6373 AMS .... S4276.1

SB 6373 - S AMD 543

By Senator Keiser

                                                  ADOPTED 02/16/02

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  A new section is added to chapter 49.44 RCW to read as follows:

    (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

    (a) "Employee" means an employee of a broadcasting industry employer other than a sales or management employee.

    (b) "Broadcasting industry" means television, radio, cable stations and networks, and other electronic platforms designed to distribute electronic signals normally containing news, entertainment, and/or informational programming.

    (c) "Noncompetition clause" means a covenant not to compete, restrictive covenant, or any agreement in which the applicant, employee, or independent contractor agrees for a specific period of time within a specific geographic area to refrain from employment that competes with the broadcasting industry employer.

    (2) Unless permitted in this subsection, no broadcasting industry employer shall require any applicant, employee, or independent contractor to enter an employment contract containing a noncompetition clause.  This subsection does not prevent the enforcement of a noncompetition clause during the term of an employment contract in existence on the effective date of this act or against an employee who breaches an employment contract.

    (3) A noncompetition clause may not be enforced against an employee who is terminated without cause by the employer before the expiration of an employment agreement.

    (4) Any person or entity violating subsection (2) of this section is liable for civil damages and reasonable attorneys' fees and costs.

    (5) Nothing in this section restricts the right of an employer to protect trade secrets or other proprietary information by lawful means in equity or under applicable law.

NEW SECTION. Sec. 2.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

SB 6373 - S AMD 543

By Senator Keiser

                                                  ADOPTED 02/16/02

    On page 1, line 2 of the title, after "industry;" strike the remainder of the title and insert "adding a new section to chapter 49.44 RCW; and declaring an emergency."

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