Sen. Steve Stadelman
Filed: 5/21/2024
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1 | AMENDMENT TO SENATE BILL 3591 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 3591 by replacing | ||||||
3 | everything after the enacting clause with the following: | ||||||
4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Journalism Preservation Act. | ||||||
6 | Section 5. Findings. | ||||||
7 | (a) A free and diverse fourth estate was critical in the | ||||||
8 | founding of our democracy and continues to be the lifeblood | ||||||
9 | for a functioning democracy. | ||||||
10 | (b) Every day, journalism plays an essential role in | ||||||
11 | Illinois and in local communities, and the ability of local | ||||||
12 | news organizations to continue to provide the public with | ||||||
13 | critical information about their communities and enabling | ||||||
14 | publishers to receive fair market value for their content that | ||||||
15 | is used by others will preserve and ensure the sustainability | ||||||
16 | of local and diverse news outlets. |
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1 | (c) Communities without newspapers lose touch with | ||||||
2 | government, business, education, and neighbors. They operate | ||||||
3 | without journalists working to keep them informed, uncover | ||||||
4 | truth, expose corruption, and share common goals and | ||||||
5 | experiences. | ||||||
6 | (d) Over the past 10 years, newspaper advertising has | ||||||
7 | decreased 66%, and newsroom staff has declined 44%. | ||||||
8 | (e) Ethnic media has long been a distinctive genre of | ||||||
9 | journalism and communications, informing, engaging, and | ||||||
10 | advocating on behalf of communities underserved by both the | ||||||
11 | for-profit and not-for-profit general media market. It plays a | ||||||
12 | unique role in upholding the fourth estate in our democracy by | ||||||
13 | facilitating cross-racial and cross-ethnic communications to | ||||||
14 | facilitate social integration, promote civic engagement, and | ||||||
15 | address inequalities among all of the underserved communities. | ||||||
16 | (f) Given the important role of ethnic media, it is | ||||||
17 | critical to advance State policy that ensures their publishers | ||||||
18 | are justly compensated for the content they create and | ||||||
19 | distribute. An example is the historic preamble, "We Wish to | ||||||
20 | Plead Our Own Cause," a document penned by the | ||||||
21 | African-American journalist and abolitionist Samuel Cornish in | ||||||
22 | 1827. It marked a significant milestone in the history of the | ||||||
23 | Black press as it highlighted the urgent need for African | ||||||
24 | Americans to have their own platform to voice their | ||||||
25 | grievances, advocate for their rights, and challenge racial | ||||||
26 | inequality. This call to action spurred the establishment of |
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1 | numerous Black-owned newspapers and publications, solidifying | ||||||
2 | the role of the Black press as a powerful tool for empowerment | ||||||
3 | and social change, and laid the groundwork in our country for | ||||||
4 | other ethnic media to plead their own cause. | ||||||
5 | (g) Quality local journalism is key to sustaining civic | ||||||
6 | society, strengthening communal ties, and providing | ||||||
7 | information at a deeper level that national outlets cannot | ||||||
8 | match. | ||||||
9 | (h) When surveyed, 73% of adults in the United States say | ||||||
10 | they have confidence in their local newspaper. | ||||||
11 | Section 10. Definitions. As used in this Act: | ||||||
12 | "Access" means to acquire, to crawl, or to index content. | ||||||
13 | "Advertising revenue" means revenue generated through the | ||||||
14 | sale of digital advertising impressions that are served to | ||||||
15 | customers in this State through an online platform, regardless | ||||||
16 | of whether those impressions are served on websites or | ||||||
17 | accessed through online or mobile applications. | ||||||
18 | "Covered platform" means an online platform that, at any | ||||||
19 | point during a 12-month period, either: | ||||||
20 | (1) has at least 50,000,000 United States-based | ||||||
21 | monthly active users or subscribers on the online | ||||||
22 | platform; or | ||||||
23 | (2) is owned or controlled by a person that either | ||||||
