[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 577 Introduced in Senate (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.''.
                                 <all>