H.R. 1161

Community Alcohol Regulatory Effectiveness Act of 2011

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I

112th CONGRESS

1st Session

H. R. 1161

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.

1.

Short title

This Act may be cited as the Community Alcohol Regulatory Effectiveness Act of 2011.

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.

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:

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.

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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,.