SB0213 104TH GENERAL ASSEMBLY

LRB104 05543 SPS 15573 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB0213

Introduced 1/22/2025, by Sen. Steve Stadelman

SYNOPSIS AS INTRODUCED:

815 ILCS 412/10
815 ILCS 412/20 new
815 ILCS 412/25 new

Amends the Strengthening Community Media Act. Provides that, for the fiscal year following the effective date of the amendatory Act, and each fiscal year thereafter, a State agency shall direct at least 5% of its total spending on advertising to local news organization publications, provided that a State agency may seek an exemption from this requirement upon a showing to the Department of Commerce and Economic Opportunity that the purposes of the advertising are inconsistent with placement in a local news organization. Provides that the Department shall maintain a list of eligible local news organizations. Provides that all State agencies are prohibited from discriminating among local news organizations based on editorial content, unless that content is objectively relevant to the target audience and articulated purposes of the advertising. Provides that, no later than 3 months after the effective date of the amendatory Act, the Department shall publish on its website a report on the implementation of the Act. Provides that, for the first full fiscal year following the effective date of the amendatory Act, and each fiscal year thereafter, the Department shall publish an annual report that includes specified information. Defines "State agencies".

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Strengthening Community Media Act is amended by changing Section 10 and by adding Sections 20 and 25 as follows:

(815 ILCS 412/10)

Sec. 10. Definitions. As used in this Act:

"Department" means the Department of Commerce and Economic Opportunity.

"Local news organization" means an entity that:

(1) engages professionals to create, edit, produce, and distribute original content concerning matters of public interest, through reporting activities, including conducting interviews, observing current events, or analyzing documents or other information;

(2) has at least one employee employed full-time for 30 hours a week or more dedicated to providing coverage of Illinois or local Illinois community news and living within 50 miles of the coverage area, who gathers, prepares, collects, photographs, writes, edits, reports, or publishes original local or State community news for dissemination to the local or State community;

(3) in the case of print publications, has published at least one print publication per month over the previous 12 months, and either holds a valid United States Postal Service periodical permit or has at least 25% of its content dedicated to local news;

(4) in the case of digital-only entities, has published one piece about the community per week over the previous 12 months and has at least 33% of its digital audience in Illinois, averaged over a 12-month period;

(5) in the case of hybrid entities that that have both print and digital outlets, meets the requirements in either paragraph (3) or (4) of this definition;

(6) has disclosed in its print publication or on its website its beneficial ownership or, in the case of a not-for-profit entity, its board of directors;

(7) in the case of an entity that maintains tax status under Section 501(c)(3) of the federal Internal Revenue Code, has declared the coverage of local or State news as the stated mission in its filings with the Internal Revenue Service; and

(8) has not received more than 50% of its gross receipts for the previous year from political action committees or other entities described in Section 527 of the federal Internal Revenue Code, or from an organization that maintains Section 501(c)(4) or 501(c)(6) status under the federal Internal Revenue Code.

"State agencies" means all officers, boards, commissions, and agencies created by the Illinois Constitution, whether in the executive, legislative, or judicial branch, but other than the circuit court; all officers, departments, boards, commissions, agencies, institutions, authorities, universities, bodies politic and corporate of the State; and administrative units or corporate outgrowths of the State government which are created pursuant to statute, other than units of local government and their officers, school districts and boards of elected commissioners; and all administrative units and corporate outgrowths of the above and as may be created by executive order of the Governor.

(Source: P.A. 103-1021, eff. 1-1-25.)

(815 ILCS 412/20 new)

Sec. 20. Advertising with local news organizations.

(a) For the fiscal year following the effective date of this amendatory Act of the 104th General Assembly, and each fiscal year thereafter, a State agency shall direct at least 5% of its total spending on advertising to local news organization publications, provided that a State agency may seek an exemption from this requirement upon a showing to the Department that the purposes of the advertising are inconsistent with placement in a local news organization. If a State agency seeks an exemption, the Department shall direct the advertising spending to a local news organization if it determined that the objectives of the advertising can be served as effectively or better through the local news organization.

(b) The Department shall maintain a list of eligible local news organizations.

(c) The Department shall determine whether an entity qualifies as a local news organization in accordance with the definition provided in Section 10.

(d) All State agencies are prohibited from discriminating among local news organizations based on editorial content, unless that content is objectively relevant to the target audience and articulated purposes of the advertising.

(e) If an entity is denied eligibility as a local news organization, the Department shall provide, in writing and upon request, an explanation to the entity of the reasons for the denial as described in subsection (c).

(815 ILCS 412/25 new)

Sec. 25. Reporting requirements.

(a) No later than 3 months after the effective date of this amendatory Act of the 104th General Assembly, the Department shall publish on its website a report on the implementation of this Act, including information on the criteria used to make determinations under subsection (a) of Section 20.

(b) For the first full fiscal year following the effective date of this amendatory Act of the 104th General Assembly, and each fiscal year thereafter, the Department shall publish an annual report that includes, but is not limited to:

(1) the operative list of local news organizations at the date of publication;

(2) the advertising spending by each State agency; and

(3) the recipients of the spending, including which entity received which individual advertising contract and the amount of the contract.