STAND. COM. REP. NO. 5

Honolulu, Hawaii

, 2005

RE: H.B. No. 164

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Consumer Protection and Commerce, to which was referred H.B. No. 164 entitled:

"A BILL FOR AN ACT RELATING TO UNAUTHORIZED MOTION PICTURE RECORDING,"

begs leave to report as follows:

The purpose of this bill is to prohibit the use of audiovisual recording devices in a movie theater without the prior consent of the motion picture theater owner while a motion picture is being exhibited.

Testimony in support of this bill was received from the Motion Picture Association of America.

Your Committee finds that unauthorized operation of audiovisual recording devices to pirate motion pictures is a huge and growing illicit, underground industry that afflicts the legitimate movie industry.

This bill proposes to:

(1) Prohibit the unauthorized use of an audiovisual recording device in a movie theater while a motion picture is being shown;

(2) Classify the unauthorized use of an audiovisual recording device in a movie theater as a misdemeanor;

(3) Protect an authorized person from civil liability when taking reasonable action to detain an unauthorized user of an audiovisual recording device in a movie theater, while awaiting the arrival of law enforcement officers; and

(4) Make an exception for legitimate uses of audiovisual recording devices for a lawfully authorized investigative, protective, law enforcement, or intelligence-gathering employee or agent of the local, state, or federal government.

As affirmed by the record of votes of the members of your Committee on Consumer Protection and Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 164 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Consumer Protection and Commerce,

 

____________________________

KENNETH HIRAKI, Chair