24 | has: | ||||||
25 | (A) net annual sales in the United States or a |
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1 | market capitalization greater than $550,000,000,000, | ||||||
2 | adjusted annually for inflation on the basis of the | ||||||
3 | Consumer Price Index published by the United States | ||||||
4 | Bureau of Labor Statistics; or | ||||||
5 | (B) at least 1,000,000,000 worldwide monthly | ||||||
6 | active users on the online platform. | ||||||
7 | "Covered platform" does not mean an organization exempt | ||||||
8 | from federal income taxation under Section 501(c)(3) of the | ||||||
9 | Internal Revenue Code of 1986. | ||||||
10 | "Eligible broadcaster" means a person that: | ||||||
11 | (1) holds or operates under a license issued by the | ||||||
12 | Federal Communications Commission under 47 U.S.C. 301 et | ||||||
13 | seq.; | ||||||
14 | (2) engages professionals to create, edit, produce, | ||||||
15 | and distribute original content concerning local, | ||||||
16 | regional, national, or international matters of public | ||||||
17 | interest through activities, including conducting | ||||||
18 | interviews, observing current events, analyzing documents | ||||||
19 | and other information, or fact checking through multiple | ||||||
20 | firsthand or secondhand news sources; | ||||||
21 | (3) updates its content on at least a weekly basis; | ||||||
22 | and | ||||||
23 | (4) uses an editorial process for error correction and | ||||||
24 | clarification, including a transparent process for | ||||||
25 | reporting errors or complaints to the station. | ||||||
26 | "Eligible digital journalism provider" means an eligible |
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1 | publisher or eligible broadcaster that discloses its ownership | ||||||
2 | to the public. | ||||||
3 | "Eligible publisher" means a person that publishes a | ||||||
4 | qualifying publication. | ||||||
5 | "News journalist" means a natural person who: | ||||||
6 | (1) is employed for an average of at least 30 hours per | ||||||
7 | week during a calendar year by an eligible digital | ||||||
8 | journalism provider; and | ||||||
9 | (2) is responsible for gathering, developing, | ||||||
10 | preparing, directing the recording of, producing, | ||||||
11 | collecting, photographing, recording, writing, editing, | ||||||
12 | reporting, designing, presenting, distributing, or | ||||||
13 | publishing original news or information that concerns | ||||||
14 | local, regional, national, or international matters of | ||||||
15 | public interest. | ||||||
16 | "Notifying eligible digital journalism provider" means an | ||||||
17 | entity that has provided notice to a covered platform as | ||||||
18 | described in Section 15 that the entity is an eligible digital | ||||||
19 | journalism provider. | ||||||
20 | "Online platform" means a website, online or mobile | ||||||
21 | application, digital assistant, or online service that: | ||||||
22 | (1) accesses news articles, works of journalism, or | ||||||
23 | other content, or portions thereof, generated, created, | ||||||
24 | produced, or owned by an eligible digital journalism | ||||||
25 | provider; and | ||||||
26 | (2) aggregates, displays, provides, distributes, or |
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1 | directs users to content described in paragraph (1) of | ||||||
2 | this definition. | ||||||
3 | "Qualifying publication" means a website, online or mobile | ||||||
4 | application, or other digital service that: | ||||||
5 | (1) does not primarily display, provide, distribute, | ||||||
6 | or offer content generated, created, produced, or owned by | ||||||
7 | an eligible broadcaster; | ||||||
8 | (2) provides information to an audience in this State; | ||||||
9 | (3) performs a public information function comparable | ||||||
10 | to that traditionally served by newspapers and other | ||||||
11 | periodical news publications; | ||||||
12 | (4) engages professionals to create, edit, produce, | ||||||
13 | and distribute original content concerning local, | ||||||
14 | regional, national, or international matters of public | ||||||
15 | interest through activities, including conducting | ||||||
16 | interviews, observing current events, analyzing documents | ||||||
17 | and other information, or fact checking through multiple | ||||||
