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Bill106th CongressFiled Jun 7, 1999Law
H.R. 2031

Twenty-First Amendment Enforcement Act

Bill journey · stage 2 of 5

Under committee review

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What it doesSummary passed house amended (Aug 3, 1999)

Twenty-First Amendment Enforcement Act - Amends the Webb-Kenyon Act to authorize a State attorney general (State AG) who has reasonable cause to believe that a person is engaging in any act that would constitute a violation of State law regulating the importation or transportation of any intoxicating liquor, to bring a civil action for injunctive relief to: (1) restrain the person from engaging in the violation; and (2) enforce compliance with State law.

Grants U.S. district courts jurisdiction over any action brought by a State AG against any person, except one licensed or otherwise authorized to produce, sell, or store intoxicating liquor in such State. Permits such an action to be brought only in accordance with Federal judicial code provisions regarding venue, or in the district in which the recipient of such liquor resides or is found. Authorizes the court, in such action and upon a proper showing by the State AG, to issue a preliminary or permanent injunction or other order to restrain a violation. Specifies that a proper showing shall require clear and convincing evidence that a violation of State law regulating the importation or transportation of intoxicating liquor has taken place, and that no temporary restraining order or preliminary injunction may be granted except upon evidence: (1) demonstrating the probability of irreparable injury if injunctive relief is not granted; and (2) supporting the probability of success on the merits. Prohibits such issuance without notice to the adverse party and an opportunity for a hearing.

Sets forth provisions regarding the form and scope of the order.

Specifies that nothing in this Act may be construed to modify or supersede the operation of the Internet Tax Freedom Act. Prohibits any State from enforcing under this Act a law regulating the importation or transportation of intoxicating liquor that unconstitutionally discriminates against interstate commerce by out-of-State sellers by favoring local industries, erecting barriers to competition, and constituting mere economic protectionism.

Provides that nothing in this Act may be construed to: (1) permit State regulation or taxation of Internet services or any other related interstate telecommunications services; or (2) authorize any injunction against an interactive computer service or against an electronic communication service used by another person to engage in any activity that is subject to this Act.

(Sec. 3) Provides that the amendment made by this Act shall apply only with respect to the importation or transportation of intoxicating liquor occurring after: (1) October 31, 1999, or the expiration of the 90-day period beginning on the date of this Act's enactment, whichever is earlier, if this Act is enacted before November 1, 1999; or (2) the date of this Act's enactment if this Act is enacted after October 31, 1999.

(Sec. 4) Directs the Attorney General to conduct and report to Congress on the impact of this Act.

What just happenedAug 4, 1999

Received in the Senate and read twice and referred to the Committee on Judiciary.

Who’s behind it

Rep. Scarborough, Joe [R-FL-1](R-FL)Sponsor
44 cosponsors26 D18 R
Read on Congress.gov
44cosponsors2committees34actions8amendments3related bills24subjects
  1. Aug 4, 1999IntroReferral

    Received in the Senate and read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  2. Aug 3, 1999FloorH38900

    The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 2031.

  3. Aug 3, 1999FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  4. Aug 3, 1999FloorH37100

    On passage Passed by the Yeas and Nays: 310 - 112 (Roll no. 364).

  5. Aug 3, 1999Floor8000

    Passed/agreed to in House: On passage Passed by the Yeas and Nays: 310 - 112 (Roll no. 364).

  6. Aug 3, 1999FloorH36110

    On motion to recommit with instructions Agreed to by voice vote. (consideration: CR H6887)

  7. Aug 3, 1999FloorH8A000

    The previous question on the motion was ordered without objection.

  8. Aug 3, 1999FloorH8D000

    Mr. Conyers moved to recommit the bill to the Committee on the Judiciary with instructions to report it back with an amendment directing the Attorney General to submit a study on the results of this legislation.

  9. Aug 3, 1999FloorH35000

    On ordering engrossment and third reading. Agreed to by the Yeas and Nays: 325 - 99 (Roll no. 363).

  10. Aug 3, 1999FloorH34400

    The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

  11. Aug 3, 1999FloorH35000

    The previous question was ordered pursuant to the rule.

  12. Aug 3, 1999FloorH32600

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2031.

