District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0151 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~ENROLLED~~ ORIGINAL
	1	+	ENGROSSED ORIGINAL
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6	6		1
7		-	AN ACT
8		-
9		-	_______________
10		-
11		-
12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13		-
14		-	__________________________
15		-
16		-
17		-	To provide that an entity holding a basic business license with an Entertainment: Moving picture
18		-	theater endorsement shall provide a specified number of movies with open movie
19		-	captioning at specified times, to authorize the Office of Human Rights to conduct reviews
20		-	and order remedies to ensure compliance with open movie captioning requirements, and
21		-	to require the Mayor to conduct a continuous public awareness campaign publicizing
22		-	open movie captioning requirements; and to amend the Film DC Economic Incentive Act
23		-	of 2006 to add support for open movie captioning as an allowable use of the Film,
24		-	Television, and Entertainment Rebate Fund.
25		-
26		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
27		-	act may be cited as the “Open Movie Captioning Requirement Amendment Act of 2024”.
28		-
29		-	Sec. 2. Definitions.
30		-	For the purposes of this act, the term:
31		-	(1) “Movie theater” means an entity holding a basic business license with an
32		-	Entertainment: Moving picture theater endorsement as identified in D.C. Official Code § 47–
33		-	2820.
34		-	(2) “Office” means the Office of Human Rights.
35		-	(3) “Open movie captioning” means the written, on-screen display of a motion
36		-	picture’s dialogue and non-speech information, which may include music, the identity of the
37		-	character speaking, or other sounds and sound effects.
38		-	(4) “Peak weekend hours” means a showing that begins between 5:59 p.m. and
39		-	11:01 p.m. on a Friday or 10:59 a.m. and 11:01 p.m. on a Saturday or Sunday.
40		-	(5) “Operating week” means the operating hours of a movie theater beginning on
41		-	a Friday and ending the subsequent Thursday.
42		-
43		-	Sec. 3. Minimum requirements.
44		-	(a)(1) A movie theater with more than 2 screens shall, no later than 90 days after the
45		-	effective date of this section, provide scheduled open captioned showings for each motion ENROLLED ORIGINAL
	7	+	A BILL 1
	8	+	2
	9	+	25-151 3
	10	+	4
	11	+	5
	12	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 6
	13	+	7
	14	+	_________________ 8
	15	+	9
	16	+	10
	17	+	To provide that an entity holding a basic business license with an “Entertainment: Moving 11
	18	+	picture theater” endorsement shall provide a specified number of movies with open 12
	19	+	movie captioning at specified times, to authorize the Office of Human Rights to conduct 13
	20	+	reviews and order remedies to ensure compliance with open movie captioning 14
	21	+	requirements, to require the Mayor to conduct a continuous public awareness campaign 15
	22	+	publicizing open movie captioning requirements; and to amend the Film DC Economic 16
	23	+	Incentive Act of 2006 to add support for open movie captioning as an allowable use of 17
	24	+	the Film, Television, and Entertainment Rebate Fund. 18
	25	+	19
	26	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 20
	27	+	act may be cited as the “Open Movie Captioning Requirement Amendment Act of 2024”. 21
	28	+	Sec. 2. Definitions. 22
	29	+	For the purposes of this act, the term: 23
	30	+	(1) “Movie theater” means an entity holding a basic business license with an 24
	31	+	“Entertainment: Moving picture theater” endorsement as identified in D.C. Official Code § 47–25
	32	+	2820. 26
	33	+	(2) “Office” means the Office of Human Rights. 27 ENGROSSED ORIGINAL
46	34
47	35
48	36
49	37
50	38		2
51		-	picture currently showing at the movie theater. The number of open captioned showings
52		-	provided shall be as follows:
53		-	(A) During the first 2 operating weeks of a motion picture’s release, no
54		-	fewer than 3 open captioned showings per week;
55		-	(B) For each subsequent operating week of a motion picture’s release, no
56		-	fewer than 2 open captioned showings per week.
57		-	(2) At least one of the scheduled showings required pursuant to paragraph (1) of
58		-	this subsection shall be provided during peak weekend hours unless no other showings of the
59		-	motion picture are scheduled during those hours.
