SF 2271 (LSB 5395XS (3) 91)

SENATE FILE 2271

BY  STAED, DONAHUE, and SALMON

A BILL FOR

An Act relating to captioning requirements for motion picture theaters.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  216C.13  Captioning in motion picture theaters.
   1.  For purposes of this section, unless the context otherwise requires:
   a.  “Closed captioning” means the written display of a motion picture’s dialogue or transcript, including but not limited to nonspeech information such as music, character identities, and other sounds or sound effects by means of a personal captioning device that delivers captions to individual patrons.
   b.  “Large motion picture theater company” means any person who controls, operates, owns, or leases five or more motion picture theaters in this state.
   c.  “Motion picture theater” means an establishment in which motion pictures are regularly exhibited to the public for an admission charge.
   d.  “Open captioning” means the written, on-screen display of a motion picture’s dialogue and nonspeech information, including but not limited to music, the identity of the character speaking, or other sounds and sound effects.
   e.  “Small motion picture theater company” means any person who controls, operates, owns, or leases between one and four motion picture theaters in this state.
   2.  A motion picture theater shall provide access to fully operational and well-maintained closed captioning technology for each screening of a motion picture that is produced and available with closed captioning as required by Tit. III of the federal Americans with Disabilities Act of 1990.
   3.  If a motion picture is produced with open captioning and distributed to motion picture theaters, a large motion picture theater company shall provide open captioning screenings of such motion picture that has at least five scheduled screenings at that theater, provided that the theater has digital projection systems that support open captioning files. Such open captioning screenings must occur within each of the following time periods:
   a.  Within each of the first two weeks of such a motion picture’s release, the motion picture theater shall provide at least two open captioning screenings, of which at least one must begin between 5:59 p.m. and 11:01 p.m. on Fridays or between 10:59 a.m. and 11:01 p.m. on Saturdays or Sundays.
   b.  Within each week after the first two weeks of such a motion picture’s release, the motion picture theater shall provide at least one open captioning screening per week, which must begin between 5:59 p.m. and 10:01 p.m. on Mondays, Tuesdays, Wednesdays, or Thursdays; between 5:59 p.m. and 11:01 p.m. on Fridays; or between 10:59 a.m. and 11:01 p.m. on Saturdays or Sundays.
   4.  If a motion picture is produced with open captioning and distributed to motion picture theaters, a small motion picture theater company shall, at each theater that has digital projection systems that support open captioning files, provide at least one of the following:
   a.  An open captioning screening within eight calendar days after receiving a request pursuant to subsection 6.
   b.  Open captioning consistent with the requirements for motion picture theaters pursuant to subsection 3.
   5.  This section shall not prevent a motion picture theater from offering more open captioning screenings than required under this section.
   6.  Motion picture theaters shall provide contact information on the motion picture theater’s internet site for the purpose of receiving and fulfilling requests for open captioning screenings.
   7.  If an open captioning screening of a motion picture overlaps with one or more other open captioning screenings of the same motion picture at the same motion picture theater, no more than one such motion picture screening may be counted toward the minimum number of screenings required by this section, except where it is not practicable to avoid such overlap.
   8.  A motion picture theater shall advertise the date and time of open captioning screenings in the same manner as the motion picture theater advertises all other motion picture screenings and indicate which screenings will include open captioning by using the character symbol “OC”.
   9.  A motion picture theater shall maintain documents sufficient to demonstrate compliance with the requirements of this section for a period of at least one year.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to captioning requirements for motion picture theaters.
   The bill requires a motion picture theater to provide access to fully operational and well-maintained closed captioning technology for each screening of a motion picture that is produced and available with closed captioning.
   The bill establishes open captioning requirements for motion pictures that are produced with open captioning and distributed to motion picture theaters. The bill requires large motion picture theater companies operating five or more motion picture theaters in the state to provide a minimum number of open captioning screenings at each theater with at least five scheduled screenings of the motion picture, provided the theater has digital projection systems that support open captioning files.
   The bill provides that if a small motion picture theater company operates four or fewer motion picture theaters in the state, each qualifying theater must either provide an open captioning screening within eight days after receiving a request for such a screening or offer open captioning consistent with the requirements of large motion picture companies.
   The bill requires motion picture theaters to provide contact information on their internet sites for receiving requests for open captioned screenings. The bill also requires motion picture theaters to advertise open captioning screenings in the same manner as other screenings. The bill requires motion picture theaters to maintain documentation sufficient to demonstrate compliance with the requirements of the bill for at least one year.