Regular Session 2019-2020 House Bill 1180 P.N. 1366

PRINTER'S NO. 1366

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1180

Session of

2019

INTRODUCED BY FRITZ, DUNBAR, PICKETT, MILLARD, TOOHIL, JAMES,

PYLE, OBERLANDER, BERNSTINE, KEEFER AND MACKENZIE,

APRIL 10, 2019

REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 10, 2019

AN ACT

Repealing the act of July 2, 1935 (P.L.599, No.211), entitled

"An act relating to motion picture exhibitions and sound

motion picture exhibitions, together with orchestral or other

instrumental musical or mechanical musical accompaniment,

prelude, playing, or selection in connection with or

incidental thereto on Sunday; prohibiting motion picture

exhibitions and sound motion picture exhibitions, and

orchestral or other instrumental musical or mechanical

musical accompaniment, prelude, playing, or selection

incidental thereto on Sunday during certain hours, and also

during other hours, unless the electors of a municipality

approve thereof; regulating the employment of persons in

conducting such exhibitions on Sunday; providing for

referendums to ascertain the will of the electors; and

providing penalties; and repealing inconsistent laws."

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of July 2, 1935 (P.L.599, No.211),

referred to as the Sunday Motion Pictures Act, is repealed:

[AN ACT

Relating to motion picture exhibitions and sound motion picture

exhibitions, together with orchestral or other instrumental

musical or mechanical musical accompaniment, prelude,

playing, or selection in connection with or incidental

thereto on Sunday; prohibiting motion picture exhibitions and

sound motion picture exhibitions, and orchestral or other

instrumental musical or mechanical musical accompaniment,

prelude, playing, or selection incidental thereto on Sunday

during certain hours, and also during other hours, unless the

electors of a municipality approve thereof; regulating the

employment of persons in conducting such exhibitions on

Sunday; providing for referendums to ascertain the will of

the electors; and providing penalties; and repealing

inconsistent laws.

TABLE OF CONTENTS

Section 1. Municipality Defined.

Section 2. Penalty for Unlawful Motion Picture Exhibitions on

Sunday.

Section 3. Referendum; Statement of Questions on Ballots.

Section 4. Returns and Computation of Votes.

Section 5. Further Referendums.

Section 6. Intent of Act.

Section 6.1. Non-applicability of Act.

Section 7. No heading.

Section 8. Constitutionality.

Section 9. Repeal.

Section 10. Effective Date.

Section 1. Be it enacted, etc., That--Municipality

Defined.--The word "municipality," as used in this act, shall be

construed to mean and include any city, borough, town, or

township of this Commonwealth.

Motion Picture Exhibitions Defined.--The words "motion

picture exhibitions," as used in this act, shall be construed to

mean any motion picture exhibitions or showings and sound motion

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picture exhibitions or showings, together with any orchestral or

other instrumental musical or mechanical accompaniment, prelude,

playing, or selection in connection therewith or incidental

thereto.

Two O'clock Postmeridian Defined.--The words "two o'clock

postmeridian," as used in this act, shall be construed to mean

"two" o'clock postmeridian eastern standard time, except during

the period commencing the last Sunday in April and ending the

last Saturday in September inclusive, when such words shall be

construed to mean two o'clock postmeridian eastern daylight

saving time provided that eastern daylight saving time is the

customary time in common use in such municipality during such

period.

Section 2. Penalty for Unlawful Motion Picture Exhibitions

on Sunday.--It shall be unlawful for any person, copartnership,

association or corporation to conduct, stage, manage, operate or

engage in any motion picture exhibition, regardless of whether a

charge of admission is made or whether labor or business is

necessary to conduct, stage, manage or operate the same, on the

first day of the week, commonly called Sunday, before the hour

of "two" o'clock postmeridian.

It shall be unlawful for any person, copartnership,

association or corporation to conduct, stage, manage, operate or

engage in any motion picture exhibitions, regardless of whether

a charge of admission thereto or incidental thereto is made or

whether labor or business is necessary to conduct, stage, manage

or operate the same, on the first day of the week, commonly

called Sunday, after the hour of two o'clock postmeridian,

unless the voters of the municipality have first voted in favor

of motion picture exhibitions and sound motion picture

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exhibitions on Sunday as hereinafter provided, and in no case

shall a person be employed as a projectionist or operator of

motion pictures on Sunday or in or about motion picture

exhibitions, unless he or she shall have had twenty-four

consecutive hours of rest during the preceding six week days.

Any person, copartnership, association or corporation

violating any of the provisions of this section shall, upon

conviction thereof in a summary proceeding, be sentenced to pay

a fine of fifty dollars ($50.00), and in default of the payment

of such fine and costs of prosecution, such person or any member

or agent of any copartnership or association, or any officer or

agent of any corporation, responsible for such violation, shall

be imprisoned for a period of not more than ten (10) days.

Section 3. Referendum; Statement of Question on Ballots.--At

the municipal election in the year one thousand nine hundred and

thirty-five (1935), there shall be submitted, in the manner

provided by the election laws of the Commonwealth, upon petition

to the county commissioners by the city or borough council or by

the township commissioners or supervisors, or upon petition to

county commissioners by electors equal to at least five per

centum (5%) of the highest vote cast for any candidate in the

municipality at the last preceding general election, a question

to determine the will of the electors of each municipality in

this Commonwealth, so petitioning, with respect to motion

picture exhibitions. Such question shall be in the following

form:

Do you favor the conducting,

staging, operating and exhibiting

of motion pictures, regardless of

whether an admission charge is

YES

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made or incidental thereto or

whether labor or business is

necessary to conduct, stage,

operate or exhibit the same after

two o'clock postmeridian, on

Sunday?

