PRINTER'S NO. 717
No. 673 Session of 1989
INTRODUCED BY WILLIAMS, MUSTO, PORTERFIELD, DAWIDA, REIBMAN AND
AFFLERBACH, MARCH 13, 1989
REFERRED TO JUDICIARY, MARCH 13, 1989
AN ACT
1 Amending the act of February 29, 1980 (P.L.40, No.14), entitled
2 "An act regulating the practices of feature motion picture
3 exhibitors and distributors or licensors and providing
4 remedies for violations and penalties," further providing for
5 actions against distributors and exhibitors.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 10 of the act of February 29, 1980
9 (P.L.40, No.14), known as the Feature Motion Picture Fair
10 Business Practices Law, is amended to read:
11 Section 10. Actions against distributors and exhibitors.
12 (a) Private action.--Any exhibitor may bring an action
13 against a distributor or exhibitor or both in the respective
14 court of common pleas wherein the exhibitor's business is
15 located to recover damages sustained by reason of a willful and
16 intentional violation of this act and, where appropriate, shall
17 be entitled to injunctive relief. Such exhibitor, if successful,
18 shall also be awarded the costs of the action including, but not
19 limited to, reasonable attorneys' fees.
1 (b) Action by Commonwealth.--Enforcement of the provisions
2 of this act shall be the responsibility of the Attorney General
3 or the district attorneys of each judicial district. The
4 Attorney General or the respective district attorneys may bring
5 actions to enjoin violations. Each violation of this act shall
6 be subject to a civil penalty of $1,000. A court, in addition to
7 other remedies provided in this act, may direct the payment of
8 restitution to a person damaged by a violation. The Attorney
9 General or the respective district attorneys, if successful,
10 shall also be awarded the costs of the action, including, but
11 not limited to, reasonable attorneys' fees.
12 Section 2. This act shall take effect in 60 days.
A25L12CHF/19890S0673B0717 - 2 -