SB 493: Relating to open captioning for motion pictures - West Virginia

sb493 sub2 h gov am _1 adopted.htm → sb493 hfat phillips 3-13 revised adopted.htm · 2 edits

MINOR

The legislative process shifted from a proposal to tighten specific numerical thresholds in the bill to a new proposal that completely replaces the bill's title. The original amendment sought to lower the number of theaters required for compliance from eight to six and reduce the minimum open captioning requirement from two showings to one. The new proposal, however, does not alter these specific numbers but instead focuses on replacing the document's title to better reflect its content.

Scope change

The scope of the bill's applicability remains unchanged regarding the number of theaters or showing requirements, as the new text does not modify the specific thresholds found in the original draft; only the title has been altered.

TECHNICAL

A specific amendment proposal to lower the theater threshold from eight to six and reduce the weekly showing requirement from two to one was removed.

A new motion was added to replace the bill's title to more accurately describe the law's provisions regarding open captioning and audio description.

Committee Substitute for the Committee Substitute → sb493 sub2 h gov am _1 adopted.htm · 5 edits

MODERATE

The bill was amended to reduce the number of screens required for a movie theater to be subject to open captioning and audio description rules from eight to six. Additionally, the requirement for theaters to provide these services changed from 'may' (optional) to 'shall' (mandatory), and the frequency of required showings was reduced from two per week to one per week.

Scope change

The bill now applies to a larger number of theaters by lowering the screen threshold from eight to six, thereby increasing the number of exhibitors subject to the accessibility requirements.

ELIGIBILITY

The minimum number of screens required for a theater to be covered by the bill was lowered from eight to six.

The exemption threshold for theaters with fewer screens was lowered from eight to six.

REQUIREMENT

The obligation for covered theaters to provide open captioning changed from optional ('may') to mandatory ('shall').

The frequency of required open captioning showings was reduced from at least two per week to at least one per week.

The text was adjusted to ensure the frequency requirement applies to a single showing rather than multiple showings per week.

Committee Substitute → Committee Substitute for the Committee Substitute · 3 edits

MINOR

The bill was re-submitted with a significant policy shift: the requirement for large theaters to provide open captioning was changed from a mandatory obligation to a permitted option. Additionally, the reporting date for the committee's review was updated from January 30 to February 21, and the committee handling the bill was changed from Government Organization to Rules.

Scope change

The bill's scope regarding open captioning was reduced from a mandate to a permission, meaning exhibitors are no longer legally required to show captioned films but are allowed to do so if they choose.

REQUIREMENT

Changed the open captioning rule from 'shall provide' (mandatory) to 'may provide' (optional) for exhibitors with eight or more screens.

TIMELINE

Updated the committee report date from January 30, 2026, to February 21, 2026.

ENFORCEMENT

Changed the committee responsible for the bill from the Committee on Government Organization to the Committee on Rules.

Introduced Version → Committee Substitute · 2 edits

MINOR

The bill was amended to broaden the requirement for open captioning by changing the threshold from operating six or more theaters to operating eight or more screens. Additionally, the substitute version adds specific exemptions for drive-in theaters, small theaters, and movies shown infrequently or recently after their premiere.

Scope change

The bill now applies to exhibitors with eight or more screens instead of six or more theaters, and it introduces new exceptions for drive-in theaters and those with fewer than eight screens.

SCOPE

The threshold for required open captioning was increased from six theaters to eight screens.

REQUIREMENT

New specific exemptions were added for drive-in theaters, theaters with fewer than eight screens, theaters without digital projection systems, movies shown fewer than eight times per week, and movies shown more than 20 days after their premiere.

Relating to open captioning for motion pictures

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