60		-	(b) Open captioned showings scheduled by a movie theater and willfully cancelled prior
61		-	to showing shall not constitute an open captioned showing for the purposes of fulfilling the
62		-	requirements of this section. Cancellations due to an event beyond a movie theater’s control,
63		-	such as equipment failure, weather, government order, or studio content error, shall not be
64		-	considered willfully cancelled.
65		-	(c) The following shall be exempt from the requirements of subsection (a) of this section:
66		-	(1) Motion pictures that are not produced and made available to movie theaters
67		-	with open captioning content; and
68		-	(2) Motion pictures for which a movie theater has fewer than 7 scheduled
69		-	showings in one operating week.
70		-	(d) A movie theater with 2 or fewer screens shall, within a reasonable time frame of
71		-	receipt of a request made according to a process established by rule by the Mayor, pursuant to
72		-	the requirements of the District of Columbia Administrative Procedure Act, effective October 21,
73		-	1968 (82 Stat. 1206; D.C. Official Code § 2-501 et seq.), provide a screening of a motion picture
74		-	produced with open movie captioning; except, that this subsection shall not apply to a movie
75		-	theater with 2 or fewer screens that provides scheduled open caption showings as described in
76		-	subsection (a) of this section.
77		-	(e) A movie theater shall advertise the date and time of motion picture showings required
78		-	by this section in the same manner as the movie theater advertises all other motion picture
79		-	showings.
80		-
81		-	Sec. 4. Compliance review.
82		-	(a)(1) The Office shall have the authority to conduct random reviews of movie theaters
83		-	for the purpose of ensuring compliance with this act; provided, that for each movie theater
84		-	covered by section 3(a), the Office shall review no fewer than 3 operating weeks per calendar
85		-	year.
86		-	(2) The Office shall have the authority to request showtime information by written
87		-	or verbal inquiry, conference, or any other method or combination of methods suitable in the
88		-	discretion of the Director of the Office.
89		-	(b) The Office shall establish a process for receiving consumer reports of suspected
90		-	violations of this act and shall use such reports to inform the initiation of inquiries pursuant to ENROLLED ORIGINAL
	39	+	(3) “Open movie captioning” means the written, on-screen display of a motion picture’s 28
	40	+	dialogue and non-speech information, which may include music, the identity of the character 29
	41	+	speaking, and other sounds and sound effects. 30
	42	+	(4) “Peak weekend hours” means a showing that begins between 5:59 p.m. and 11:01 31
	43	+	p.m. on a Friday or 10:59 a.m. and 11:01 p.m. on a Saturday or Sunday. 32
	44	+	(5) “Operating week” means the operating hours of a movie theater beginning on a Friday 33
	45	+	and ending the subsequent Thursday. 34
	46	+	Sec. 3. Minimum requirements. 35
	47	+	(a)(1) A movie theater with more than 2 screens shall, no later than 90 days after the 36
	48	+	effective date of this section, provide scheduled open captioned showings for each motion 37
	49	+	picture currently showing at the movie theater. The number of open captioned showings 38
	50	+	provided shall be as follows: 39
	51	+	(A) During the first 2 operating weeks of a motion picture’s release, no 40
	52	+	fewer than 3 open captioned showings per week; 41
	53	+	(B) For each subsequent operating week of a motion picture’s release, no 42
	54	+	fewer than 2 open captioned showings per week. 43
	55	+	(2) At least one of the scheduled showings required pursuant to paragraph (1) of 44
	56	+	this subsection shall be provided during peak weekend hours, unless no other showings of the 45
	57	+	motion picture are scheduled during those hours. 46 ENGROSSED ORIGINAL
91	58
92	59
93	60
94	61
95	62		3
96		-	section 301(b) of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38;
97		-	D.C. Official Code § 2-1403.01(b)).
98		-
99		-	Sec. 5. Remedy and penalties.
100		-	(a)(1) Within the next operating week after issuance of a notice of infraction, a movie
101		-	theater found to be in violation of the requirements of this act shall be required to provide one
102		-	additional open captioned showing of a motion picture than would otherwise be required
103		-	pursuant to section 3(a)(1).
