Amendment in the Nature of a Substitute to HR 2031 Offered by Rep. Scarborough (R-FL).
Re: Twenty-First Amendment Enforcement Act, a bill affecting Internet alcohol sales.
Date: July 20, 1999.
Source: House Judiciary Committee. This document was created by Tech Law Journal by scanning paper copies and converting to HTML.

Editor's Note: The House Judiciary Committee adopted this amendment, and approved HR 2031 as amended. Also, the Committee voted on several amendments to this amendment. The text of these amendments, and the vote results, are listed below.

Amendment in the Nature of a Substitute
To H.R. 2031
Offered by Mr. Scarborough

Strike all after the enacting clause and insert the following:

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;

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"(3) 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

"(4) 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 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 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.

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"(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 liquor in such State.

"(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 district in which the recipient of the intoxicating liquor resides or is found.

"(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 to restrain a violation of this section. A proper showing under this paragraph shall require clear and convincing evidence that a violation of State law as described in subsection (b) has taken place. In addition, no temporary restraining order or preliminary injunction may be granted except upon---

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"(A) evidence demonstrating the probability 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 under paragraph (1) without notice to the adverse party and an opportunity for a hearing.

"(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 its terms;

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

"(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 participation with the parties to the action [begin page 5] who receive actual notice of the order by personal service or otherwise.

"(e) 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.".

SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENT.

(a) EFFECTIVE DATE.---Except as provided in subsection (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 importation or transportation of any intoxicating liquor occurring after---

(1) October 31, 1999, or the expiration of the 90-day period beginning on the date of the enactment 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.

AMENDMENT OFFERED BY MR. NADLER
TO THE AMENDMENT OFFERED BY MR. SCARBOROUGH
TO H. R. 2031

Page 3, line 16, delete "shall" and insert "may".

Editor's Note: This Nadler amendment was adopted by a unanimous voice vote.

Amendment to the Scarborough Amendment in the Nature of a Substitute, offered by Ms. Lofgren:

Strike the words "regulating the importation or transportation of any intoxicating liquor," found at page 2, lines 14 - 15, and insert "regarding the sale of intoxicating liquor to an individual who is not of lawful drinking age in such state,"

Editor's Note: This Lofgren Amendment was rejected on a roll call vote of 8 to 22.

AMENDMENT TO THE SCARBOROUGH AMENDMENT
IN THE NATURE OF A SUBSTITUTE
OFFERED BY MS. LOFGREN

Page 2, line 15, after "liquor" insert "or firearm".

Editor's Note: This Lofgren Amendment was ruled not germane by the Chair.

Amendment of Mr. Watt to the Scarborough Amendment to HR 2031

Page 3, Line 20 after "evidence" insert the following: "that State law takes precedence over any applicable federal law and"

Editor's Note: This Watt amendment was rejected.

Amendment of Mr. Watt to the Scarborough Amendment to HR 2031

Page 3, Line 20 after "evidence" insert the following: "that there is no federal law which takes precedence over the applicable state law and"

Editor's Note: This Watt amendment was rejected.