NY State Senate Bill S5348A

senate Bill S5348A

2015-2016 Legislative Session

Requires places of public accommodation, resort or amusement that operate televisions during regular hours of operation to provide closed captioning on certain televisions upon request

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 12, 2016	print number 5348a
Jan 12, 2016	amend and recommit to codes
Jan 06, 2016	referred to codes
May 13, 2015	referred to codes

Bill Amendments

Original

A (Active)

Original

A (Active)

S5348 - Details

See Assembly Version of this Bill:: A2035
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §79-o, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8268
2017-2018: S3717, A1547
2019-2020: S1650, A2076

S5348 - Summary

Requires places of public accommodation, resort or amusement that operate televisions during regular hours of operation to provide closed captioning on certain televisions upon request.

S5348 - Sponsor Memo

BILL NUMBER:S5348

TITLE  OF  BILL:    An act to amend the civil rights law, in relation to
requiring places of public accommodation, resort or amusement that oper-
ate televisions during regular hours  of  operation  to  provide  closed
captioning on certain televisions upon request

PURPOSE:

This  bill will require, upon request, places of public accommodation to
enable closed captioning  on  televisions  in  public  areas  to  assist
persons who are hard of hearing.

SUMMARY OF PROVISIONS:

Section  one  of  the  bill  amends the civil rights law by adding a new
section 79-o as it relates to requiring closed captioning, upon request,
in places of public accommodation during  the  hours  of  operation.  It
provides  for  exemptions  if the televisions in the public area are not
capable of closed captioning or if two televisions are broadcasting  the
same channel than only one television is subject to the requirement.

Section two of the bill relates to the effective date.

JUSTIFICATION:

Closed  captioning  is  a  television feature that displays visual tran-
scription of the audio of the program. It is  also  a  useful  assistive
technology  for  persons  who  are deaf or hard of hearing. In places of
public accommodations, deaf or hard of hearing individuals are unable to
determine what is being broadcasted because there is no closed  caption-
ing.  In  times of emergencies such as Superstorm Sandy, it is even more
important to ensure that televisions  are  equipped  to  communicate  to
everyone.  This  would  require establishments to have closed captioning
enabled during regular hours of operation.

LEGISLATIVE HISTORY:

A8268 of 2013-2014.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect July 1, 2016.

S5348 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5348

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 13, 2015
                               ___________

Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the civil rights law, in relation to requiring places of
  public accommodation, resort or  amusement  that  operate  televisions
  during  regular  hours  of  operation  to provide closed captioning on
  certain televisions upon request

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  civil  rights law is amended by adding a new section
79-o to read as follows:
  S 79-O. CLOSED CAPTIONING IN PLACES OF PUBLIC ACCOMMODATION, RESORT OR
AMUSEMENT. 1. A PLACE OF PUBLIC ACCOMMODATION, RESORT OR  AMUSEMENT,  AS
DEFINED  IN  SUBDIVISION  NINE  OF SECTION TWO HUNDRED NINETY-TWO OF THE
EXECUTIVE LAW, SHALL UPON REQUEST BE REQUIRED TO HAVE CLOSED  CAPTIONING
ENABLED  ON  ALL TELEVISIONS THAT ARE LOCATED IN THE PUBLIC AREA OF SUCH
ESTABLISHMENT DURING REGULAR HOURS OF BUSINESS.  THE  REGULAR  HOURS  OF
BUSINESS OF THE PLACE OF PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT SHALL
BE THE HOURS OF OPERATION AS POSTED IN SUCH ESTABLISHMENT.
  2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY IF:
  (A)  NO TELEVISIONS IN THE PUBLIC AREA OF THE PLACE OF PUBLIC ACCOMMO-
DATION, RESORT OR AMUSEMENT ARE CAPABLE OF PROVIDING CLOSED  CAPTIONING;
OR
  (B)  IN THE EVENT THAT TWO TELEVISIONS IN THE PUBLIC AREA OF THE PLACE
OF PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT    HAVE  THE  SAME  CHANNEL
BEING  BROADCAST,  ONLY  ONE OF THE TELEVISIONS SHALL BE SUBJECT TO THIS
SECTION.
  3. DEFINITIONS. AS USED IN THIS SECTION:
  (A) "CLOSED CAPTIONING" SHALL MEAN A FEATURE ON A TELEVISION THAT WHEN
ACTIVATED WILL VISUALLY DISPLAY A TRANSCRIPTION OF THE AUDIO PORTION  OF
VIDEO PROGRAMMING; AND
  (B) "PUBLIC AREA" SHALL MEAN THE SECTION OF A PLACE OF PUBLIC ACCOMMO-
DATION, RESORT OR AMUSEMENT THAT IS OPEN TO THE GENERAL PUBLIC.
  S 2. This act shall take effect July 1, 2016.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD02962-03-5

Co-Sponsors

S5348A (ACTIVE) - Details

See Assembly Version of this Bill:: A2035
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §79-o, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8268
2017-2018: S3717, A1547
2019-2020: S1650, A2076

S5348A (ACTIVE) - Summary

Requires places of public accommodation, resort or amusement that operate televisions during regular hours of operation to provide closed captioning on certain televisions upon request.