The said question shall be printed on separate official

ballots, in bound form, by the county commissioners of each

county, and sufficient number of ballots shall be furnished to

the election officers in each election district of each

municipality so that one ballot may be supplied to each voter at

such election. In districts where voting machines are used, such

question shall appear on the face of the machine where the

machine is properly equipped for such purposes.

Section 4. Returns and Computation of Votes.--The votes cast

on such question shall be counted by the election officers and

returns thereof made by them, and by election officers where

voting machines are used, to the prothonotary of the county, who

shall lay the same before the return board for computation at

the same time and in the same manner as other returns. Such

election shall be governed by the election laws of the

Commonwealth, and all penalties provided by said laws shall

apply to such elections. The return board shall compute the said

returns by municipalities, and certify the results of the vote

cast on the question to the acting chief executive officer of

each municipality affected.

If at the election in the year one thousand nine hundred and

thirty-five (1935), where any such election was held as herein

provided, a majority of the electors in any municipality voting

at said election vote in favor of motion picture exhibitions on

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Sunday after the hour of two o'clock postmeridian, then upon the

certification of such election return to the acting chief

executive officer of such municipality, as is provided in this

section, it shall thereafter be lawful to conduct, stage,

manage, operate or engage in motion picture exhibitions from and

after the hour of two o'clock postmeridian, on Sunday.

The right to conduct, stage, manage, operate or engage in

such motion picture exhibitions shall be subject only to those

rules and regulations which govern motion picture exhibitions on

days of the week other than Sunday.

If the vote of the electors in the municipality was not in

favor of motion picture exhibitions or if no such election was

held, then it shall be unlawful to conduct, stage, manage,

operate or engage in such motion picture exhibitions to which an

admission charge is made or is incidental, after two o'clock

postmeridian, on Sunday.

Section 5. Further Referendums.--In any municipality the

will of the electors with respect to the conducting, staging,

and exhibiting of motion pictures and sound motion pictures on

Sunday may, after the year one thousand nine hundred and thirty-

five (1935), but not oftener than once in four years, be

ascertained, and the question, as provided in section 3 of this

act, shall be submitted to the electors of any municipality at

any municipal election upon demand in writing of petitioners

equal to at least twenty per centum (20%) of the highest vote

cast for any candidates in the municipality at the last

preceding general or municipal election. Such petition shall be

filed with the corporate authorities at least sixty (60) days

before the day of any municipal election at which the question

is to be submitted, and, if the petition is signed by the

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requisite number of petitioners, it shall thereupon be certified

to the county commissioners, who shall cause such question to be

submitted in the same manner as is provided in this act for the

election in the year one thousand nine hundred and thirty-five

(1935).

If a majority of the voters, in any municipality in which

motion picture exhibitions are permitted from and after two

o'clock postmeridian on Sunday to which an admission charge is

made or is incidental, are not in favor of the continuance of

such exhibitions, then upon the certification of such election

return to the acting chief executive officer of such

municipality, as is provided in section four of this act, it

shall thereafter be unlawful to conduct, stage, manage, operate

or engage in such exhibitions after two o'clock postmeridian, on

Sunday; but if a majority of the electors in any such

municipality which has not heretofore permitted such motion

picture exhibitions after two o'clock postmeridian, on Sunday,

or which has not theretofore voted on such question are in favor

of such exhibitions, then upon the certification of such fact to

the acting chief executive officer of such municipality, as is

provided in section 4 of this act, such exhibitions shall

thereafter be lawful.

Section 6. Intent of Act.--It is the intent of this act to

provide a method whereby the will of the electors of each

municipality with respect to motion picture exhibitions,

together with orchestral or other instrumental musical or

mechanical musical accompaniment, prelude, playing or selection

in connection with or incidental thereto after two o'clock

postmeridian on Sunday may be ascertained.

Section 6.1. Non-applicability of Act.--The provisions of

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this act shall in no way prohibit the exhibition of religious

motion pictures by churches at any time: Provided, however, That

the said motion pictures shall be exhibited within church

property; And provided further, That no admission charge shall

be made.

Section 7. It shall be unlawful at any motion picture

exhibition conducted or operated, under the provisions of this

act, to provide for any form of entertainment, except the

exhibition of motion pictures and sound motion pictures and any

orchestral or other instrumental musical or mechanical musical

accompaniment, prelude, playing or selection in connection with

or incidental thereto, and any person or any member or agent of

any copartnership or association, or any member or officer of

any corporation who shall provide or furnish or assist in

providing or furnishing any other form of entertainment in such

motion picture exhibitions shall be guilty of a misdemeanor, and

in the proper court shall be punished by a fine of one hundred

dollars ($100.00). Each Sunday's providing, furnishing,

conducting, staging, managing, operating or engaging in

furnishing any form of entertainment, forbidden under this act,

shall constitute a separate offense hereunder.

Section 8. Constitutionality.--The provisions of this act

are severable, and if any of the provisions hereof are held to

be unconstitutional, the decision shall not be construed to

impair any other provision of this act. It is hereby declared as

the legislative intent that this act would have been adopted had

such unconstitutional provision not been included herein.

Section 9. Repeal.--Section one of the act, approved the

twenty-second day of April, one thousand seven hundred and

ninety-four (Three Smiths Laws, one hundred seventy-seven),

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entitled "An act for the prevention of vice and immorality and

of unlawful gaming, and to restrain disorderly sports and

dissipation," be, and the same is hereby, repealed in so far as

it prohibits motion picture exhibitions and any orchestral or

other instrumental musical or mechanical musical accompaniment,

prelude, playing or selection in connection with or incidental

thereto. All acts and parts of acts inconsistent herewith be,

and the same are hereby, repealed.

Section 10. Effective Date.--This act shall be effective

immediately upon final enactment.]

Section 2. This act shall take effect in 60 days.

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