Volume IV No. 8/9

A publication of the National Association of Theatre Owners

Advertise in In Focus

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State Legislative Update
Old Themes Return;
Some With A New Twist

by Belinda Judson
Executive Director, Mid-States NATO

While many of the state legislative sessions are, as I write this column, winding down, others are still in full swing and continuing to present us with some interesting challenges.

Many of the proposals we’re seeing are similar to ones we’ve seen on state agendas before. These deal with, among other things, minimum wage increases (also an issue in some municipalities), prevailing wages, sales and use taxes, violent video games, material deemed obscene or harmful to minors, the use of minors in performances and ratings. (Some legislation on this last topic even proposed prohibiting all minors from R-rated films – even if those minors are accompanied by a parent!)

And, fearful perhaps that we might grow bored of these familiar topics, our state lawmakers have come up with some newer ideas.

The good news is piracy continues to be a big issue both on the state and federal level. Several states have already passed camcorder legislation and others have similar legislation pending. States are now adding proposed legislation to address Internet piracy and go after those illegally downloading movies over the Internet.

Many states are enacting legislation with tax incentives for motion picture production companies and establishing film foundations. While this does not directly involve exhibition, the bill in South Carolina bears watching as it proposes that funding be generated via admissions taxes. It’s currently waiting to be signed by the state’s governor. An admissions tax already exists in this particular state and the legislation does not mention an increase of such. However, it would be easy for other states to propose a new admissions tax or an increase in existing taxes to fund similar incentives or foundations.

Several states are tackling the issues of obscenity in or on motor vehicles. One state has already passed legislation prohibiting offensive markings and bumper stickers and the exhibition of “offensive movies” in motor vehicles. (I am told they are calling it the “drive-by porn legislation.”)

And, like their counterparts in the U.S. Congress, state lawmakers are addressing two “hot” issues – smoking and obesity.

Congressional committees have been holding hearings regarding the influence that smoking in movies has on America’s youth. The states’ attorneys general have also expressed concern about smoking in movies. To date, however, the legislation that has appeared on the state level has been targeted more to smoking in public places or smoking in a motor vehicle with minors present.

As for obesity, please read John Fithian’s “From the President’s Desk” column for details on favorable legislation that is being enacted in many of our states.

Thankfully, as John mentions, many of these issues have been favorable to exhibition. Your help in dealing with the challenges has been invaluable.

 

 

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