S5348A (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S5348A

 TITLE OF BILL :

An act to amend the civil rights law, in relation to requiring places
of public accommodation, resort or amusement that operate televisions
during regular hours of operation to provide closed captioning on
certain televisions upon request

 PURPOSE :

This bill will require, upon request, places of public accommodation
to enable closed captioning on televisions in public areas to assist
persons who are hard of hearing.

 SUMMARY OF PROVISIONS :

Section one of the bill amends the civil rights law by adding a new
section 79-o as it relates to requiring closed captioning, upon
request, in places of public accommodation during the hours of
operation. It provides for exemptions if the televisions in the public
area are not capable of closed captioning or if two televisions are
broadcasting the same channel than only one television is subject to
the requirement.

Section two of the bill relates to the effective date.

 JUSTIFICATION :

Closed captioning is a television feature that displays visual
transcription of the audio of the program. It is also a useful
assistive technology for persons who are deaf or hard of hearing. In
places of public accommodations, deaf or hard of hearing individuals
are unable to determine what is being broadcasted because there is no
closed captioning. In times of emergencies such as Superstorm Sandy,
it is even more important to ensure that televisions are equipped to
communicate to everyone. This would require establishments to have
closed captioning enabled during regular hours of operation.

 LEGISLATIVE HISTORY :

A8268 of 2013-2014.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect July 1, 2017.

S5348A (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5348--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 13, 2015
                               ___________

Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the civil rights law, in relation to requiring places of
  public  accommodation,  resort  or  amusement that operate televisions
  during regular hours of operation  to  provide  closed  captioning  on
  certain televisions upon request

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The civil rights law is amended by  adding  a  new  section
79-o to read as follows:
  S 79-O. CLOSED CAPTIONING IN PLACES OF PUBLIC ACCOMMODATION, RESORT OR
AMUSEMENT.  1.  A PLACE OF PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT, AS
DEFINED IN SUBDIVISION NINE OF SECTION TWO  HUNDRED  NINETY-TWO  OF  THE
EXECUTIVE  LAW, SHALL UPON REQUEST BE REQUIRED TO HAVE CLOSED CAPTIONING
ENABLED ON ALL TELEVISIONS THAT ARE LOCATED IN THE PUBLIC AREA  OF  SUCH
ESTABLISHMENT  DURING  REGULAR  HOURS  OF BUSINESS. THE REGULAR HOURS OF
BUSINESS OF THE PLACE OF PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT SHALL
BE THE HOURS OF OPERATION AS POSTED IN SUCH ESTABLISHMENT.
  2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY IF:
  (A) NO TELEVISIONS IN THE PUBLIC AREA OF THE PLACE OF PUBLIC  ACCOMMO-
DATION,  RESORT OR AMUSEMENT ARE CAPABLE OF PROVIDING CLOSED CAPTIONING;
OR
  (B) IN THE EVENT THAT TWO TELEVISIONS IN THE PUBLIC AREA OF THE  PLACE
OF  PUBLIC  ACCOMMODATION,  RESORT  OR AMUSEMENT   HAVE THE SAME CHANNEL
BEING BROADCAST, ONLY ONE OF THE TELEVISIONS SHALL BE  SUBJECT  TO  THIS
SECTION.
  3. AS USED IN THIS SECTION:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02962-04-6

S. 5348--A                          2

  (A) "CLOSED CAPTIONING" SHALL MEAN A FEATURE ON A TELEVISION THAT WHEN
ACTIVATED  WILL VISUALLY DISPLAY A TRANSCRIPTION OF THE AUDIO PORTION OF
VIDEO PROGRAMMING; AND
  (B) "PUBLIC AREA" SHALL MEAN THE SECTION OF A PLACE OF PUBLIC ACCOMMO-
DATION, RESORT OR AMUSEMENT THAT IS OPEN TO THE GENERAL PUBLIC.
  S 2. This act shall take effect July 1, 2017.

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