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A4230
ASSEMBLY, No. 4230
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 19, 2026
Sponsored by:
Assemblywoman� CAROL A. MURPHY
District 7 (Burlington)
SYNOPSIS
���� Requires movie theaters to provide effective
communication devices for individuals with visual or hearing impairment;
expands protections under "Law Against Discrimination."
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
requiring movie theaters to provide effective communication devices for
individuals with a visual or hearing impairment, and amending and supplementing
P.L.1945, c.169.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 5 of P.L.1945,
c.169 (C.10:5-5) is amended to read as follows:
���� 5.��� As used in P.L.1945,
c.169 (C.10:5-1 et seq.), unless a different meaning clearly appears from the
context:
���� a.���� "Person"
includes one or more individuals, partnerships, associations, organizations,
labor organizations, corporations, legal representatives, trustees, trustees in
bankruptcy, receivers, and fiduciaries.
���� b.��� "Employment
agency" includes any person undertaking to procure employees or
opportunities for others to work.
���� c.���� "Labor
organization" includes any organization which exists and is constituted
for the purpose, in whole or in part, of collective bargaining, or of dealing
with employers concerning grievances, terms or conditions of employment, or of
other mutual aid or protection in connection with employment.
���� d.��� "Unlawful
employment practice" and "unlawful discrimination" include only
those unlawful practices and acts specified in section 11 of P.L.1945, c.169
(C.10:5-12).
���� e.���� "Employer"
includes all persons as defined in subsection a. of this section and
"hiring entities" as defined by section 2 of P.L.2023, c.262
(C.34:11-70), unless otherwise specifically exempt under another section of
P.L.1945, c.169 (C.10:5-1 et seq.), and includes the State, any political or
civil subdivision thereof, and all public officers, agencies, boards, or
bodies.
���� f.���� (Deleted by amendment,
P.L.2023, c.262)
���� g.��� "Liability for
service in the Armed Forces of the United States" means subject to being
ordered as an individual or member of an organized unit into active service in
the Armed Forces of the United States by reason of membership in the National
Guard, naval militia or a reserve component of the Armed Forces of the United
States, or subject to being inducted into such armed forces through a system of
national selective service.
���� h.��� "Division"
means the "Division on Civil Rights" created by P.L.1945, c.169
(C.10:5-1 et seq.).
���� i.���� "Attorney
General" means the Attorney General of the State of New Jersey or the
Attorney General's representative or designee.
���� j.���� "Commission"
means the Commission on Civil Rights created by P.L.1945, c.169 (C.10:5-1 et
seq.).
���� k.��� "Director"
means the Director of the Division on Civil Rights.
���� l.���� "A place of public
accommodation" shall include, but not be limited to:� any tavern,
roadhouse, hotel, motel, trailer camp, summer camp, day camp, or resort camp,
whether for entertainment of transient guests or accommodation of those seeking
health, recreation, or rest; any producer, manufacturer, wholesaler,
distributor, retail shop, store, establishment, or concession dealing with
goods or services of any kind; any restaurant, eating house, or place where
food is sold for consumption on the premises; any place maintained for the sale
of ice cream, ice and fruit preparations or their derivatives, soda water or
confections, or where any beverages of any kind are retailed for consumption on
the premises; any garage, any public conveyance operated on land or water or in
the air or any stations and terminals thereof; any bathhouse, boardwalk, or
seashore accommodation; any auditorium, meeting place, or hall; any theatre,
movie
theater,
motion-picture house, music hall, roof garden, skating rink,
swimming pool, amusement and recreation park, fair, bowling alley, gymnasium,
shooting gallery, billiard and pool parlor, or other place of amusement; any
comfort station; any dispensary, clinic, or hospital; any public library; and
any kindergarten, primary and secondary school, trade or business school, high
school, academy, college and university, or any educational institution under
the supervision of the State Board of Education or the Commissioner of
Education of the State of New Jersey.� Nothing herein contained shall be
construed to include or to apply to any institution, bona fide club, or place
of accommodation, which is in its nature distinctly private; nor shall anything
herein contained apply to any educational facility operated or maintained by a
bona fide religious or sectarian institution, and the right of a natural parent
or one in loco parentis to direct the education and upbringing of a child under
his control is hereby affirmed; nor shall anything herein contained be
construed to bar any private secondary or post-secondary school from using in
good faith criteria other than race, creed, color, national origin, ancestry,
gender identity, or expression or affectional or sexual orientation in the
admission of students.
