CORRECTIVE REPRINT
PRIOR PRINTER'S NO. 4556 PRINTER'S NO. 4565
No. 2905 Session of 2006
INTRODUCED BY PERZEL, BALDWIN, BELFANTI, BUNT, CAPPELLI, COHEN,
CREIGHTON, DALLY, DENLINGER, FLAHERTY, GEIST, GEORGE,
GODSHALL, HALUSKA, HASAY, MICOZZIE, PHILLIPS, PYLE, SCHRODER,
SIPTROTH, SONNEY, WATSON AND YOUNGBLOOD, SEPTEMBER 14, 2006
REFERRED TO COMMITTEE ON COMMERCE, SEPTEMBER 14, 2006
AN ACT
1 Prohibiting noncompete provisions in certain broadcast
2 employment contracts; and prescribing a penalty.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Broadcast
7 Industry Free Market Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Broadcast employee." An employee of a broadcast industry
13 employer. The term does not include such employee whose primary
14 duties for the broadcasting industry employer involve sales or
15 management.
16 "Broadcasting industry employer." A television station,
1 television network, radio station, radio network, cable station,
2 cable network or any broadcast affiliate thereof.
3 Section 3. Prohibition.
4 (a) General rule.--Except as otherwise provided in
5 subsection (b), no broadcasting industry employer may require in
6 any employment contract with a broadcast employee that the
7 broadcast employee or prospective broadcast employee refrain
8 from obtaining employment:
9 (1) in a geographic area;
10 (2) for a specific period of time; or
11 (3) for any particular employer or in any particular
12 industry;
13 after termination of employment with the broadcasting industry
14 employer.
15 (b) Exception.--This section shall not apply to the
16 enforcement of any such requirement during the term of the
17 contract or against a broadcast employee who breaches any other
18 provision of the contract.
19 Section 4. Penalties.
20 (a) Civil liability.--A person who violates this act shall
21 be civilly liable for damages, including attorney fees and
22 costs, incurred by a broadcast employee as a result of such
23 violation.
24 (b) Criminal offense.--A person who violates this act
25 commits a misdemeanor of the first degree.
26 Section 5. Effective date.
27 This act shall take effect in 60 days.
E23L27DMS/20060H2905B4565 - 2 -