S T A T E O F N E W Y O R K
________________________________________________________________________
2269--A
2025-2026 Regular Sessions
I N S E N A T E
January 16, 2025
___________
Introduced by Sens. HOYLMAN-SIGAL, JACKSON, KRUEGER, MAY, SALAZAR, WEBB,
WEBER -- read twice and ordered printed, and when printed to be
committed to the Committee on Consumer Protection -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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:
Section 1. The general business law is amended by adding a new article
44-B to read as follows:
ARTICLE 44-B
OPEN CAPTIONING
SECTION 1450. DEFINITIONS.
1451. OPEN MOTION PICTURE CAPTIONING REQUIRED.
1452. VIOLATIONS.
1453. PREEMPTION.
§ 1450. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "MOTION PICTURE" MEANS A STORY OR EVENT RECORDED BY A CAMERA AS A
SET OF MOVING IMAGES.
2. "MOTION PICTURE THEATER" MEANS AN ENTITY IN THE BUSINESS OF PROVID-
ING SHOWINGS OF MOTION PICTURES TO THE GENERAL PUBLIC.
3. "OPEN MOTION PICTURE CAPTIONING" MEANS THE WRITTEN, ON-SCREEN
DISPLAY OF A MOTION PICTURE'S DIALOGUE AND NON-SPEECH INFORMATION,
INCLUDING MUSIC, THE IDENTITY OF THE CHARACTER WHO IS SPEAKING, AND
OTHER SOUNDS AND SOUND EFFECTS.
4. "PEAK MOTION PICTURE ATTENDANCE HOURS" MEANS THE HOURS BETWEEN FIVE
FIFTY-NINE IN THE EVENING AND ONE MINUTE PAST ELEVEN O'CLOCK IN THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02942-03-5
S. 2269--A 2
EVENING ON FRIDAY AND THE HOURS BETWEEN ELEVEN TWENTY-NINE IN THE MORN-
ING AND ONE MINUTE PAST ELEVEN O'CLOCK IN THE EVENING ON SATURDAY OR
SUNDAY.
§ 1451. OPEN MOTION PICTURE CAPTIONING REQUIRED. 1. A MOTION PICTURE
THEATER THAT OFFERS MORE THAN TEN MOTION PICTURE SHOWINGS PER WEEK SHALL
PROVIDE SCHEDULED SHOWINGS OF MOTION PICTURES WITH OPEN MOTION PICTURE
CAPTIONING FOR AT LEAST ONE QUARTER OF ALL SHOWINGS OF A MOTION PICTURE
WITH FOUR OR MORE SHOWINGS DURING A ONE-WEEK TIME PERIOD. PROVIDED THAT
NO MORE THAN FOUR OPEN CAPTIONING SHOWINGS OF A SINGLE MOTION PICTURE
SHALL BE REQUIRED IN A ONE-WEEK TIME PERIOD.
2. A MOTION PICTURE THAT IS PRODUCED AND DISTRIBUTED WITHOUT OPEN
MOTION PICTURE CAPTIONING IS NOT SUBJECT TO THE PROVISIONS OF SUBDIVI-
SION ONE OF THIS SECTION.
3. AT LEAST HALF OF THE SCHEDULED SHOWINGS REQUIRED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION SHALL BEGIN AND END WITHIN PEAK MOTION
PICTURE ATTENDANCE HOURS, UNLESS FEWER THAN ONE IN EIGHT SHOWINGS OF A
MOTION PICTURE IS SCREENED DURING PEAK MOTION PICTURE ATTENDANCE HOURS,
IN WHICH CASE THIS REQUIREMENT IS MET IF ALL SCREENINGS OF SUCH MOTION
PICTURE DURING PEAK MOTION PICTURE ATTENDANCE HOURS HAVE OPEN MOTION
PICTURE CAPTIONING.
4. AT LEAST HALF OF THE SCHEDULED SHOWINGS REQUIRED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION THAT ARE SCHEDULED OUTSIDE OF PEAK MOTION
PICTURE ATTENDANCE HOURS SHALL START AFTER FIVE FIFTY-NINE IN THE EVEN-
ING AND FINISH BEFORE ONE MINUTE PAST ELEVEN O'CLOCK IN THE EVENING ON
MONDAYS, TUESDAYS, WEDNESDAYS OR THURSDAYS, UNLESS FEWER THAN ONE IN
EIGHT SHOWINGS OF A MOTION PICTURE IS SCREENED AFTER FIVE FIFTY-NINE IN
THE EVENING ON MONDAYS, TUESDAYS, WEDNESDAYS OR THURSDAYS, IN WHICH CASE
THIS REQUIREMENT IS MET IF ALL SCREENINGS OF SUCH MOTION PICTURE DURING
SUCH TIMES HAVE OPEN MOTION PICTURE CAPTIONING.
5. NO SHOWING OF A MOTION PICTURE WITH OPEN MOTION PICTURE CAPTIONING
THAT OVERLAPS WITH ANOTHER SHOWING OF A MOTION PICTURE WITH OPEN MOTION
PICTURE CAPTIONING SHALL BE COUNTED TOWARD THE MINIMUM NUMBER OF SHOW-
INGS REQUIRED BY THIS SECTION EXCEPT WHERE IT IS NOT PRACTICABLE TO
AVOID SUCH OVERLAP.
6. NOTHING IN THIS ARTICLE SHALL PREVENT A MOTION PICTURE THEATER FROM
SHOWING MORE MOTION PICTURES WITH OPEN CAPTIONING THAN REQUIRED BY
SUBDIVISION ONE OF THIS SECTION.
7. A MOTION PICTURE THEATER SUBJECT TO THE PROVISIONS OF SUBDIVISION
ONE OF THIS SECTION SHALL ADVERTISE THE DATE AND TIME OF MOTION PICTURE
SHOWINGS REQUIRED BY SUBDIVISION ONE IN THE SAME MANNER AS THE MOTION
PICTURE THEATER ADVERTISES ALL OTHER MOTION PICTURE SHOWINGS AND SHALL
INDICATE WHICH SHOWINGS WILL INCLUDE OPEN MOTION PICTURE CAPTIONING.
8. EVERY MOTION PICTURE THEATER SHALL MAINTAIN DOCUMENTS SUFFICIENT TO
DEMONSTRATE COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE FOR A PERI-
OD OF AT LEAST THREE YEARS.
§ 1452. VIOLATIONS. ANY MOTION PICTURE THEATER THAT VIOLATES ANY OF
THE PROVISIONS OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY OF UP
TO ONE HUNDRED DOLLARS FOR THE FIRST VIOLATION, AND UP TO FIVE HUNDRED
DOLLARS FOR EACH SUBSEQUENT VIOLATION.
§ 1453. PREEMPTION. THE PROVISIONS OF THIS ARTICLE ARE CUMULATIVE AND
SUPPLEMENTAL AND SHALL NOT APPLY WITHIN ANY MUNICIPALITY THAT, BY ORDI-
NANCE OR RESOLUTION, HAS ADOPTED PROVISIONS REQUIRING SCHEDULED SHOWINGS
OF MOTION PICTURES WITH OPEN MOTION PICTURE CAPTIONING THAT ARE EQUAL TO
OR MORE STRINGENT THAN THE PROVISIONS OF THIS ARTICLE.
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.