18 | firsthand or secondhand news sources; | ||||||
19 | (5) updates its content at least 52 weeks in a | ||||||
20 | calendar year; | ||||||
21 | (6) has an editorial process for error correction and | ||||||
22 | clarification, including a transparent process for | ||||||
23 | reporting errors or complaints to the publication; and | ||||||
24 | (7) meets any of the following criteria: | ||||||
25 | (A) generated at least $100,000 in annual revenue | ||||||
26 | from its editorial content in the previous calendar |
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1 | year; | ||||||
2 | (B) had an International Standard Serial Number | ||||||
3 | assigned to an affiliated periodical before submitting | ||||||
4 | notice to a covered platform under Section 15; or | ||||||
5 | (B) is owned or controlled by an organization | ||||||
6 | exempt from federal income taxation under Section | ||||||
7 | 501(c)(3) of the Internal Revenue Code of 1986; | ||||||
8 | (8) has at least 25% of its editorial content | ||||||
9 | consisting of information about topics of current local, | ||||||
10 | regional, national, or international public interest; or | ||||||
11 | (9) is not controlled, or wholly or partially owned | ||||||
12 | by, an entity that: | ||||||
13 | (A) is a foreign power or an agent of a foreign | ||||||
14 | power, as those terms are defined in 50 U.S.C. 1801; | ||||||
15 | (2) is designated as a foreign terrorist | ||||||
16 | organization under 8 U.S.C. 1189; | ||||||
17 | (3) is a terrorist organization, as defined in 8 | ||||||
18 | U.S.C. 1182; | ||||||
19 | (4) is designated as a specially designated global | ||||||
20 | terrorist organization under federal Executive Order | ||||||
21 | 13224; | ||||||
22 | (5) is an affiliate of an entity described in | ||||||
23 | subparagraph (1), (2), (3), or (4); and | ||||||
24 | (6) has been convicted of violating, or attempting | ||||||
25 | to violate 18 U.S.C. 2331, 2332b, or 2339A. | ||||||
26 | "Representative" means a labor organization designated as |
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1 | the exclusive bargaining representative of news journalists or | ||||||
2 | support staff for the purposes of collective bargaining in | ||||||
3 | accordance with State or federal law. | ||||||
4 | "Support staff" means a natural person who performs | ||||||
5 | nonexecutive functions, including payroll, human resources, | ||||||
6 | fundraising and grant support, advertising and sales, | ||||||
7 | community events and partnerships, technical support, | ||||||
8 | sanitation, and security. | ||||||
9 | Section 15. Notice requirements for journalism usage fee | ||||||
10 | payments. | ||||||
11 | (a) On or before January 1, 2025, all eligible digital | ||||||
12 | journalism providers that want to receive journalism usage fee | ||||||
13 | payments under this Act shall submit notice to a covered | ||||||
14 | platform as described in subsection (b). All eligible digital | ||||||
15 | journalism providers that submit the notice shall receive | ||||||
16 | journalism usage fee payments from covered platforms as | ||||||
17 | described in Section 20 beginning no later than 30 days after | ||||||
18 | the end of the arbitration process described in Section 25. | ||||||
19 | Digital journalism providers may provide notice to a covered | ||||||
20 | platform as described in subsection (b) after the initial | ||||||
21 | arbitration has concluded; however, notice received from an | ||||||
22 | eligible digital journalism provider after January 1, 2025, | ||||||
23 | shall not prompt any adjustment to the percentage of | ||||||
24 | advertising revenue that has previously been determined under | ||||||
25 | the most recent arbitration proceeding conducted as described |
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1 | in Section 25. | ||||||
2 | (b) The notice described in subsection (a) shall: | ||||||
3 | (1) identifies the eligible digital journalism | ||||||
4 | provider and the authorized representative of the eligible | ||||||
5 | digital journalism provider; | ||||||
6 | (2) certifies, not under penalty of perjury, that the | ||||||
7 | eligible digital journalism provider reasonably believes | ||||||
8 | that it is either an eligible broadcaster or an eligible | ||||||
9 | publisher; and | ||||||
10 | (3) identifies the root uniform resource locators for | ||||||
