HB 1114-1_ Filed 01/09/2006, 11:12 Pierce


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    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 UPON PASSAGE]:
     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 chapter; and
        (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.)

________________________________________

Representative Pierce


MO111401/DI 103     2006