Esta ley enmienda la Ley Núm. 80 de 9 de junio de 2002 para requerir el uso del sistema "Close Captioning" o lenguaje de señas en al menos uno de los noticieros televisivos locales de lunes a viernes en el horario de 5:00 PM a 7:00 PM, tanto en canales públicos como privados. También exige el uso de "Close Captioning", "Visual Display" u "Open Captioning" en los boletines del Sistema de Alerta de Emergencia.
To amend Sections 1, 2, 3 and 7 of Act No. 80, of June 9, 2002, with the purpose of including the system known as "Close Captioning" in Puerto Rico TV news, whether they are broadcast in public or private commercial channels.
According to a census performed in 1995, in Puerto Rico, there are approximately 738,397 people with one or more physical or mental disabilities. Of these, 132,911 have hearing disabilities; 147,679 vision problems; 184,599 development problems; 110,759 learning problems; 73,839 loss of a body part; 36,919 orthopedic problems; and 199,367 have other disabilities. As years go by, these numbers increase.
In order to protect all citizens with disabilities, Act No. 44 of July 2, 1985 was approved, among other bills, which prohibits discrimination on the basis of physical and mental disabilities. Afterwards, President George Bush approved the American with Disabilities Act of 1990, which applies in the jurisdiction of the Commonwealth of Puerto Rico.
However, in spite of the good intentions and laudable objectives found in these bills, many barriers that complicate and affect the quality of life of people with disabilities still have not been eliminated.
People with disabilities continually find several forms of discrimination including intentional exclusion, discriminatory effects in architecture, inadequate transportation and communication barriers, among others.
One of the areas where discrimination or disadvantages against people with disabilities are noticeable is the field of communications and, specifically, in TV programs, which result in people with hearing disabilities not being able to enjoy the local TV news or find out about any emergency happening around them because of a lack of a sign language system, or the system known as "Close Captioning."
The goal of all governments and nations of the world in relation to people with disabilities, must be to ensure equal opportunity, full participation, an independent life and being economically self-sufficient and enjoying life fully as any other human being.
The Legislature and the Governor of the Commonwealth of Puerto Rico approved House Bill No. 671, converting it into Act No. 80 of June 9, 2002, which provides that sign language and the "Closed Caption" system in the Emergency Alert System bulletins that are transmitted by local TV stations, whether public or private, shall be used in all local televised news.
The Committee on Social Welfare of the House of Representatives, the Advocate for Persons with Disabilities and a coalition of the main Puerto Rican TV stations met to make the mandate of Act No. 80, supra, feasible. The TV station coalition requested that the effective date of Act No. 80, supra, be extended several months to help TV stations purchase equipment and find the personnel required for the operation of the "Close Captioning" system.
Section 1.- Section 1 of Act No. 80 of June 9, 2002, is hereby amended to read as follows: "Section 1.- It is herein provided that sign language or the system known as "Close Captioning" be used in at least one of the TV news programs
broadcast from Monday to Friday, in the evening, from 5:00 PM to 7:00 PM by each of the local TV stations, whether shown in public or private TV stations."
Section 2. Section 2 of Act No. 80 of June 9, 2002, is hereby amended to read as follows: "Section 2.- For the purposes of this Act, the following terms shall have the meaning expressed below:
(a) "Close Captioning" means an assistive technological format, designed to provide hearing-impaired persons with access to information, which is transmitted through a codified signal and deciphered through a TV set, which is seen in the form of subtitles on the TV screen.
(b) "Sign Language" means a visual-gestural language that has its own semantic and syntax structure and that is used by deaf or hypoacoustic ("partially deaf") people.
(c) "TV news" means any specialized program that is transmitted by a TV station located in Puerto Rico, where local news is offered.
(d) "Advocate" is the Advocate for disabled persons.
(e) "Office" means the Office of the Advocate for persons with disabilities."
Section 3.- Section 3 of Act No. 80 of June 9, 2002, is hereby amended to read as follows: "Section 3.- All local TV stations, whether public or private, shall implement the system known as "Close Captioning," "Visual Display" or "Open Captioning," for all Emergency Alert System bulletins, when the Alert System is activated by an emergency situation."
Section 4.- Section 7 of Act No. 80 of June 9, 2002, is hereby amended to read as follows: "Section 7.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 289 (H.B. 3953) of the $6^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Sections 1, 2, 3 and 7 of Act No. 80, of June 9, 2002, with the purpose of including the system known as "Close Captioning" in Puerto Rico TV news, whether they are broadcast in public or private commercial channels, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $27^{ ext {th }}$ of October of 2004.
Elba Rosa Rodríguez-Fuentes Director