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S T A T E O F N E W Y O R K
________________________________________________________________________
9888
I N S E N A T E
April 13, 2026
___________
Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer 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 44-C to read as follows:
3 ARTICLE 44-C
4 OPEN CAPTIONING
5 SECTION 1450. DEFINITIONS.
6 1451. OPEN MOTION PICTURE CAPTIONING REQUIRED.
7 1452. VIOLATIONS.
8 1453. PREEMPTION.
9 § 1450. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
10 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
11 1. "MOTION PICTURE" MEANS A STORY OR EVENT RECORDED BY A CAMERA AS A
12 SET OF MOVING IMAGES.
13 2. "MOTION PICTURE THEATER" MEANS AN ENTITY IN THE BUSINESS OF PROVID-
14 ING SHOWINGS OF MOTION PICTURES TO THE GENERAL PUBLIC.
15 3. "OPEN MOTION PICTURE CAPTIONING" MEANS THE WRITTEN, ON-SCREEN
16 DISPLAY OF A MOTION PICTURE'S DIALOGUE AND NON-SPEECH INFORMATION,
17 INCLUDING MUSIC, THE IDENTITY OF THE CHARACTER WHO IS SPEAKING, AND
18 OTHER SOUNDS AND SOUND EFFECTS.
19 4. "PEAK MOTION PICTURE ATTENDANCE HOURS" MEANS THE HOURS BETWEEN FIVE
20 FIFTY-NINE IN THE EVENING AND ONE MINUTE PAST ELEVEN O'CLOCK IN THE
21 EVENING ON FRIDAY AND THE HOURS BETWEEN ELEVEN TWENTY-NINE IN THE MORN-
22 ING AND ONE MINUTE PAST ELEVEN O'CLOCK IN THE EVENING ON SATURDAY OR
23 SUNDAY.
24 § 1451. OPEN MOTION PICTURE CAPTIONING REQUIRED. 1. A MOTION PICTURE
25 THEATER THAT OFFERS MORE THAN TEN MOTION PICTURE SHOWINGS PER WEEK SHALL
26 PROVIDE SCHEDULED SHOWINGS OF MOTION PICTURES WITH OPEN MOTION PICTURE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02942-05-6
S. 9888 2
1 CAPTIONING FOR AT LEAST ONE QUARTER OF ALL SHOWINGS OF A MOTION PICTURE
2 WITH FOUR OR MORE SHOWINGS DURING A ONE-WEEK TIME PERIOD. PROVIDED THAT
3 NO MORE THAN FOUR OPEN CAPTIONING SHOWINGS OF A SINGLE MOTION PICTURE
4 SHALL BE REQUIRED IN A ONE-WEEK TIME PERIOD.
5 2. A MOTION PICTURE THAT IS PRODUCED AND DISTRIBUTED WITHOUT OPEN
6 MOTION PICTURE CAPTIONING IS NOT SUBJECT TO THE PROVISIONS OF SUBDIVI-
7 SION ONE OF THIS SECTION.
8 3. AT LEAST HALF OF THE SCHEDULED SHOWINGS REQUIRED PURSUANT TO SUBDI-
9 VISION ONE OF THIS SECTION SHALL BEGIN AND END WITHIN PEAK MOTION
10 PICTURE ATTENDANCE HOURS, UNLESS FEWER THAN ONE IN EIGHT SHOWINGS OF A
11 MOTION PICTURE IS SCREENED DURING PEAK MOTION PICTURE ATTENDANCE HOURS,
12 IN WHICH CASE THIS REQUIREMENT IS MET IF ALL SCREENINGS OF SUCH MOTION
13 PICTURE DURING PEAK MOTION PICTURE ATTENDANCE HOURS HAVE OPEN MOTION
14 PICTURE CAPTIONING.
15 4. AT LEAST HALF OF THE SCHEDULED SHOWINGS REQUIRED PURSUANT TO SUBDI-
16 VISION ONE OF THIS SECTION THAT ARE SCHEDULED OUTSIDE OF PEAK MOTION
17 PICTURE ATTENDANCE HOURS SHALL START AFTER FIVE FIFTY-NINE IN THE EVEN-
18 ING AND FINISH BEFORE ONE MINUTE PAST ELEVEN O'CLOCK IN THE EVENING ON
19 MONDAYS, TUESDAYS, WEDNESDAYS OR THURSDAYS, UNLESS FEWER THAN ONE IN
20 EIGHT SHOWINGS OF A MOTION PICTURE IS SCREENED AFTER FIVE FIFTY-NINE IN
21 THE EVENING ON MONDAYS, TUESDAYS, WEDNESDAYS OR THURSDAYS, IN WHICH CASE
22 THIS REQUIREMENT IS MET IF ALL SCREENINGS OF SUCH MOTION PICTURE DURING
23 SUCH TIMES HAVE OPEN MOTION PICTURE CAPTIONING.
24 5. NO SHOWING OF A MOTION PICTURE WITH OPEN MOTION PICTURE CAPTIONING
25 THAT OVERLAPS WITH ANOTHER SHOWING OF A MOTION PICTURE WITH OPEN MOTION
26 PICTURE CAPTIONING SHALL BE COUNTED TOWARD THE MINIMUM NUMBER OF SHOW-
27 INGS REQUIRED BY THIS SECTION EXCEPT WHERE IT IS NOT PRACTICABLE TO
28 AVOID SUCH OVERLAP.
29 6. NOTHING IN THIS ARTICLE SHALL PREVENT A MOTION PICTURE THEATER FROM
30 SHOWING MORE MOTION PICTURES WITH OPEN CAPTIONING THAN REQUIRED BY
31 SUBDIVISION ONE OF THIS SECTION.
32 7. A MOTION PICTURE THEATER SUBJECT TO THE PROVISIONS OF SUBDIVISION
33 ONE OF THIS SECTION SHALL ADVERTISE THE DATE AND TIME OF MOTION PICTURE
34 SHOWINGS REQUIRED BY SUBDIVISION ONE IN THE SAME MANNER AS THE MOTION
35 PICTURE THEATER ADVERTISES ALL OTHER MOTION PICTURE SHOWINGS AND SHALL
36 INDICATE WHICH SHOWINGS WILL INCLUDE OPEN MOTION PICTURE CAPTIONING.
37 8. EVERY MOTION PICTURE THEATER SHALL MAINTAIN DOCUMENTS SUFFICIENT TO
38 DEMONSTRATE COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE FOR A PERI-
39 OD OF AT LEAST THREE YEARS.
40 § 1452. VIOLATIONS. ANY MOTION PICTURE THEATER THAT VIOLATES ANY OF
41 THE PROVISIONS OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY OF UP
42 TO ONE HUNDRED DOLLARS FOR THE FIRST VIOLATION, AND UP TO FIVE HUNDRED
43 DOLLARS FOR EACH SUBSEQUENT VIOLATION.
44 § 1453. PREEMPTION. THE PROVISIONS OF THIS ARTICLE ARE CUMULATIVE AND
45 SUPPLEMENTAL AND SHALL NOT APPLY WITHIN ANY MUNICIPALITY THAT, BY ORDI-
46 NANCE OR RESOLUTION, HAS ADOPTED PROVISIONS REQUIRING SCHEDULED SHOWINGS
47 OF MOTION PICTURES WITH OPEN MOTION PICTURE CAPTIONING THAT ARE EQUAL TO
48 OR MORE STRINGENT THAN THE PROVISIONS OF THIS ARTICLE.
49 § 2. This act shall take effect on the one hundred twentieth day after
50 it shall have become a law.