���� m.�� "A publicly assisted
housing accommodation" shall include all housing built with public funds
or public assistance pursuant to P.L.1949, c.300, P.L.1941, c.213, P.L.1944,
c.169, P.L.1949, c.303, P.L.1938, c.19, P.L.1938, c.20, P.L.1946, c.52, and
P.L.1949, c.184, and all housing financed in whole or in part by a loan,
whether or not secured by a mortgage, the repayment of which is guaranteed or
insured by the federal government or any agency thereof.
���� n.��� The term "real
property" includes real estate, lands, tenements and hereditaments,
corporeal and incorporeal, and leaseholds, provided, however, that, except as
to publicly assisted housing accommodations, the provisions of this act shall
not apply to the rental:� (1) of a single apartment or flat in a two-family
dwelling, the other occupancy unit of which is occupied by the owner as a
residence; or (2) of a room or rooms to another person or persons by the owner
or occupant of a one-family dwelling occupied by the owner or occupant as a
residence at the time of such rental.� Nothing herein contained shall be
construed to bar any religious or denominational institution or organization,
or any organization operated for charitable or educational purposes, which is
operated, supervised, or controlled by or in connection with a religious
organization, in the sale, lease, or rental of real property, from limiting
admission to or giving preference to persons of the same religion or
denomination or from making such selection as is calculated by such
organization to promote the religious principles for which it is established or
maintained.� Nor does any provision under this act regarding discrimination on
the basis of familial status apply with respect to housing for older persons.
���� o.��� "Real estate
broker" includes a person, firm, or corporation who, for a fee,
commission, or other valuable consideration, or by reason of promise or
reasonable expectation thereof, lists for sale, sells, exchanges, buys or
rents, or offers or attempts to negotiate a sale, exchange, purchase, or rental
of real estate or an interest therein, or collects or offers or attempts to
collect rent for the use of real estate, or solicits for prospective purchasers
or assists or directs in the procuring of prospects or the negotiation or
closing of any transaction which does or is contemplated to result in the sale,
exchange, leasing, renting, or auctioning of any real estate, or negotiates, or
offers or attempts or agrees to negotiate a loan secured or to be secured by
mortgage or other encumbrance upon or transfer of any real estate for others;
or any person who, for pecuniary gain or expectation of pecuniary gain conducts
a public or private competitive sale of lands or any interest in lands.� In the
sale of lots, the term "real estate broker" shall also include any
person, partnership, association, or corporation employed by or on behalf of
the owner or owners of lots or other parcels of real estate, at a stated
salary, or upon a commission, or upon a salary and commission or otherwise, to
sell such real estate, or any parts thereof, in lots or other parcels, and who
shall sell or exchange, or offer or attempt or agree to negotiate the sale or
exchange, of any such lot or parcel of real estate.
���� p.��� "Real estate
salesperson" includes any person who, for compensation, valuable
consideration or commission, or other thing of value, or by reason of a promise
or reasonable expectation thereof, is employed by and operates under the
supervision of a licensed real estate broker to sell or offer to sell, buy or
offer to buy or negotiate the purchase, sale, or exchange of real estate, or
offers or attempts to negotiate a loan secured or to be secured by a mortgage
or other encumbrance upon or transfer of real estate, or to lease or rent, or
offer to lease or rent any real estate for others, or to collect rents for the
use of real estate, or to solicit for prospective purchasers or lessees of real
estate, or who is employed by a licensed real estate broker to sell or offer to
sell lots or other parcels of real estate, at a stated salary, or upon a
commission, or upon a salary and commission, or otherwise to sell real estate,
or any parts thereof, in lots or other parcels.
���� q.��� "Disability"
means physical or sensory disability, infirmity, malformation, or disfigurement
which is caused by bodily injury, birth defect, or illness including epilepsy
and other seizure disorders, and which shall include, but not be limited to,
any degree of paralysis, amputation, lack of physical coordination, blindness
or visual impairment, deafness or hearing impairment, muteness or speech
impairment, or physical reliance on a service or guide dog, wheelchair, or
other remedial appliance or device, or any mental, psychological, or
developmental disability, including autism spectrum disorders, resulting from
anatomical, psychological, physiological, or neurological conditions which
prevents the typical exercise of any bodily or mental functions or is
demonstrable, medically or psychologically, by accepted clinical or laboratory
diagnostic techniques.� Disability shall also mean AIDS or HIV infection.
���� r.���� "Blind
person" or "person who is blind" means any individual whose
central visual acuity does not exceed 20/200 in the better eye with correcting
lens or whose visual acuity is better than 20/200 if accompanied by a limit to
the field of vision in the better eye to such a degree that its widest diameter
subtends an angle of no greater than 20 degrees.
