Comprehensive Alcohol Regulatory Effectiveness (CARE) Act of 2010 - Amends the Webb-Kenyon Act to: (1) state that it is the policy of Congress that each state or territory shall continue to have the primary authority to regulate alcoholic beverages; (2) prohibit unjustified discrimination against out-of-state producers of alcoholic beverages in favor of in-state producers; and (3) establish higher evidentiary standards for legal actions challenging the authority of states or territories to regulate alcoholic beverages.
Amends the Wilson Act to eliminate the requirement that a state or territory regulate the importation of all fermented, distilled, or other intoxicating liquors or liquids to the same extent and in the same manner as such liquors or liquids produced in such state or territory.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5034 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5034
To support State based alcohol regulation, to clarify evidentiary rules
for alcohol matters, to ensure the collection of all alcohol taxes, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 15, 2010
Mr. Delahunt (for himself, Mr. Coble, Mr. Chaffetz, and Mr. Quigley)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To support State based alcohol regulation, to clarify evidentiary rules
for alcohol matters, to ensure the collection of all alcohol taxes, 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 ``Comprehensive Alcohol Regulatory
Effectiveness (CARE) Act of 2010''.
SEC. 2. PURPOSE.
It is the purpose of this Act to--
(1) recognize that alcohol is different from other consumer
products and that it should be regulated effectively by the
States according to the laws thereof; and
(2) reaffirm and protect the primary authority of States to
regulate alcoholic beverages.
SEC. 3. SUPPORT FOR STATE ALCOHOL REGULATION.
The Act entitled ``An Act divesting intoxicating liquors of their
interstate character in certain cases'', approved March 1, 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 that
each State or territory shall continue to have the primary authority to
regulate alcoholic beverages.
``(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
facially discriminate, without justification, against out-of-state
producers of alcoholic beverages in favor of in-state producers.
``(c) Presumption of Validity and Burden of Proof.--The following
shall apply in any legal action challenging, under the Commerce Clause
or an Act of Congress, a State or territory law regarding the
regulation of alcoholic beverages:
``(1) The State or territorial law shall be accorded a
strong presumption of validity.
``(2) The party challenging the State or territorial law
shall in all phases of any such legal action bear the burden of
proving its invalidity by clear and convincing evidence.
``(3) Notwithstanding that the State or territorial law may
burden interstate commerce or may be inconsistent with an Act
of the Congress, the State law shall be upheld unless the party
challenging the State or territorial law establishes by clear
and convincing evidence that the law has no effect on the
promotion of temperance, the establishment or maintenance of
orderly alcoholic beverage markets, the collection of alcoholic
beverage taxes, the structure of the state alcoholic beverage
distribution system, or the restriction of access to alcoholic
beverages by those under the legal drinking age.''.
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,''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Courts and Competition Policy.
Subcommittee on Courts and Competition Policy Discharged.
Committee Hearings Held.
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