11 | the websites associated with the eligible digital | ||||||
12 | journalism provider's digital content. | ||||||
13 | (c) No later than 30 days after submitting a notice | ||||||
14 | described in subsection (b), the eligible digital journalism | ||||||
15 | provider shall distribute a copy of the notice to the news | ||||||
16 | journalists and support staff that it employs and their | ||||||
17 | representatives, if any, and publish a copy of the notice | ||||||
18 | online in a text-searchable format. | ||||||
19 | (d) No later than 30 days after the deadline described in | ||||||
20 | subsection (a), or after receiving a notice as described in | ||||||
21 | subsection (a), the covered platform shall send a reply notice | ||||||
22 | to the authorized representative identified in subsection (b) | ||||||
23 | to acknowledge the receipt of the notice. | ||||||
24 | (e) A covered platform that receives as described in | ||||||
25 | paragraph (b) may, within 30 days after receiving the notice, | ||||||
26 | challenge: |
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1 | (1) the sufficiency of the notice; and | ||||||
2 | (2) the noticing party's qualification as an eligible | ||||||
3 | digital journalism provider. | ||||||
4 | Section 20. Compensation methods. A covered platform | ||||||
5 | shall: | ||||||
6 | (1) annually compensate digital journalism providers | ||||||
7 | for accessing the websites of the digital journalism | ||||||
8 | providers, with the compensation annually adjusted for | ||||||
9 | increases in the Consumer Price Index for All Urban | ||||||
10 | Consumers for all items published by the United States | ||||||
11 | Department of Labor and annually distributed to the | ||||||
12 | digital journalism providers as follows: | ||||||
13 | (A) no less than 1% of this amount shall be paid to | ||||||
14 | digital journalism providers that would receive less | ||||||
15 | than $25,000 under paragraph (B), to be distributed | ||||||
16 | annually on a pro rate basis among those digital | ||||||
17 | journalism providers, in addition to the amount those | ||||||
18 | digital journalism providers would receive under to | ||||||
19 | paragraph (B); and | ||||||
20 | (B) proportionally by the number of news | ||||||
21 | journalists and, subject to Section 35, freelancers, | ||||||
22 | who, in the previous calendar year, were employed by | ||||||
23 | each qualifying publication for the purpose of | ||||||
24 | producing content in Illinois that was accessed by a | ||||||
25 | platform; or |
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1 | (2) participate in a final arbitration process as | ||||||
2 | described in Section 25 and fully pay the arbitration | ||||||
3 | award, if any, within 30 days after the award. | ||||||
4 | Section 23. Distributions. | ||||||
5 | (a) A covered platform shall make distributions as | ||||||
6 | described in Section 20 either by: | ||||||
7 | (1) selecting an approved claims administrator. In | ||||||
8 | selecting an approved claims administrator the covered | ||||||
9 | platform shall ensure that the approved claims | ||||||
10 | administrator is well-qualified to perform the | ||||||
11 | distribution and has administered multiple settlements in | ||||||
12 | the State of Illinois that comply with complex civil | ||||||
13 | litigation class action settlement guidelines in at least | ||||||
14 | 2 State or federal courts in Illinois. The costs of | ||||||
15 | selecting an approved claims administrator to administer | ||||||
16 | the distributions shall be in addition to the amount | ||||||
17 | established in Section 20. | ||||||
18 | (2) distributing payments to digital journalism | ||||||
19 | providers itself, the costs of which shall be in addition | ||||||
20 | to the amount specified in Section 20. | ||||||
21 | (b) A final arbitration award under Section 25 to a | ||||||
22 | jointly participating group of digital journalism providers | ||||||
23 | shall be distributed proportionally by the number of news | ||||||
24 | journalists and, subject to Section 35, freelancers, who, in | ||||||
25 | the previous calendar year, were employed by each qualifying |
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1 | publication for the purpose of producing content in Illinois | ||||||
2 | that was accessed by a covered platform. | ||||||
3 | Section 25. Arbitration. | ||||||