���� s.���� "Guide dog"
means a dog used to assist persons who are deaf, or which is fitted with a
special harness so as to be suitable as an aid to the mobility of a person who
is blind, and is used by a person who is blind and has satisfactorily completed
a specific course of training in the use of such a dog, and has been trained by
an organization generally recognized by agencies involved in the rehabilitation
of persons with disabilities, including, but not limited to, those persons who
are blind or deaf, as reputable and competent to provide dogs with training of
this type.
���� t.���� "Guide or service
dog trainer" means any person who is employed by an organization generally
recognized by agencies involved in the rehabilitation of persons with
disabilities, including, but not limited to, those persons who are blind, have
visual impairments, or are deaf or have hearing impairments, as reputable and
competent to provide dogs with training, as defined in this section, and who is
actually involved in the training process.
���� u.��� "Housing
accommodation" means any publicly assisted housing accommodation or any
real property, or portion thereof, which is used or occupied, or is intended,
arranged, or designed to be used or occupied, as the home, residence, or
sleeping place of one or more persons, but shall not include any single family
residence the occupants of which rent, lease, or furnish for compensation not
more than one room therein.
���� v.��� "Public
facility" means any place of public accommodation and any street, highway,
sidewalk, walkway, public building, and any other place or structure to which
the general public is regularly, normally, or customarily permitted or invited.
���� w.�� "Deaf person"
or "person who is deaf" means any person whose hearing is so severely
impaired that the person is unable to hear and understand conversational speech
through the unaided ear alone, and who must depend primarily on an assistive
listening device or visual communication such as writing, lip reading, sign
language, and gestures.
���� x.��� "Atypical
hereditary cellular or blood trait" means sickle cell trait, hemoglobin C
trait, thalassemia trait, Tay-Sachs trait, or cystic fibrosis trait.
���� y.��� "Sickle cell
trait" means the condition wherein the major natural hemoglobin components
present in the blood of the individual are hemoglobin A (normal) and hemoglobin
S (sickle hemoglobin) as defined by standard chemical and physical analytic techniques,
including electrophoresis; and the proportion of hemoglobin A is greater than
the proportion of hemoglobin S or one natural parent of the individual is shown
to have only normal hemoglobin components (hemoglobin A, hemoglobin A2,
hemoglobin F) in the normal proportions by standard chemical and physical
analytic tests.
���� z.���� "Hemoglobin C
trait" means the condition wherein the major natural hemoglobin components
present in the blood of the individual are hemoglobin A (normal) and hemoglobin
C as defined by standard chemical and physical analytic techniques, including
electrophoresis; and the proportion of hemoglobin A is greater than the
proportion of hemoglobin C or one natural parent of the individual is shown to
have only normal hemoglobin components (hemoglobin A, hemoglobin A2, hemoglobin
F) in normal proportions by standard chemical and physical analytic tests.
���� aa.�� "Thalassemia
trait" means the presence of the thalassemia gene which in combination
with another similar gene results in the chronic hereditary disease Cooley's
anemia.
���� bb.� "Tay-Sachs
trait" means the presence of the Tay-Sachs gene which in combination with
another similar gene results in the chronic hereditary disease Tay-Sachs.
���� cc.�� "Cystic fibrosis
trait" means the presence of the cystic fibrosis gene which in combination
with another similar gene results in the chronic hereditary disease cystic
fibrosis.
���� dd.� "Service dog"
means any dog individually trained to the requirements of a person with a
disability including, but not limited to minimal protection work, rescue work,
pulling a wheelchair or retrieving dropped items.� This term shall include a "seizure
dog" trained to alert or otherwise assist persons with epilepsy or other
seizure disorders.
���� ee.�� "Qualified Medicaid
applicant" means an individual who is a qualified applicant pursuant to
P.L.1968, c.413 (C.30:4D-1 et seq.).
���� ff.�� "AIDS" means
acquired immune deficiency syndrome as defined by the Centers for Disease
Control and Prevention of the United States Public Health Service.
���� gg.� "HIV infection"
means infection with the human immunodeficiency virus or any other related
virus identified as a probable causative agent of AIDS.
���� hh.� "Affectional or
sexual orientation" means male or female heterosexuality, homosexuality,
or bisexuality by inclination, practice, identity, or expression, having a
history thereof or being perceived, presumed, or identified by others as having
such an orientation.
���� ii.��� "Heterosexuality"
means affectional, emotional, or physical attraction or behavior which is
primarily directed towards persons of the other gender.
