HB 1114-1_ Filed 01/09/2006, 11:12 Pierce
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
I move that House Bill 1114 be amended to read as follows:
SOURCE: Page 2, line 8; (06)MO111401.2. -->
Page 2, between lines 8 and 9, begin a new paragraph and insert:
SOURCE: IC 32-22-3; (06)MO111401.3. -->
"SECTION 3. IC 32-22-3 IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
Chapter 3. Limitations on Conveyances of Real Property Owned
by Movie Theater Owners
Sec. 1. (a) As used in this chapter, "movie theater owner" means
a person that owns an establishment in which commercially
distributed feature motion pictures are regularly exhibited to the
public for a charge.
(b) The term includes a parent corporation, a holding company,
or another business entity with a controlling ownership interest.
Sec. 2. As used in this chapter, "nominal party" means a person
or an entity that agrees to accept conveyance of real property
owned by a movie theater owner and to reconvey the real property:
(1) to a person designated by the movie theater owner; and
(2) under terms established by the movie theater owner.
Sec. 3. If a movie theater owner conveys real property owned by
the movie theater owner to a person:
(1) a restriction;
(2) a reservation;
(3) a condition;
(4) an exception; or
(5) a covenant;
that prohibits the person from using the conveyed real property to
regularly exhibit commercially distributed feature motion pictures
to the public for a charge is, to the extent of the prohibition, against
public policy and void.
Sec. 4. A movie theater owner may not convey real property
owned by the movie theater owner to a nominal party in order to
evade the prohibition in section 3 of this chapter.
Sec. 5. An aggrieved person may bring an action:
(1) to enjoin an act of a movie theater owner that violates this
(2) for damages, including reasonable attorney's fees, against
a movie theater owner for a violation of this chapter;
in a circuit or superior court in the county in which the movie
theater is located.".
SOURCE: Page 2, line 31; (06)MO111401.2. -->
Page 2, between lines 31 and 32, begin a new paragraph and insert:
SOURCE: ; (06)MO111401.7. -->
"SECTION 7. [EFFECTIVE UPON PASSAGE] IC 32-22-3, as
added by this act, applies to a conveyance of real property from a
movie theater owner (as defined in IC 32-22-3-1, as added by this
act) to a person that occurs after the passage of this act.
Renumber all SECTIONS consecutively.
(Reference is to HB 1114 as printed January 6, 2006.)
MO111401/DI 103 2006