104		-	(2) For repeat violations within a 365 day period, the Office may increase the
105		-	amount of additional open captioned showings otherwise required by paragraph (1) of this
106		-	subsection.
107		-	(3) When scheduling additional open captioned showings pursuant to this section,
108		-	a movie theater shall prioritize additional open captioned showings of the motion picture related
109		-	to a violation, provided that the movie in question is still playing at that movie theater.
110		-	(b) For each violation of this act, the Office shall, within a 365-day period of notice of the
111		-	violation, conduct one additional compliance review of the movie theater in addition to the
112		-	minimum review requirements of section 4(a).
113		-
114		-	Sec. 6. Public awareness campaign.
115		-	(a) The Mayor shall conduct a continuous public awareness campaign publicizing the
116		-	requirements and benefits of this act. The public awareness campaign shall include information
117		-	on the potential benefits of open captioned movies to all moviegoers, including patrons who are
118		-	not Deaf or hard of hearing.
119		-	(b) The public awareness campaign shall, at minimum, utilize the following media for
120		-	dissemination of information:
121		-	(1) Office of Cable Television Programming;
122		-	(2) Public service announcements; and
123		-	(3) A dedicated public website.
124		-	(c) The Mayor shall disseminate guidance on clear communication of open captioned
125		-	movie showings to news media, as defined in D.C. Official Code § 16-4701, for any news media
126		-	organization that regularly publishes motion pictures showtimes for movie theaters in the
127		-	District.
128		-
129		-	Sec. 7. Compliance assistance grants.
130		-	(a) Section 2 of the Film DC Economic Incentive Act of 2006, effective March 14, 2007
131		-	(D.C. Law 16-290; D.C. Official Code § 2-1204.11), is amended by adding a new subsection (d)
132		-	to read as follows:
133		-	“(d) Subject to the availability of funds, the Mayor may utilize the Fund to provide grants
134		-	to movie theaters, as defined in section 2(1) of the Open Movie Captioning Requirement ENROLLED ORIGINAL
	63	+	(b) Open captioned showings scheduled by a movie theater and willfully cancelled prior 47
	64	+	to showing shall not constitute an open captioned showing for the purposes of fulfilling the 48
	65	+	requirements of this section. Cancellations due to an event beyond a movie theater’s control, 49
	66	+	such as equipment failure, weather, government order, or studio content error, shall not be 50
	67	+	considered willfully cancelled. 51
	68	+	(c) The following shall be exempt from the requirements of subsection (a) of this section: 52
	69	+	(1) Motion pictures that are not produced and made available to movie theaters 53
	70	+	with open captioning content; and, 54
	71	+	(2) Motion pictures for which a movie theater has fewer than 7 scheduled 55
	72	+	showings in one operating week. 56
	73	+	(d) A movie theater with 2 or fewer screens shall, within a reasonable time frame of 57
	74	+	receipt of a request made according to a process established by the Mayor, pursuant to the 58
	75	+	requirements of the District of Columbia Administrative Procedure Act, effective October 21, 59
	76	+	1968 (82 Stat. 1206; D.C. Official Code § 2-501 et seq.), provide a screening of a motion picture 60
	77	+	produced with open movie captioning; provided, that this subsection shall not apply to a movie 61
	78	+	theater with 2 or fewer screens that provides scheduled open caption showings as described in 62
	79	+	subsection (a) of this section. 63
	80	+	(e) A movie theater shall advertise the date and time of motion picture showings required 64
	81	+	by this section in the same manner as the movie theater advertises all other motion picture 65
	82	+	showings. 66 ENGROSSED ORIGINAL
135	83
136	84
137	85
138	86
139	87		4
140		-	Amendment Act of 2024, passed on 2nd reading on May 7, 2024 (Enrolled version of Bill 25-
141		-	151), to assist in compliance with that act.
142		-
143		-	Sec. 8. Conforming amendment.
144		-	(a) Section 2(3)(B) of the Language Access Act of 2004, effective June 19, 2004 (D.C.
145		-	Law 15-167; D.C. Official Code § 2-1931(2)(3)(B)) is amended as follows:
146		-	(1) Sub-subparagraph (xix) is amended by striking the phrase “Department of
147		-	Consumer and Regulatory Affairs;” and inserting “Department of Licensing and Consumer
148		-	Protection;” in its place.
