HOUSE DOCKET, NO. 2775        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3167

The Commonwealth of Massachusetts

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PRESENTED BY:

Denise C. Garlick

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to closed captioning on public-facing televisions.

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PETITION OF:

HOUSE DOCKET, NO. 2775        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3167

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to closed captioning on public-facing televisions.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 25C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-

Section 10. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Closed captioning”, a transcript or dialog of the audio portion of a television program that is displayed on the bottom portion of a television receiver screen when the user activates the feature.

“Closed captioning television receiver”, a receiver of television programming that has the ability to display closed captioning, including but not limited to a television, digital set top box, and other technology capable of displaying closed captioning for television programming.

“Public area”, any part of a public facility that is open to the general public.

“Public facility”, any place, business, facility or other establishment of whatever kind, or agency, whether owned privately or by a public agency which caters or offers services, facilities or goods to or is intended for the use or convenience of the general public whether for a charge or fee or not, provided that nothing contained herein shall be construed to include or apply to any place, business, facility or other establishment which is by its nature distinctly private, except that when such establishment caters or offers services to the general public, it shall be deemed a public accommodation during such period.

“Public entertainment venue”, a place that is open to the public for mass gathering for entertainment, regardless of whether or not a ticket or payment of any type is required for admission, including but not limited to cinemas, theaters, concert halls, sports centers and festivals.

“Regular hours”, the hours of any day in which a public facility is generally open to members of the general public.

(b) A public facility in the commonwealth shall activate closed captioning on closed captioned television receivers in use in any public area during regular hours.

(c) Subsection (b) shall not apply to public entertainment venues or if:

(i) No television receiver of any kind is available in the public area; or

(ii) The only public television receiver available in the public area is not a closed-captioning television receiver.

(d) Nothing in this section shall be construed to imply an exemption from state or federal requirements, including but not limited to those for effective communication and reasonable accommodations required under the Americans with Disabilities Act.

(e) An individual may file a complaint with the Massachusetts commission against discrimination pursuant to section of chapter 151B.