HOUSE BILL No. 5208

 

September 21, 2005, Introduced by Rep. Huizenga and referred to the Committee on Tax Policy.

 

     A bill to amend 1975 PA 228, entitled

 

"Single business tax act,"

 

(MCL 208.1 to 208.145) by adding section 35e.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 35e. As used in section 35d:

 

     (a) "Motion picture" means a feature-length film distributed

 

in 2 or more states that is a production for which records are not

 

required to be maintained with respect to any performer in the

 

production under 18 USC 2257, or television series made in this

 

state in whole or in part for theatrical or television viewing or

 

as a television pilot. Motion picture does not include production

 

of television coverage of news and sporting events.

 

     (b) "Motion picture production company" means a company in the

 

business of producing motion pictures. However, motion picture

 

production company does not include a company owned, affiliated, or

 


controlled, in whole or in part, by a company or individual that is

 

in default on a loan made by the state or a loan guaranteed by the

 

state.

 

     (c) "Obscene matter or an obscene performance" means matter or

 

a performance that meets all of the following conditions:

 

     (i) The average person, applying contemporary community

 

standards, finds that the dominant theme of the matter or

 

performance, taken as a whole, appeals to the prurient interest in

 

sex.

 

     (ii) The matter or performance depicts or describes, in a

 

patently offensive way, sexual conduct.

 

     (iii) The matter or performance, taken as a whole, lacks serious

 

literary, artistic, political, or scientific value.

 

          Enacting section 1.  This amendatory act does not take

 

effect unless Senate Bill No.____ or House Bill No. 5206(request

 

no. 00228'05 *) of the 93rd Legislature is enacted into law.