���� jj.��� "Homosexuality"
means affectional, emotional, or physical attraction or behavior which is
primarily directed towards persons of the same gender.
���� kk.� "Bisexuality"
means affectional, emotional, or physical attraction or behavior which is
directed towards persons of multiple genders.
���� ll.��� "Familial
status" means being the natural parent of a child, the adoptive parent of
a child, the resource family parent of a child, having a "parent and child
relationship" with a child as defined by State law, or having sole or
joint legal or physical custody, care, guardianship, or visitation with a
child, or any person who is pregnant or is in the process of securing legal
custody of any individual who has not attained the age of 18 years.
���� mm.� "Housing for older
persons" means housing:
���� (1)�� provided under any State
program that the Attorney General determines is specifically designed and
operated to assist persons who are elderly (as defined in the State program);
or provided under any federal program that the United States Department of Housing
and Urban Development determines is specifically designed and operated to
assist persons who are elderly (as defined in the federal program); or
���� (2)�� intended for, and solely
occupied by, persons 62 years of age or older; or
���� (3)�� intended and operated
for occupancy by at least one person 55 years of age or older per unit.� In
determining whether housing qualifies as housing for older persons under this
paragraph, the Attorney General shall adopt regulations which require at least
the following factors:
���� (a)�� the existence of
significant facilities and services specifically designed to meet the physical
or social needs of older persons, or if the provision of such facilities and
services is not practicable, that such housing is necessary to provide
important housing opportunities for older persons; and
���� (b)�� that at least 80 percent
of the units are occupied by at least one person 55 years of age or older per
unit; and
���� (c)�� the publication of, and
adherence to, policies and procedures which demonstrate an intent by the owner
or manager to provide housing for persons 55 years of age or older.
���� Housing shall not fail to meet
the requirements for housing for older persons by reason of:� persons residing
in such housing as of September 13, 1988 not meeting the age requirements of
this subsection, provided that new occupants of such housing meet the age
requirements of this subsection; or unoccupied units, provided that such units
are reserved for occupancy by persons who meet the age requirements of this
subsection.
���� nn.� "Genetic
characteristic" means any inherited gene or chromosome, or alteration
thereof, that is scientifically or medically believed to predispose an
individual to a disease, disorder, or syndrome, or to be associated with a
statistically significant increased risk of development of a disease, disorder,
or syndrome.
���� oo.� "Genetic
information" means the information about genes, gene products, or
inherited characteristics that may derive from an individual or family member.
���� pp.� "Genetic test"
means a test for determining the presence or absence of an inherited genetic
characteristic in an individual, including tests of nucleic acids such as DNA,
RNA, and mitochondrial DNA, chromosomes, or proteins in order to identify a
predisposing genetic characteristic.
���� qq.� "Domestic
partnership" means a domestic partnership established pursuant to section
4 of P.L.2003, c.246 (C.26:8A-4).
���� rr.��� "Gender identity
or expression" means having or being perceived as having a gender related
identity or expression whether or not stereotypically associated with a
person's assigned sex at birth.
���� ss.�� "Civil Union"
means a legally recognized union of two eligible individuals established
pursuant to R.S.37:1-1 et seq. and P.L.2006, c.103 (C.37:1-28 et al.).
���� tt.��� "Premium pay"
means additional remuneration for night, weekend, or holiday work, or for
standby or irregular duty.
���� uu.� "Premium
benefit" means an employment benefit, such as seniority, group life
insurance, health insurance, disability insurance, sick leave, annual leave, or
an educational or pension benefit that is greater than the employment benefit
due the employee for an equivalent period of work performed during the regular
work schedule of the employee.
���� vv.� "Race" is
inclusive of traits historically associated with race, including, but not
limited to, hair texture, hair types, and protective hairstyles.
���� ww. "Protective
hairstyles" includes, but is not limited to, such hairstyles as braids,
locks, and twists.
���� xx.� "Family member"
means a child, parent, parent-in-law, sibling, grandparent, grandchild, spouse,
partner in a civil union couple, domestic partner, or any other individual
related by blood to the person, and any other individual that the person shows
to have a close association with the person which is the equivalent of a family
relationship.
����
yy. "Audio description"
means the spoken narration of a movie�s key visual elements, such as the
action, settings, facial expressions, costumes, and scene changes and generally
requires the use of an audio description device for delivery to the patron.
����
zz. "Audio description
device" means the individual device that a patron may use at any seat of a
movie theater to hear audio description.
����
aaa.� "Captioning
device" means the individual device that a patron may use at any seat of a
movie theater to view closed movie captioning.
