6373 AMS .... S4266.1

6373 AMS .... S4266.1

SB 6373 - S AMD

By Senator

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) "Competing stations" means radio stations within the same standard radio market as defined by the arbitron company as the standard market definition for radio markets; or television stations within the same standard television market as defined by Nielsen media research as the standard market definition for television markets; or radio and television stations to the extent that the arbitron radio market and Nielsen television market overlap forming a common broadcast market.

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

(c) "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.

(d) "Noncompetition clause" means a covenant not to compete, restrictive covenant, or any agreement in which the applicant, employee, or individual 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) A noncompetition clause may prohibit an employee from working in the broadcasting industry only:

(a) In a similar capacity to the work done at the employer's station;

(b) For a period not to exceed six months;

(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) 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.

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

(6) 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."

SB 6373 - S AMD

By Senator

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