  13. Aug 3, 1999FloorH8D000

    DEBATE - The Committee is debating the amendment offered by Ms. Jackson-Lee.

  14. Aug 3, 1999FloorH8D000

    DEBATE - The Committee is debating the amendment offered by Ms. Lofgren.

  15. Aug 3, 1999FloorH8D000

    DEBATE - The Committee is debating the amendment offered by Ms. Lofgren.

  16. Aug 3, 1999FloorH8D000

    DEBATE - The Committee is debating the perfecting amendment offered by Mr. Conyers.

  17. Aug 3, 1999FloorH8D000

    DEBATE - The Committee is debating the amendment offered by Mr. Goodlatte.

  18. Aug 3, 1999FloorH8D000

    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2031.

  19. Aug 3, 1999FloorH32020

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 272 and Rule XXIII.

  20. Aug 3, 1999FloorH32400

    The Speaker designated the Honorable James V. Hansen to act as Chairman of the Committee.

  21. Aug 3, 1999FloorH8D000

    Rule provides for consideration of H.R. 2031 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Makes in order as an original bill for the purpose of amendment the Committee on the Judiciary amendment in the nature of a substitute now printed in the bill. Measure will be considered read. Bill is open to amendments. The bill shall be considered for amendment under the five-minute rule for a period not to exceed two hours.

  22. Aug 3, 1999FloorH30000

    Considered under the provisions of rule H. Res. 272. (consideration: CR H6857-6887)

  23. Aug 3, 1999FloorH1L220

    Rule H. Res. 272 passed House.

  24. Aug 2, 1999FloorH1L210

    Rules Committee Resolution H. Res. 272 Reported to House. Rule provides for consideration of H.R. 2031 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Makes in order as an original bill for the purpose of amendment the Committee on the Judiciary amendment in the nature of a subsititute now printed in the bill. Measure will be considered read. Bill is open to amendments. The bill shall be considered for amendment under the five-minute rule for a period not to exceed two hours.

  25. Jul 27, 1999CalendarsH12410

    Placed on the Union Calendar, Calendar No. 158.

  26. Jul 27, 1999CommitteeH12200

    Reported (Amended) by the Committee on Judiciary. H. Rept. 106-265.

    Judiciary Committee
  27. Jul 27, 1999Committee5000

    Reported (Amended) by the Committee on Judiciary. H. Rept. 106-265.

    Judiciary Committee
  28. Jul 20, 1999CommitteeH19000

    Ordered to be Reported (Amended) by Voice Vote.

    Judiciary Committee
  29. Jul 20, 1999CommitteeH15000-B

    Committee Consideration and Mark-up Session Held.

    Judiciary Committee
  30. Jul 15, 1999CommitteeH25000

    Subcommittee on Courts and Intellectual Property Discharged.

    Judiciary Committee
  31. Jun 15, 1999CommitteeH11000

    Referred to the Subcommittee on Courts and Intellectual Property.

    Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee
  32. Jun 7, 1999IntroReferralH11100

    Referred to the House Committee on the Judiciary.

    Judiciary Committee
  33. Jun 7, 1999IntroReferralIntro-H

    Introduced in House

  34. Jun 7, 1999IntroReferral1000

    Introduced in House

Passed House amendedAug 3, 199936

Twenty-First Amendment Enforcement Act - Amends the Webb-Kenyon Act to authorize a State attorney general (State AG) who has reasonable cause to believe that a person is engaging in any act that would constitute a violation of State law regulating the importation or transportation of any intoxicating liquor, to bring a civil action for injunctive relief to: (1) restrain the person from engaging in the violation; and (2) enforce compliance with State law.

Grants U.S. district courts jurisdiction over any action brought by a State AG against any person, except one licensed or otherwise authorized to produce, sell, or store intoxicating liquor in such State. Permits such an action to be brought only in accordance with Federal judicial code provisions regarding venue, or in the district in which the recipient of such liquor resides or is found. Authorizes the court, in such action and upon a proper showing by the State AG, to issue a preliminary or permanent injunction or other order to restrain a violation. Specifies that a proper showing shall require clear and convincing evidence that a violation of State law regulating the importation or transportation of intoxicating liquor has taken place, and that no temporary restraining order or preliminary injunction may be granted except upon evidence: (1) demonstrating the probability of irreparable injury if injunctive relief is not granted; and (2) supporting the probability of success on the merits. Prohibits such issuance without notice to the adverse party and an opportunity for a hearing.

