(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.

evice; 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)

d (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.

ng 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.

ng 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

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.