4 | (a) The percentage of the covered platform's advertising | ||||||
5 | revenue remitted to notifying eligible digital journalism | ||||||
6 | providers shall be determined as described in this Section. | ||||||
7 | Eligible digital journalism providers shall jointly | ||||||
8 | participate in the final offer arbitration process described | ||||||
9 | in this Section with each covered platform to determine a | ||||||
10 | single percentage of advertising revenue from which the | ||||||
11 | distributions described in Section 23 will be allotted. | ||||||
12 | (b) Within 10 days after the receipt of the reply notice | ||||||
13 | required by subsection (d) of Section 15, an eligible digital | ||||||
14 | journalism provider may initiate, under Rule R-4 of the | ||||||
15 | American Arbitration Association's Commercial Arbitration | ||||||
16 | Rules and Mediation Procedures, a final offer arbitration | ||||||
17 | against the covered platform for an arbitration panel to | ||||||
18 | determine the percentage of the covered platform's advertising | ||||||
19 | revenue remitted to the notifying eligible digital journalism | ||||||
20 | providers. | ||||||
21 | (c) The arbitration procedure authorized by this | ||||||
22 | subsection shall commence 10 days after the receipt of the | ||||||
23 | reply notice described in subsection (d) of Section 15. | ||||||
24 | (d) The arbitration procedure authorized by this | ||||||
25 | subsection shall be decided by a panel of 3 arbitrators under |
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1 | the American Arbitration Association's Commercial Arbitration | ||||||
2 | Rules and Mediation Procedures and the American Arbitration | ||||||
3 | Association-International Centre for Dispute Resolution Final | ||||||
4 | Offer Arbitration Supplementary Rules, except to the extent | ||||||
5 | they conflict with this Section. | ||||||
6 | (e) The covered platform and the eligible digital | ||||||
7 | journalism providers shall each pay one-half of the cost of | ||||||
8 | administering the arbitration proceeding, including arbitrator | ||||||
9 | compensation, expenses, and administrative fees. | ||||||
10 | (f) The arbitrators shall be appointed in accordance with | ||||||
11 | the American Arbitration Association's Commercial Arbitration | ||||||
12 | Rules and Mediation Procedures. | ||||||
13 | (g) During a final offer arbitration proceeding under this | ||||||
14 | Section, all of the following shall apply: | ||||||
15 | (1) Eligible digital journalism providers and the | ||||||
16 | covered platform may demand the production of documents | ||||||
17 | and information that are non-privileged, reasonably | ||||||
18 | necessary, and reasonably accessible without undue | ||||||
19 | expense. Documents and information shall be exchanged no | ||||||
20 | later than 30 days after the date the demand is filed. | ||||||
21 | (2) Rules regarding the admissibility of evidence | ||||||
22 | under the American Arbitration Association's Commercial | ||||||
23 | Arbitration Rules and Mediation Procedures shall apply. | ||||||
24 | (3) Eligible digital journalism providers and the | ||||||
25 | covered platform shall each submit a final offer proposal | ||||||
26 | for the remuneration that the eligible digital journalism |
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1 | providers should receive from the covered platform for | ||||||
2 | access to the content of the eligible digital journalism | ||||||
3 | providers during the period under arbitration based on the | ||||||
4 | value that access provides to the platform. The final | ||||||
5 | offer proposals shall include backup materials sufficient | ||||||
6 | to permit the other party to replicate the proffered | ||||||
7 | valuation. | ||||||
8 | (4) A final offer proposal under this Section shall | ||||||
9 | not address whether or how the covered platform or any | ||||||
10 | eligible digital journalism provider displays, ranks, | ||||||
11 | distributes, suppresses, promotes, throttles, labels, | ||||||
12 | filters, or curates the content of the eligible digital | ||||||
13 | journalism providers or any other person. | ||||||
14 | (h) No later than 60 days after the date proceedings begin | ||||||
15 | as described in subsection (c), the arbitration panel shall | ||||||
16 | determine the percentage of the covered platform's advertising | ||||||