Sets forth provisions regarding the form and scope of the order.

Specifies that nothing in this Act may be construed to modify or supersede the operation of the Internet Tax Freedom Act. Prohibits any State from enforcing under this Act a law regulating the importation or transportation of intoxicating liquor that unconstitutionally discriminates against interstate commerce by out-of-State sellers by favoring local industries, erecting barriers to competition, and constituting mere economic protectionism.

Provides that nothing in this Act may be construed to: (1) permit State regulation or taxation of Internet services or any other related interstate telecommunications services; or (2) authorize any injunction against an interactive computer service or against an electronic communication service used by another person to engage in any activity that is subject to this Act.

(Sec. 3) Provides that the amendment made by this Act shall apply only with respect to the importation or transportation of intoxicating liquor occurring after: (1) October 31, 1999, or the expiration of the 90-day period beginning on the date of this Act's enactment, whichever is earlier, if this Act is enacted before November 1, 1999; or (2) the date of this Act's enactment if this Act is enacted after October 31, 1999.

(Sec. 4) Directs the Attorney General to conduct and report to Congress on the impact of this Act.

Reported to House with amendment(s)Jul 27, 199917

Twenty-First Amendment Enforcement Act - Amends the Webb-Kenyon Act to authorize a State attorney general (State AG) who has reasonable cause to believe that a person is engaging in any act that would constitute a violation of State law regulating the importation or transportation of any intoxicating liquor, to bring a civil action for injunctive relief to: (1) restrain the person from engaging in the violation; and (2) enforce compliance with State law.

Grants U.S. district courts jurisdiction over any action brought by a State AG against any person, except one licensed or otherwise authorized to produce, sell, or store intoxicating liquor in such State. Permits such an action to be brought only in accordance with Federal judicial code provisions regarding venue, or in the district in which the recipient of such liquor resides or is found. Authorizes the court, in such action and upon a proper showing by the State AG, to issue a preliminary or permanent injunction or other order to restrain a violation. Specifies that a proper showing shall require clear and convincing evidence that a violation of State law regulating the importation or transportation of intoxicating liquor has taken place, and that no temporary restraining order or preliminary injunction may be granted except upon evidence: (1) demonstrating the probability of irreparable injury if injunctive relief is not granted; and (2) supporting the probability of success on the merits. Prohibits such issuance without notice to the adverse party and an opportunity for a hearing.

Sets forth provisions regarding the form and scope of the order. Provides that the amendment made by this Act shall apply only with respect to the importation or transportation of intoxicating liquor occurring after: (1) October 31, 1999, or the expiration of the 90-day period beginning on the date of this Act's enactment, whichever is earlier, if this Act is enacted before November 1, 1999; or (2) the date of this Act's enactment if this Act is enacted after October 31, 1999.

Introduced in HouseJun 7, 199900

Twenty-First Amendment Enforcement Act - Amends the Webb-Kenyon Act to authorize a State attorney general (State AG) who has reasonable cause to believe that a person is engaging in any act that would constitute a violation of State law regulating the importation or transportation of any intoxicating liquor, to bring a civil action for injunctive relief to: (1) restrain the person from engaging in the violation; and (2) enforce compliance with State law.

Grants U.S. district courts jurisdiction over any action brought by a State AG against any person, except one licensed or otherwise authorized to produce, sell, or store intoxicating liquor in such State. Permits such an action to be brought only in accordance with Federal judicial code provisions regarding venue, or in the district in which the recipient of such liquor resides or is found. Directs the court, in such action and upon a proper showing by the State AG, to issue a preliminary or permanent injunction or other order without requiring the posting of a bond. Prohibits such issuance without notice to the adverse party.

Sets forth provisions regarding the form and scope of the order. Authorizes the court to order the trial of the action on the merits to be advanced and consolidated with the hearing on the application. Specifies that such an action shall be tried before the court.