Bill Text: NY A09947 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires a motion picture theater that offers more than ten motion picture showings per week to provide scheduled showings of motion pictures with open motion picture captioning such that at least one quarter of all showings of a motion picture with four or more showings during a one-week time period shall have open motion picture captioning; provides exceptions and penalties for violations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-26 - referred to consumer affairs and protection [A09947 Detail]

Download: New_York-2023-A09947-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9947

                   IN ASSEMBLY

                                     April 26, 2024
                                       ___________

        Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
          Committee on Consumer Affairs and Protection

        AN ACT to amend the general  business  law,  in  relation  to  requiring
          certain  motion  picture  theaters  to  provide  scheduled showings of
          motion pictures with open motion picture captioning

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new article
     2  45 to read as follows:

     3                                 ARTICLE 45
     4                               OPEN CAPTIONING
     5  Section 1450. Definitions.
     6          1451. Open motion picture captioning required.
     7          1452. Violations.
     8          1453. Preemption.
     9          1454. Enforcement of this article.
    10    § 1450. Definitions.  For  the purposes of this article, the following
    11  terms shall have the following meanings:
    12    1. "Motion picture" means a story or event recorded by a camera  as  a
    13  set of moving images.
    14    2. "Motion picture theater" means an entity in the business of provid-
    15  ing showings of motion pictures to the general public.
    16    3.  "Open  motion  picture  captioning"  means  the written, on-screen
    17  display of a  motion  picture's  dialogue  and  non-speech  information,
    18  including  music,  the  identity  of  the character who is speaking, and
    19  other sounds and sound effects.
    20    4. "Peak motion picture attendance hours" means the hours between five
    21  fifty-nine in the evening and one minute  past  eleven  o'clock  in  the
    22  evening  on Friday and the hours between eleven twenty-nine in the morn-
    23  ing and one minute past eleven o'clock in the  evening  on  Saturday  or
    24  Sunday.
    25    § 1451. Open  motion  picture captioning required. 1. A motion picture
    26  theater that offers more than ten motion picture showings per week shall

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14891-02-4
        A. 9947                             2

     1  provide scheduled showings of motion pictures with open  motion  picture
     2  captioning  such  that  at least one quarter of all showings of a motion
     3  picture with four or more showings during a one-week time  period  shall
     4  have  open motion picture captioning, except that no more than four open
     5  captioning showings of a single motion picture shall be  required  in  a
     6  one-week time period.
     7    2.  A  motion  picture  that  is produced and distributed without open
     8  motion picture captioning is not subject to the provisions  of  subdivi-
     9  sion one of this section.
    10    3. At least half of the scheduled showings required pursuant to subdi-
    11  vision  one  of  this  section  shall  begin  and end within peak motion
    12  picture attendance hours, unless fewer than one in eight showings  of  a
    13  motion  picture is screened during peak motion picture attendance hours,
    14  in which case this requirement is met if all screenings of  such  motion
    15  picture  during  peak  motion  picture attendance hours have open motion
    16  picture captioning.
    17    4. At least half of the scheduled showings required pursuant to subdi-
    18  vision one of this section that are scheduled  outside  of  peak  motion
    19  picture  attendance hours shall start after five fifty-nine in the even-
    20  ing and finish before one minute past eleven o'clock in the  evening  on
    21  Mondays,  Tuesdays,  Wednesdays  or  Thursdays, unless fewer than one in
    22  eight showings of a motion picture is screened after five fifty-nine  in
    23  the evening on Mondays, Tuesdays, Wednesdays or Thursdays, in which case
    24  this  requirement is met if all screenings of such motion picture during
    25  such times have open motion picture captioning.
    26    5. No showing of a motion picture with open motion picture  captioning
    27  that  overlaps with another showing of a motion picture with open motion
    28  picture captioning shall be counted toward the minimum number  of  show-
    29  ings  required  by  this  section  except where it is not practicable to
    30  avoid such overlap.
    31    6. Nothing in this article shall prevent a motion picture theater from
    32  showing more motion pictures  with  open  captioning  than  required  by
    33  subdivision one of this section.
    34    7.  A  motion picture theater subject to the provisions of subdivision
    35  one of this section shall advertise the date and time of motion  picture
    36  showings  required  by  subdivision one in the same manner as the motion
    37  picture theater advertises all other motion picture showings  and  shall
    38  indicate which showings will include open motion picture captioning.
    39    8. Every motion picture theater shall maintain documents sufficient to
    40  demonstrate compliance with the requirements of this article for a peri-
    41  od of at least three years.
    42    § 1452. Violations.  Any  motion  picture theater that violates any of
    43  the provisions of this article shall be subject to a  civil  penalty  of
    44  not less than one hundred dollars nor more than five hundred dollars for
    45  each violation.
    46    § 1453. Preemption.  The provisions of this article are cumulative and
    47  supplemental and shall not apply within any municipality that, by  ordi-
    48  nance or resolution, has adopted provisions requiring scheduled showings
    49  of motion pictures with open motion picture captioning that are equal to
    50  or more stringent than the provisions of this article.
    51    § 1454. Enforcement  of  this  article.  In the exercise of any of the
    52  powers and duties conferred by law, a governing body of  a  municipality
    53  of the state may enforce the provisions of this article.
    54    § 2. This act shall take effect on the one hundred twentieth day after
    55  it shall have become a law.