(a) (1) In this section the following words have the meanings indicated.
(2) (i) “Assembly area” means a building or facility, or any portion of a building or facility, that:
1. is used for the purpose of entertainment, education, or civic gatherings; and
2. requires the use of a public address system.
(ii) “Assembly area” includes:
1. an amphitheater, an arena, and a stadium;
2. an auditorium;
3. a center for the performing arts;
4. a classroom and a lecture hall;
5. a concert hall;
6. a convention center;
7. a courtroom;
8. a legislative chamber;
9. a movie theater, a theater, and a playhouse; and
10. a public hearing and meeting room.
(iii) “Assembly area” does not include any outdoor area.
(3) “Assistive listening system” means an amplification system using transmitters to bypass the acoustical space between a sound source and a listener by means of a wireless direct connection, such as a hearing induction loop system, that couples to a:
(i) personal hearing device; or
(ii) receiver, such as a hearing induction loop receiver or other similar technology.
(4) “Construction or renovation” includes:
(i) construction;
(ii) reconstruction; and
(iii) renovation.
(5) “Hearing induction loop” means a hearing loop or T–loop system that takes a sound source and transfers it directly via a magnetic signal to:
(i) a hearing aid;
(ii) a cochlear implant;
(iii) a hearing induction loop receiver; or
(iv) any other personal hearing device that acts as a receiver.
(6) “Recipient of State funds” means any of the following that receive State money for the construction or renovation of an assembly area:
(i) a unit of State government;
(ii) a unit of local government; or
(iii) a for–profit or nonprofit entity or association.
(b) (1) A recipient of State funds shall install an assistive listening system in an assembly area during the construction or renovation of the assembly area if:
(i) the assembly area uses or requires the use of a public address system; and
(ii) a State contract has been executed to enable construction or renovation of the assembly area.
(2) (i) A recipient of State funds may apply for a waiver from the requirement under paragraph (1) of this subsection if:
1. the recipient claims that an assistive listening system is not technologically feasible; or
2. there is a dispute regarding whether the requirements of paragraph (1) of this subsection apply to a construction or renovation project.
(ii) A waiver request under subparagraph (i) of this paragraph shall include a description of the alternative assistive listening technology the recipient will use to comply with the Americans with Disabilities Act.
(c) (1) There is a Hearing Accessibility Advisory Board.
(2) (i) The Secretary shall appoint the members of the Board.
(ii) The Board shall consist of:
1. individuals who have expertise in assistive listening systems; and
2. consumers who use assistive listening systems.
(3) The Board shall:
(i) consult with stakeholders who are State residents who use or will use the facilities being built or renovated, including:
1. individuals with hearing loss; and
2. organizations that represent people with hearing loss and have background experience and knowledge of the use of assistive listening systems and devices;
(ii) make recommendations for regulations implementing this section;
(iii) consider applications for waivers submitted under subsection (b)(2) of this section; and
(iv) monitor compliance with this section and investigate any complaints regarding noncompliance.
(d) The Department shall adopt regulations to carry out this section, including regulations regarding:
(1) proper maintenance and training of staff;
(2) adequate signage; and
(3) a requirement for facilities to provide receivers that can use the technology for individuals who do not have a personal hearing device or do not have a hearing device with a telecoil or other built–in receiver.
(e) This section does not require State agencies or recipients of State funds to retrofit existing facilities that are not undergoing renovation.
(f) (1) (i) A person may bring a civil action for a violation of this section or if the person has reasonable grounds for believing that this section will be violated.
(ii) A person may not be required to take any other action before bringing a civil action under subparagraph (i) of this paragraph for a potential violation of this section if the person has actual notice that a recipient of State funds does not intend to comply with the requirements of this section.
(2) In a civil action brought under paragraph (1)(i) of this subsection, the court may:
(i) grant any equitable relief that the court considers appropriate, including:
1. temporary, preliminary, or permanent relief;
2. providing an auxiliary aid or service;
3. requiring a modification of policy, practice, or procedure; and
4. making facilities readily accessible to and usable by individuals with disabilities;
(ii) assess a civil penalty against the recipient of State funds; or
(iii) award any other relief the court considers to be appropriate.
(3) If a court orders injunctive relief under paragraph (1) of this subsection, the order shall include a requirement that the facilities be altered to make the facilities readily accessible to and usable by individuals with disabilities to the extent required by this section.