SB180INTRODUCED
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SB180
XLR3ZEE-1
By Senator Carnley
RFD: County and Municipal Government
First Read: 20-Feb-25
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5 XLR3ZEE-1 02/12/2025 THR (L)ma 2025-776
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First Read: 20-Feb-25
SYNOPSIS:
This bill would prohibit a state or local agency
from entering into an agreement with a media monitoring
organization or a company that uses the services of a
media monitoring organization, or from providing
support to a media monitoring organization.
This bill would require any company attempting
to enter into an agreement with a state or local agency
to certify that the company will refrain from entering
into an agreement with a media monitoring organization
or a company that uses the services of a media
monitoring organization.
This bill would also require a contractor to
certify that the contractor has not entered into an
agreement with a media monitoring organization or a
company that uses the services of a media monitoring
organization before the contractor can modify an
agreement with a state or local agency.
A BILL
TO BE ENTITLED
AN ACT
Relating to state and local government; to prevent
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Relating to state and local government; to prevent
certain state and local agencies from entering into agreements
with media monitoring organizations; and to require such
agencies to take certain actions regarding contractors and
companies with relation to media monitoring organizations.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. For the purposes of this act, the following
terms have the following meanings:
(1) AGENCY. The state or any political subdivision of
the state; or any department, agency, division, council,
bureau, board, public corporation, educational institution, or
authority of the state or any political subdivision of the
state.
(2) COMPANY. Any sole proprietorship, organization,
association, corporation, partnership, joint venture, limited
partnership, limited liability partnership, limited liability
company, or other entity or business association, including
all wholly owned subsidiaries, majority-owned subsidiaries,
parent companies, or affiliates of any entity or business
association, whether for profit or not for profit.
(3) MEDIA MONITORING ORGANIZATION. a. Any company
created to do either of the following:
1. Rate or rank news or information services for the
factual accuracy of their content, whether published online,
in print, by audio, or digitally, or broadcast via radio,
television, cable, streaming service, or any other way news is
delivered to the public.
2. Provide ratings or rankings of new sources based on
misinformation, bias, adherence to journalistic standards or
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misinformation, bias, adherence to journalistic standards or
ethics, including, but not limited to, organizations that
claim to engage in fact-checking or determining overall news
accuracy.
b. The term does not include organizations that rate
media outlets for audience size, viwership, or demographic
information or that monitor media outlets for the purposes of
compiling press or video clippings or aggregating news sources
for the purposes of public relations or public awareness,
unless an organization also engages in the activities
described in subparagraphs a.1. or b.1.
Section 2. (a) An agency shall not do any of the
following:
(1) Enter into any contract or other agreement with any
media monitoring organization.
(2) Enter into any contract or agreement with any
advertising or marketing agency that uses the services of a
media monitoring organization.
(3) Provide support in any form to a media monitoring
organization, other than non discretionary actions otherwise
required by law.
(b) An agency shall require any company that submits a
bid or proposal for a contract for marketing services to
certify that the company is in compliance with subdivisions
(a)(1) and (a)(2).
(c) An agency shall obtain from any contractor a
certification that the contractor is in compliance with
subdivisions (a)(1) and (a)(2) prior to extending, renewing,
or otherwise modifying an agreement or contract for
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or otherwise modifying an agreement or contract for
advertising or marketing services with the contractor
effective on October 1, 2025.
(d) Nothing in this act shall prevent an agency from
contracting for services which aggregate news articles or
information relevant to the agency or its constituents.
(e) Nothing in this act shall prevent a company from
providing analytical or statistical information on the
performance of advertisements placed by an agency.
Section 3. This act shall become effective on October
1, 2025.
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