HOUSE BILL 89

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Cynthia Borrego and Michael Padilla

 

 

 

 

 

AN ACT

RELATING TO DISABILITY ACCOMMODATIONS; ENACTING THE CLOSED CAPTIONING ACT; REQUIRING PLACES OF PUBLIC ACCOMMODATION THAT DISPLAY TELEVISION PROGRAMMING TO PROVIDE CLOSED CAPTIONING; REQUIRING THE ATTORNEY GENERAL TO ENFORCE THE CLOSED CAPTIONING ACT; PROVIDING PENALTIES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Closed Captioning Act".

     SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Closed Captioning Act:

          A. "closed captioning" means a transcript or written dialogue of the audio portion of a television program that is displayed on the screen of a television receiver;

          B. "place of public accommodation" means any establishment that provides or offers its services, facilities, accommodations or goods to the public, but does not include a bona fide private club or other place or establishment that is by its nature and use distinctly private;

          C. "public area" means any part of a place of public accommodation that is open to the general public;

          D. "regular hours" means the hours of the day in which a place of public accommodation is generally open to members of the general public;

          E. "television program" means any recorded media that has audio and visual components and is displayed on a television receiver; and

          F. "television receiver" means a device that is capable of displaying a television program. "Television receiver" includes:

                (1) a television;

                (2) a display screen;

                (3) a digital set top box;

                (4) a monitor; and

                (5) any other technology capable of displaying closed captioning for a television program.

     SECTION 3. [NEW MATERIAL] CLOSED CAPTIONING IN PLACES OF PUBLIC ACCOMMODATION.--A person that owns or manages a place of public accommodation shall activate closed captioning on all television receivers that are turned on and operating in public areas during regular hours, except when:

          A. the television program or television receiver available in the public area is not technologically able to display closed captioning;

          B. the television program being displayed is exempt from closed captioning requirements under federal law; and

          C. multiple television receivers are displaying the same television program, in which case only one television receiver is required to display closed captioning.

     SECTION 4. [NEW MATERIAL] ENFORCEMENT--CIVIL PENALTIES.--

          A. The attorney general shall enforce the provisions of the Closed Captioning Act and shall adopt rules in accordance with the Closed Captioning Act to provide for the protection of people with hearing disabilities.

          B. The attorney general shall establish a complaint process whereby an aggrieved member of the public may file a complaint against a place of public accommodation that violates the provisions of the Closed Captioning Act. All complaints shall be considered public records pursuant to the Inspection of Public Records Act, with the exception of the complainant's name, address or protected personal identifier information as defined in the Inspection of Public Records Act.

          C. The attorney general shall investigate each complaint that alleges a violation of the Closed Captioning Act, and whenever the attorney general has reasonable belief that a place of public accommodation has violated the Closed Captioning Act, the attorney general may bring an action in the name of the state alleging violations of the Closed Captioning Act. The action may be brought in the district court of the county in which the place of public accommodation is located, and the attorney general shall not be required to post bond when seeking a temporary or permanent injunction in the action.

          D. If the court finds that a place of public accommodation has violated the Closed Captioning Act, the attorney general, upon petition to the court, may recover, on behalf of the state, a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation and a penalty not to exceed five hundred dollars ($500) for each subsequent violation.

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