SECOND REGULAR SESSION

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1036

93RD GENERAL ASSEMBLY

                  Reported from the Committee on Higher Education April 5, 2006 with recommendation that House Committee Substitute for House Bill No. 1036 Do Pass. Referred to the Committee on Rules pursuant to Rule 25(26)(f).

STEPHEN S. DAVIS, Chief Clerk

3444L.02C

AN ACT

To amend chapter 170, RSMo, by adding thereto one new section relating to captioning of electronic video instructional materials.

Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Chapter 170, RSMo, is amended by adding thereto one new section, to be known as section 170.135, to read as follows:

            170.135. 1. As used in this section, the following terms mean:

            (1) "Captions", when the audio portion of video programming is displayed as text superimposed over the video;

            (2) "Closed captions", captions that may be turned on or off by the viewer;

            (3) "Electronic video instructional materials", materials designed, marketed, and sold for use in the instructional programs of educational institutions in Missouri, including but not limited to materials on videotape, CD-ROM, digital video disc (DVD), and film;

            (4) "Open captions", captions that are always viewable and cannot be turned on and off by the viewer.

            2. Beginning January 1, 2007, every publisher or manufacturer of electronic video instructional materials offered for adoption or sale in the state shall supply such materials with open captions or closed captions, except for the following:

            (1) Video products or portions of video products for which the publisher does not have the rights to add captions; and

            (2) Video products or portions of video products for which the user does not receive a physical copy of the product, but rather the product is otherwise broadcast into the instructional environment through television programming, teleconferences, and/or products distributed over the Internet or World Wide Web.

            3. If the publisher or manufacturer fails to comply with the requirements of this section, the publisher or manufacturer shall be liable to the entity that purchased the electronic video instructional materials in the amount of ten times the amount paid by the purchasing entity to have captions placed on the materials.

•