17 | revenue remitted to notifying eligible digital journalism | ||||||
18 | providers from a final offer from one of the parties without | ||||||
19 | modification. | ||||||
20 | (1) In making a determination, the arbitration panel | ||||||
21 | shall: | ||||||
22 | (A) refrain from considering any value conferred | ||||||
23 | upon any eligible digital journalism provider by the | ||||||
24 | covered platform for distributing or aggregating its | ||||||
25 | content as an offset to the value created by that | ||||||
26 | eligible digital journalism provider, unless the |
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1 | covered platform does not automatically access and | ||||||
2 | extract information from an eligible digital | ||||||
3 | journalism provider's website; | ||||||
4 | (B) consider past incremental revenue | ||||||
5 | contributions as a guide to the future incremental | ||||||
6 | revenue contribution by any eligible digital | ||||||
7 | journalism provider; | ||||||
8 | (C) consider the pricing, terms, and conditions of | ||||||
9 | any available, comparable commercial agreements | ||||||
10 | between parties granting access to digital content, | ||||||
11 | including pricing, terms, and conditions relating to | ||||||
12 | price, duration, territory, and the value of data | ||||||
13 | generated directly or indirectly by the content | ||||||
14 | accounting for any material disparities in negotiating | ||||||
15 | power between the parties to those commercial | ||||||
16 | agreements; | ||||||
17 | (D) if submitted with a final offer proposal, | ||||||
18 | consider the eligible digital journalism provider's | ||||||
19 | previous compliance with Section 40, if applicable; | ||||||
20 | and | ||||||
21 | (E) issue a standard binding arbitration award of | ||||||
22 | the percentage of the covered platform's advertising | ||||||
23 | revenue remitted to notifying eligible digital | ||||||
24 | journalism providers. | ||||||
25 | (2) Any party to the arbitration proceeding may elect | ||||||
26 | to appeal the decision of the arbitration panel as |
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1 | described in subsection (j) on the grounds of a procedural | ||||||
2 | irregularity. | ||||||
3 | (i) If the covered platform and any eligible digital | ||||||
4 | journalism providers have given notice under Section 15 reach | ||||||
5 | a settlement in lieu of arbitration, the settlement shall not | ||||||
6 | waive the eligible digital journalism provider's obligations | ||||||
7 | as described in Section 40 and shall not settle for an amount | ||||||
8 | other than the final offer proposals submitted by the parties | ||||||
9 | as described in paragraph (3) of subsection (g). | ||||||
10 | (j) No fewer than 24 months after the end of an arbitration | ||||||
11 | proceeding, any party to the proceeding may elect to restart | ||||||
12 | the arbitration process. | ||||||
13 | Section 30. Non-retaliation. | ||||||
14 | (a) A covered platform shall not retaliate against an | ||||||
15 | eligible digital journalism provider for asserting its rights | ||||||
16 | under this Act by refusing to index content or changing the | ||||||
17 | ranking, identification, modification, branding, or placement | ||||||
18 | of the content of the eligible digital journalism provider on | ||||||
19 | the covered platform. | ||||||
20 | (b) An eligible digital journalism provider that is | ||||||
21 | retaliated against may bring a civil action against the | ||||||
22 | covered platform. | ||||||
23 | (c) This Section does not prohibit a covered platform | ||||||
24 | from, and does not impose liability on a covered platform for, | ||||||
25 | enforcing its terms of service against an eligible journalism |
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1 | provider. | ||||||
2 | Section 35. Funding for journalists and support staff. | ||||||
3 | (a) An eligible digital journalism provider shall spend at | ||||||
4 | least 70% of funds received under this Act on news journalists | ||||||
5 | and support staff employed by the eligible digital journalism | ||||||
6 | provider, except that an eligible digital journalism provider | ||||||
7 | with 5 or fewer employees shall spend at least 50% of funds | ||||||
8 | received under this Act on news journalists and support staff | ||||||
9 | employed by the eligible digital journalism provider. | ||||||