149		-	(2) Sub-subparagraph (xxv) is amended by striking the phrase "; and" and
150		-	inserting a semicolon in its place.
151		-	(3) Sub-subparagraph (xxvi) is amended by striking the period and inserting a
152		-	semicolon in its place.
153		-	(4) New sub-subparagraphs (xxvii), (xxviii), and (xxix) are added to read as
154		-	follows:
155		-	“(xxvii) Office of Disability Rights;
156		-	“(xxviii) Office for the Deaf, Deafblind, and Hard of Hearing; and,
157		-	“(xxix) Department of Buildings.”.
158		-
159		-	Sec. 9. Rules.
160		-	The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act,
161		-	approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules
162		-	to implement the provisions of this act.
163		-
164		-	Sec. 10. Applicability.
165		-	(a) Sections 4, 5, 6, and 8 of this act shall apply upon the date of inclusion of its fiscal
166		-	effect in an approved budget and financial plan.
167		-	(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in
168		-	an approved budget and financial plan, and provide notice to the Budget Director of the Council
169		-	of the certification.
170		-	(c)(1) The Budget Director shall cause the notice of the certification to be published in
171		-	the District of Columbia Register.
172		-	(2) The date of publication of the notice of the certification shall not affect the
173		-	applicability of this act.
174		-
175		-	Sec. 11. Fiscal impact statement.
176		-	The Council adopts the fiscal impact statement in the committee report as the fiscal
177		-	impact statement required by section 4a of the General Legislative Procedures Act of 1975,
178		-	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
179		-	ENROLLED ORIGINAL
	88	+	Sec. 4. Compliance review. 67
	89	+	(a)(1) The Office shall have the authority to conduct random reviews of movie theaters 68
	90	+	for the purpose of ensuring compliance with this act; provided, that for each movie theater 69
	91	+	covered by section 3(a), the Office shall review no fewer than 3 operating weeks per calendar 70
	92	+	year. 71
	93	+	(2) The Office shall have the authority to request showtime information by written 72
	94	+	or verbal inquiry, conference, or any other method or combination of methods suitable in the 73
	95	+	discretion of the Director of the Office. 74
	96	+	(b) The Office shall establish a process for receiving consumer reports of suspected 75
	97	+	violations of this act, and shall use such reports to inform the initiation of inquiries pursuant to 76
	98	+	section 301(b) of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38, 77
	99	+	D.C. Official Code § 2-1403.01(b)). 78
	100	+	Sec. 5. Remedy and penalties. 79
	101	+	(a)(1) A movie theater found to be in violation of the requirements of this act shall be 80
	102	+	required to provide, within the next operating week after issuance of a notice of infraction, one 81
	103	+	additional open captioned showing of a motion picture than would otherwise be required 82
	104	+	pursuant to section 3(a)(1). 83
	105	+	(2) The Office may, for repeat violations within a 365 day period, increase the 84
	106	+	amount of additional open captioned showings otherwise required by paragraph (1) of this 85
	107	+	subsection. 86 ENGROSSED ORIGINAL
180	108
181	109
182	110
183	111
184	112		5
185		-	Sec. 12. Effective date.
186		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
187		-	Mayor, action by the Council to override the veto) and a 30-day period of congressional review
188		-	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
189		-	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).