����
bbb.� "Closed movie
captioning" means the written display of a movie�s dialogue and non-speech
information, such as music, the identity of the character who is speaking, and
other sounds or sound effects and generally requires the use of a captioning
device for delivery of the captions to the patron.
����
ccc. �"Open movie
captioning" means the written on-screen display of a movie�s dialogue and
non-speech information, such as music, the identity of the character who is
speaking, and other sounds and sound effects.
(cf: P.L. 2023, c.262, s.3)
���� 2.��� (New section)� a.� Any
public facility that owns, leases, or operates a movie theater shall:
���� (1)�� have and maintain the
equipment necessary to provide closed movie captioning and audio description at
a movie patron�s seat whenever showing a digital movie produced, distributed,
or otherwise made available by the creators of the digital movie to include
these features;
���� (2)�� provide notice to the
public about the availability of closed movie captioning and audio description
devices that are available for use at a movie patron�s seat;
���� (3)�� ensure that theater
staff is available to assist movie patrons with the equipment before, during,
and after the showing of a movie with these features; and
���� (4)�� distribute audio
description and movie captioning devices at no additional fee to movie patrons.
���� b.��� For both closed movie
captioning and audio description, movie theaters shall obtain and install the
necessary equipment that enables movie patrons to view the closed movie
captions and hear the audio description from their individual seats.
���� c.���� The number of
operational captioning devices and audio description devices a movie theater
shall have available is dependent upon the number of auditoriums showing
digital movies.� The specific requirements are as follows:
���� (1)�� a movie theater with one
auditorium showing digital movies shall provide a minimum of four captioning
devices and a minimum of two audio description devices;
���� (2)�� a movie theater with at
least two but no more than seven auditoriums showing digital movies shall
provide a minimum of six captioning devices and a minimum of three audio
description devices;
���� (3)�� a movie theater with at
least eight but no more than 15 auditoriums showing digital movies shall
provide a minimum of eight captioning devices and a minimum of six audio
description devices; and
���� (4)�� a movie theater with 16
or more auditoriums showing digital movies shall provide a minimum of 12
captioning devices and a minimum of nine audio description devices.
���� d.��� The requirements set
forth in this section for movie theaters to provide auxiliary aids and services
for individuals with a visual or hearing impairment shall not apply to movie
theaters that show only analog movies in all of its auditoriums or any drive-in
movie theaters.
���� e.���� The provisions of this
section shall not be construed to require movie theaters to:
���� (1)�� use digital projection
technology or provide open movie captioning to satisfy the requirements set
forth in this section;
���� (2)�� add closed movie
captioning or audio description to a movie that is not produced, distributed,
or otherwise made available by the creators of the digital movie to include
these features; or
���� (3)�� prevent the showing of a
particular digital movie that is not produced or otherwise made available with
closed movie captioning or audio description capability.
�
���� f.���� Any movie theater that
violates the requirements of this section shall be subject to any penalties
established pursuant to P.L.1945, c.169 (C.10:5-1 et seq.) or any other law.
���� 3.��� This act shall take
effect 90 days after enactment.
STATEMENT
���� This bill requires movie
theaters to provide effective communication devices for individuals with a
visual or hearing impairment, and expands protections under the "Law
Against Discrimination" for these individuals.� The devices must be
provided to movie patrons at no additional fee.
���� Movie theaters with at least
one auditorium showing movies are required to provide ample closed movie
captioning and audio description devices for patrons.� The minimum number of
required devices is dependent upon the total number of auditoriums showing digital
movies at the movie theater.� Movie theaters also must provide notice to the
public about the availability of these devices and ensure theater staff is
capable of assisting patrons with the devices.� This bill imposes no other
obligations onto movie theaters.
���� Movie theaters exempt from the
requirements set forth in this bill are movie theaters that show only analog
movies in all of its auditoriums, as well as any drive-in movie theaters.
���� Closed movie captioning is the
written display of a movie�s dialogue and non-speech information, such as the
music, the identity of the character who is speaking, and other sounds or sound
effects, made available only to those movie patrons who request it.� When
requested, the captions are delivered via individual captioning devices used by
patrons at their seats.
���� Audio description is a
technology that enables movie patrons who are blind or have low vision to enjoy
movies by providing the spoken narration of a movie�s key visual elements, such
as the action, settings, facial expressions, costumes, and scene changes.�
Audio description fills in information about the visual content of a movie
where there are no corresponding audio elements.� It involves a separate script
that is recorded and synchronized with the movie as it is projected.� The oral
delivery of the script is typically transmitted to the user through infra-red
or FM transmission to wireless headsets.