10 | (b) No later than 30 days after the end of an arbitration | ||||||
11 | proceeding described in Section 25 or upon reaching a | ||||||
12 | settlement in lieu of an arbitration proceeding, the eligible | ||||||
13 | digital journalism provider shall provide notification in | ||||||
14 | writing of its plan to comply with subsection (a) to the news | ||||||
15 | journalists and support staff employed by the eligible digital | ||||||
16 | journalism provider and any representatives of those news | ||||||
17 | journalists or support staff. | ||||||
18 | (c) The eligible digital journalism provider's plan to | ||||||
19 | comply with subsection (a) shall include a good faith estimate | ||||||
20 | of the number of news journalists and support staff, if any, | ||||||
21 | expected to be hired, details regarding proposed compensation | ||||||
22 | adjustments, if any, and a disclosure if either hiring or | ||||||
23 | compensation adjustments are not expected. | ||||||
24 | Section 40. Reporting requirements. |
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1 | (a) No later than one year after the end of an arbitration | ||||||
2 | proceeding described in Section 25 or reaching a settlement in | ||||||
3 | lieu of an arbitration proceeding, and each year thereafter, | ||||||
4 | the eligible digital journalism provider shall compile a | ||||||
5 | report that includes: | ||||||
6 | (1) an attestation as to whether the eligible digital | ||||||
7 | journalism provider has complied with subsection (a) of | ||||||
8 | Section 35; | ||||||
9 | (2) the text of the digital journalism provider's plan | ||||||
10 | to comply with subsection (a) of Section 35; | ||||||
11 | (3) the total number of journalism usage fees received | ||||||
12 | from covered platforms; | ||||||
13 | (4) the name of each covered platform paying the | ||||||
14 | eligible digital journalism provider a journalism usage | ||||||
15 | fee and a description of how the eligible digital | ||||||
16 | journalism provider spent the journalism usage fee | ||||||
17 | payment, including any amount of journalism usage fees | ||||||
18 | remaining unspent; and | ||||||
19 | (5) the total number of news journalists and support | ||||||
20 | staff employed by the eligible digital journalism | ||||||
21 | provider, including the number of news journalists and | ||||||
22 | support staff hired or terminated during the previous | ||||||
23 | year. | ||||||
24 | (b) No later than one year after the end of an arbitration | ||||||
25 | proceeding described in Section 25 or reaching a settlement in | ||||||
26 | lieu of an arbitration proceeding, and each year thereafter, |
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1 | the eligible digital journalism provider shall publish a copy | ||||||
2 | of the report described in subsection (a) online in a | ||||||
3 | text-searchable format and provide a copy to the news | ||||||
4 | journalists and support staff employed by the eligible digital | ||||||
5 | journalism provider, any representatives of those news | ||||||
6 | journalists or support staff, and the covered platforms paying | ||||||
7 | journalism usage fees to the eligible digital journalism | ||||||
8 | provider. | ||||||
9 | Section 45. Preservation of rights. | ||||||
10 | (a) Nothing in this Act shall be construed as amending or | ||||||
11 | repealing the ability of an eligible digital journalism | ||||||
12 | provider or a covered platform to seek a preliminary or | ||||||
13 | permanent injunction or any other existing remedy at law or | ||||||
14 | equity. | ||||||
15 | (b) This Act does not modify, impair, expand, or in any way | ||||||
16 | alter rights pertaining to the federal Lanham Act (15 U.S.C. | ||||||
17 | 1051 et seq). | ||||||
18 | (c) This Act does not abridge or impair rights otherwise | ||||||
19 | reserved by news journalists, support staff, or their | ||||||
20 | representatives according to applicable law or existing | ||||||
21 | collective bargaining agreements. | ||||||
22 | Section 50. Severability. The provisions of this Act are | ||||||
23 | severable. If any provision of this act or its application is | ||||||
24 | held invalid, that invalidity shall not affect other |
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1 | provisions or applications that can be given effect without | ||||||
2 | the invalid provision or application.". |