[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1161 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1161

  To reaffirm state-based alcohol regulation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2011

Mr. Chaffetz (for himself, Mr. Braley of Iowa, Mr. Coble, Mr. Conyers, 
 Mr. Deutch, Mr. Jordan, Mr. Gary G. Miller of California, Mr. Ross of 
  Florida, and Ms. Wasserman Schultz) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To reaffirm state-based alcohol regulation, and for other purposes.

    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 ``Community Alcohol Regulatory 
Effectiveness Act of 2011''.

SEC. 2. PURPOSES.

    The purpose of this Act is to recognize and reaffirm that alcohol 
is different from other consumer products and that it should continue 
to be regulated by the States.

SEC. 3. SUPPORT FOR STATE ALCOHOL REGULATION.

    The Act entitled ``An Act divesting intoxicating liquors of their 
interstate character in certain cases'', approved March 2, 1913 (27 
U.S.C. 122 et seq.), commonly known as the ``Webb-Kenyon Act'', is 
amended by adding at the end the following:

``SEC. 3. SUPPORT FOR STATE ALCOHOL REGULATION.

    ``(a) Declaration of Policy.--It is the policy of Congress to 
recognize and reaffirm that alcohol is different from other consumer 
products and that it should continue to be regulated by the States.
    ``(b) Construction of Congressional Silence.--Silence on the part 
of Congress shall not be construed to impose any barrier under clause 3 
of section 8 of article I of the Constitution (commonly referred to as 
the `Commerce Clause') to the regulation by a State or territory of 
alcoholic beverages. However, State or territorial regulations may not 
intentionally or facially discriminate against out-of-State or out-of-
territory producers of alcoholic beverages in favor of in-State or in-
territory producers unless the State or territory can demonstrate that 
the challenged law advances a legitimate local purpose that cannot be 
adequately served by reasonable nondiscriminatory alternatives.''.

SEC. 4. AMENDMENT TO WILSON ACT.

    The Act entitled ``An Act to limit the effect of the regulations of 
commerce between the several States and with foreign countries in 
certain cases'', approved August 8, 1890 (27 U.S.C. 121), commonly 
known as the ``Wilson Act'', is amended by striking ``to the same 
extent'' and all that follows through ``Territory,''.
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