Senate 493

WEST virginia legislature

2026 regular session

Committee Substitute

for

Senate Bill 493

By Senator Deeds

[Reported January 30, 2026, from the Committee on Government Organization]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §47-11D-5, relating to motion pictures; and requiring exhibitors of motion pictures who operate eight or more screens in more than one location in this state to provide open captioning during at least two showings per week of each motion picture that is produced and offered with open captioning; requiring, when requested, audio description be provided for any motion picture that is produced and offered with audio description; and providing exceptions to open-caption requirements.

Be it enacted by the Legislature of West Virginia:

ARTICLE 11D. THE MOTION PICTURE FAIR COMPETITION ACT.

§47-11D-5. Open Captioning for Motion Pictures.

(a) Exhibitors of motion pictures who operate eight or more screens in more than one location in this state shall provide open captioning during at least two showings per week of each motion picture that is produced and offered with open captioning.

(b) Upon request, audio description shall be provided for any motion picture that is produced and offered with audio description.

(c) Notwithstanding any section of this code to the contrary, no exhibitor may be required to purchase new equipment in order to comply with the requirements set forth in this section where doing so would result in an undue burden to the exhibitor or a fundamental alteration of the theater.  

(d) The requirements set forth in this section do not apply to the following:

(1) A drive-in movie theater;

(2) A theater with fewer than eight screens;

(3) A theater that is not equipped with a digital projection system  or a theater with a digital projection system that does not support open-caption files;

(4) A motion picture that is shown in a theater fewer than eight times from Friday through Thursday in a seven-day period;

(5) Any motion picture shown by a theater after 20 days have passed since the day the movie premiered at that theater.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.