HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 49

57th legislature - STATE OF NEW MEXICO - first session, 2025

 

 

 

 

 

 

 

AN ACT

RELATING TO DISABILITY ACCOMMODATIONS; ENACTING THE CLOSED CAPTIONING ACT; REQUIRING PLACES OF PUBLIC ACCOMMODATION THAT DISPLAY TELEVISION PROGRAMMING TO PROVIDE CLOSED CAPTIONING; PROVIDING A PRIVATE RIGHT OF ACTION.

 

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 governmental entity or 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; or

          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--PRIVATE RIGHT OF ACTION.--

          A. A person found to have knowingly and willfully violated the provisions of the Closed Captioning Act shall be subject to a civil penalty not to exceed:

                (1) one dollar ($1.00) for the first violation;

                (2) fifty dollars ($50.00) for the second violation; and

                (3) two hundred fifty dollars ($250) for a third or subsequent violation.

          B. Any individual with an auditory disability who is unable to access closed captioning for a television program due to violations of the Closed Captioning Act shall have the right to file a civil action in a court of competent jurisdiction. The individual may seek injunctive relief to compel a place of public accommodation to comply with the Closed Captioning Act. The court may award the prevailing party reasonable attorney fees and court costs.

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