To provide for injunctive relief in Federal district court to enforce State laws relating to the interstate transportation of intoxicating liquor.
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.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 438.
Became Public Law No: 106-386.
Motion to reconsider laid on the table Agreed to without objection.
The Speaker designated the Honorable James V. Hansen to act as Chairman of the Committee.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 272 and Rule XXIII.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2031.
DEBATE - The Committee is debating the amendment offered by Mr. Goodlatte.
DEBATE - The Committee is debating the perfecting amendment offered by Mr. Conyers.
DEBATE - The Committee is debating the amendment offered by Ms. Lofgren.
DEBATE - The Committee is debating the amendment offered by Ms. Lofgren.
DEBATE - The Committee is debating the amendment offered by Ms. Jackson-Lee.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2031.
The previous question was ordered pursuant to the rule.
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.
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On ordering engrossment and third reading. Agreed to by the Yeas and Nays: 325 - 99 (Roll no. 363).
Roll Call #363 (House)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.
The previous question on the motion was ordered without objection.
On motion to recommit with instructions Agreed to by voice vote. (consideration: CR H6887)
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 310 - 112 (Roll no. 364).
Roll Call #364 (House)On passage Passed by the Yeas and Nays: 310 - 112 (Roll no. 364).
Roll Call #364 (House)Motion to reconsider laid on the table Agreed to without objection.
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.
Received in the Senate and read twice and referred to the Committee on Judiciary.