Volume V No. 10

A publication of the National Association of Theatre Owners

Advertise in In Focus

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No Rest For the Lawmaker;
No Rest For Exhibition

by Belinda Judson
Executive Director, Mid-States NATO

Have my state legislative columns started to remind you of Bill Murray in “Groundhog Day,” with the same issues being repeated over and over again? Or perhaps they remind you of the whack-a-mole game in which you whack one mole and a virtually identical one pops up somewhere else?

If so, there is an excellent reason.

We are repeatedly fighting the same issues over and over again. Issues defeated in one legislative session too frequently resurface in a subsequent session of the same body. And when we defeat an issue in one state it often pops up in another.

Currently there is state legislation pending on admissions taxes, film rental taxes, sales and use taxes, minimum wage, violent or sexually explicit video games and movies, child pornography, harmful-to-minors materials, child labor, obesity and camcorders. Sound familiar?

A few of these items are even “pre-filed” legislative pieces that lawmakers prepared while their states’ legislative sessions were adjourned, so it is already obvious that these same issues are going to be on agendas when many states convene their 2006 legislative calendars.

I used to have two big misconceptions about state legislation.

The first was that that once you were able to defeat a specific bill, its issue was over and done; you would never have to worry about seeing it crop up again. How wrong I was! Some recur quite frequently. Other issues, one suspects, may never be laid to rest.

My second big misconception was that most state legislative sessions are very short – and that at the very least all state lawmakers took the summer off – so there would be extended periods of time in which one did not have to pay attention to what was transpiring at the statehouses. This notion too was quickly dispelled as I became more involved with the state legislative process.

State legislative calendars are actually quite full and business is being conducted most days. Only a few have sessions shorter than six months. Most states have a session of six months or longer. There are seven states that are effectively in session year-round. (The good news, perhaps, is that six U.S. states convene regular sessions only every other year.)

But states can also convene special sessions, giving legislators extra time to conduct business. This year 26 states did so.

And, on top of that, lawmakers in 34 states have “pre-file” available, so they can be preparing and filing legislation well before their “official” sessions convene. As I write this in August, at least one state has already been pre-filing legislation for a session that won’t begin until next March!

The upshot? Though some states appear to have short sessions, the activities of state legislators seldom abate. Which means that those of us who monitor state legislative matters seldom get to let our guards down.
(Municipal legislation, meanwhile, is even more difficult to monitor, simply because thousands of municipalities are home to cinemas. Local initiatives are plentiful, especially in the tax arena, and we must greatly rely on cinema operators in each city and town to alert us when legislation adverse to exhibition rears its head.)

I know I speak for all my colleagues in the regional units when I implore cinema operators not to hesitate to call on us when they hear rumblings of any kind of local or regional legislation. Please don’t feel that you are “bothering” us. The earlier we learn of problem legislation, the easier it is to combat it, and we are glad to try to help. Because legislative issues have a tendency to spread, we are all helping one another everywhere if we can defeat onerous legislation anywhere.

And don’t be discouraged if someone introduces essentially the same piece of legislation the industry had to fight off last year. The good news is you’re seeing it again because it didn’t pass last year. With your help the result will hopefully be the same this year!

 

 

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