or any statute, ordinance, rule, regulation, or other 
        measure of a State that has the force of law, and any amendment 
        thereto; and
            (3) the term ``referendum'' means the submission to popular 
        vote of a measure passed upon or proposed by a legislative body 
        or by popular initiative.

SEC. 4. EFFECTIVE DATE.

    This Act applies to any application for an injunction that is filed 
on or after the date of the enactment of this Act.
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