	113	+	(3) A movie theater shall, when scheduling additional open captioned showings 87
	114	+	pursuant to this section, prioritize additional open captioned showings of the motion picture 88
	115	+	related to a violation, provided that the movie in question is still playing at that movie theater. 89
	116	+	(b) For each violation of this act, the Office shall, within a 365-day period of notice of the 90
	117	+	violation, conduct one additional compliance review of the movie theater, in addition to the 91
	118	+	minimum review requirements of section 4(a). 92
	119	+	Sec. 6. Public awareness campaign. 93
	120	+	(a) The Mayor shall conduct a continuous public awareness campaign publicizing the 94
	121	+	requirements and benefits of this act. The public awareness campaign shall include information 95
	122	+	on the potential benefits of open captioned movies to all moviegoers, including patrons who are 96
	123	+	not Deaf or hard of hearing. 97
	124	+	(b) The public awareness campaign shall, at minimum, utilize the following media for 98
	125	+	dissemination of information: 99
	126	+	(1) Office of Cable Television Programming; 100
	127	+	(2) Public service announcements; and 101
	128	+	(3) A dedicated public website 102
	129	+	(c) The Mayor shall disseminate guidance on clear communication of open captioned 103
	130	+	movie showings to news media, as defined in D.C. Official Code § 16-4701, for any news media 104
	131	+	organization that regularly publishes motion pictures showtimes for movie theaters in the 105
	132	+	District. 106 ENGROSSED ORIGINAL
190	133
191	134
192	135
193	136
194		-	______________________________
195		-	Chairman
196		-	Council of the District of Columbia
	137	+	6
	138	+	Sec. 7. Compliance assistance grants. 107
	139	+	(a) Section 2 of the Film DC Economic Incentive Act of 2006, effective March 14, 2007 108
	140	+	(D.C. Law 18-111; D.C. Official Code § 2-1204.11) is amended by adding a new subsection (d) 109
	141	+	to read as follows: 110
	142	+	“(d) Subject to the availability of funds, the Mayor may utilize the Fund to provide grants 111
	143	+	to movie theaters, as defined in section 2 of the Open Movie Captioning Requirement 112
	144	+	Amendment Act of 2024, as approved by the Committee on Public Works and Operations on 113
	145	+	March 18, 2024 (Committee print of Bill 25-151), to assist in compliance with that act. 114
	146	+	Sec. 8. Language access, conforming amendments. 115
	147	+	(a) Section 2(3)(B) of the Language Access Act of 2004, effective June 19, 2004 (D.C. 116
	148	+	Law 15-167; D.C. Official Code § 2-1931(2)(B)) is amended as follows: 117
	149	+	(1) Sub-subparagraph (xix) is amended by striking the phrase “Department of 118
	150	+	Consumer and Regulatory Affairs;” and inserting “Department of Licensing and Consumer 119
	151	+	Protection;” in its place. 120
	152	+	(2) Sub-subparagraph (xxv) is amended by striking the phrase "; and" and 121
	153	+	inserting a semicolon in its place. 122
	154	+	(3) Sub-subparagraph (xxvi) is amended by striking the period and inserting a 123
	155	+	semicolon in its place. 124
	156	+	(4) New sub-subparagraphs (xxvii), (xxviii), and (xxix) are added to read as 125
	157	+	follows: 126 ENGROSSED ORIGINAL
197	158
198	159
199	160
200	161
201		-
202		-	_________________________________
203		-	Mayor
204		-	District of Columbia
	162	+	7
	163	+	“(xxvii) Office of Disability Rights; 127
	164	+	“(xxviii) Office for the Deaf, Deafblind, and Hard of Hearing; and, 128
	165	+	“(xxix) Department of Buildings.”. 129
	166	+	Sec. 9. Rules. 130
	167	+	The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, 131
	168	+	approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules 132
	169	+	to implement the provisions of this act. 133
	170	+	Sec. 10. Applicability. 134
	171	+	(a) Sections 4, 5, 6, and 8 of this act shall apply upon the date of inclusion of its fiscal 135
	172	+	effect in an approved budget and financial plan. 136
	173	+	(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in 137
	174	+	an approved budget and financial plan, and provide notice to the Budget Director of the Council 138
	175	+	of the certification. 139
	176	+	(c)(1) The Budget Director shall cause the notice of the certification to be published in 140
	177	+	the District of Columbia Register. 141
	178	+	(2) The date of publication of the notice of the certification shall not affect the 142
	179	+	applicability of this act. 143
	180	+	144
	181	+	145
	182	+	146 ENGROSSED ORIGINAL
205	183
206	184
207	185
208	186
	187	+	8
	188	+	Sec. 11. Fiscal impact statement. 147
	189	+	The Council adopts the fiscal impact statement in the committee report as the fiscal 148
	190	+	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 149
	191	+	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 150
	192	+	Sec. 12. Effective date. 151
	193	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 152
	194	+	Mayor, action by the Council to override the veto) and a 30-day period of congressional review 153
	195	+	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 154
	196	+	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)). 155