HF 1728

as introduced - 88th Legislature (2013 - 2014) Posted on 04/08/2013 02:49pm

A bill for an act
relating to state government; changing requirements for radio station grants;
appropriating money; amending Minnesota Statutes 2012, section 129D.14,
subdivisions 2, 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 129D.14, subdivision 2, is amended to read:

Subd. 2.

Definitions.

As used in this section, the terms defined in this subdivision
have the meanings given them.

(a) "Corporation for Public Broadcasting" new text begin or "CPB" new text end means the nonprofit organization
established pursuant to United States Code, title 47, section 396.

(b) "Federal Communications Commission" new text begin or "FCC" new text end means the federal agency
established pursuant to United States Code, title 47, section 151.

(c) "Licensee" means the individual or business entity to whom the Federal
Communications Commission has issued the license to operate a noncommercial radio
station.

(d) "Noncommercial radio station" means a station operated by a licensee as a
noncommercial educational radio station under a license deleted text begin or program test authority deleted text end from
the Federal Communications Commission as a noncommercial educational radio station,
licensed to a community within the state and serving a segment of the population of
the state.

(e) "Operating income" may include:

(1) individual and other community contributions;

(2) all grants received from the Corporation for Public Broadcasting;

(3) grants received from foundations, corporations, or federal, state, or local agencies
or other sources for the purpose of programming or general operating support;

(4) interest income;

(5) earned income;

(6) employee salaries paid through the federal Comprehensive Employment and
Training Act, or other similar public employment programs, provided that only salary
expended for employee duties directly relating to radio station operations shall be counted;

(7) employee salaries paid through supporting educational institutions, provided that
only salary expended for employee duties directly relating to radio station operations
shall be counted;

(8) direct operating costs provided by supporting educational institutions; and

(9) no more than $15,000 in volunteer time calculated at the federal minimum wage.

The following are specifically excluded in determining a station's operating income:

(1) dollar representations in in-kind assistance from any source except as stipulated
in clauses (8) and (9) above;

(2) grants or contributions from any source for the purpose of purchasing capital
improvements or equipment; and

(3) noncommercial radio station grants received in the previous fiscal year pursuant
to this section.

new text begin (f) "Local" means the area designated by the FCC's 60 dBu contour map.
new text end

Sec. 2.

Minnesota Statutes 2012, section 129D.14, subdivision 3, is amended to read:

Subd. 3.

Eligibility.

new text begin (a) new text end To qualify for a grant under this section, the licensee deleted text begin shall
deleted text end new text begin must new text end :

deleted text begin (a) deleted text end new text begin (1) new text end hold a valid noncommercial educational radio station license deleted text begin or program test
authority deleted text end new text begin classified as Class A or C FM, as defined under Code of Federal Regulations, title
47, section 73.210, or Class C or D AM, as defined under Code of Federal Regulations, title
47, section 73.21, in the state of Minnesota new text end from the Federal Communications Commission;

deleted text begin (b) deleted text end new text begin (2) new text end have deleted text begin facilities adequate to provide local program production and origination
deleted text end new text begin professional-grade broadcast equipment and professional-grade broadcast studio facilities,
adhere to practical and professional engineering standards and practices for broadcast
facilities, and not be operating under an FCC main studio waiver new text end ;

deleted text begin (c) deleted text end new text begin (3) new text end employ a minimum of two full-time professional radio staff persons or the
equivalent in part-time staff and agree to employ a minimum of two full-time professional
radio staff persons or the equivalent in part-time staff throughout the fiscal year of the grant;

deleted text begin (d) deleted text end new text begin (4) new text end maintain a minimum daily broadcasting schedule of deleted text begin (1) deleted text end the maximum
allowed by its Federal Communications Commission license deleted text begin or (2) 12 hours a day during
the first year of eligibility for state assistance, 15 hours a day during the second year of
eligibility and 18 hours a day during the third and following years of eligibility deleted text end new text begin , unless
otherwise dictated by the station's FCC license new text end ;

deleted text begin (e) deleted text end new text begin (5) new text end broadcast 365 days a year deleted text begin or the maximum number of days allowed by its
Federal Communications Commission license deleted text end new text begin , with an exception for power outages and
natural disasters new text end ;

deleted text begin (f) deleted text end new text begin (6) new text end have a daily broadcast schedule devoted primarily to programming that serves
ascertained community needs of an educational, informational or cultural nature within
its primary signal area; however, a program schedule of a main channel carrier designed
to further the principles of one or more particular religious philosophies or including 25
percent or more religious programming on a broadcast day does not meet this criterion,
nor does a program schedule of a main channel carrier designed primarily for in-school or
professional in-service audiences;

deleted text begin (g) deleted text end new text begin (7) new text end originate deleted text begin significant, deleted text end new text begin at least 50 hours per week of new text end locally produced
programming designed to serve its community of license;

deleted text begin (h) deleted text end new text begin (8) new text end have a total annual operating income and budget of at least $50,000;

deleted text begin (i) deleted text end new text begin (9) new text end have either a board of directors representing the community or a community
advisory board that conducts advisory board meetings that are open to the public;

deleted text begin (j) deleted text end new text begin (10) new text end have a board of directors that: deleted text begin (1) deleted text end new text begin (i) new text end holds the portion of any meeting
relating to the management or operation of the radio station open to the public and deleted text begin (2)
deleted text end new text begin (ii) new text end permits any person to attend any meeting of the board without requiring a person,
as a condition to attendance at the meeting, to register the person's name or to provide
any other information; deleted text begin and
deleted text end

deleted text begin (k) deleted text end new text begin (11) new text end have met the criteria in clauses deleted text begin (a) deleted text end new text begin (1) new text end to deleted text begin (j) deleted text end new text begin (10) new text end for six months before it is
eligible for state assistance under this section new text begin ; and
new text end

new text begin (12) have a primary signal that is not operating under a time share agreement as
defined by Code of Federal Regulations, title 47, section 73.561 new text end .

new text begin (b) new text end The commissioner shall accept the judgment of Corporation for Public
Broadcasting accepted audit when it is available on a station's eligibility for assistance
under the criteria of this subdivision. If the station is not qualified for assistance new text begin or is
qualified for but not receiving funding new text end from the Corporation for Public Broadcasting, an
independent audit is required new text begin to verify eligibility under paragraph (a), clause (8) new text end . If neither
is available, the commissioner may accept a written declaration of eligibility signed by
an independent auditor, a certified public accountant, or the chief executive officer of the
station's parent organization deleted text begin if it is an institution of education deleted text end .

Sec. 3. new text begin PUBLIC BROADCASTING; APPROPRIATION.
new text end

new text begin $392,000 in fiscal year 2014 and $392,000 in fiscal year 2015 are appropriated from
the general fund to the commissioner of administration for community service grants
to public educational radio stations. This appropriation may be used to disseminate
emergency information in foreign languages. Grants must be allocated after considering
the recommendations of the Association of Minnesota Public Educational Radio Stations
according to Minnesota Statutes, section 129D.14.
new text end

Sec. 4. new text begin PUBLIC EDUCATIONAL RADIO STATIONS; APPROPRIATION.
new text end

new text begin $117,000 in fiscal year 2014 and $117,000 in fiscal year 2015 are appropriated from
the general fund to the commissioner of administration for equipment grants to public
educational radio stations for the purchase of equipment. This appropriation may be used
for the repair, rental, and purchase of equipment, including equipment under $5,000. Grants
must be allocated after considering the recommendations of the Association of Minnesota
Public Educational Radio Stations according to Minnesota Statutes, section 129D.14.
new text end

Sec. 5. new text begin REDUCTIONS SHARED.
new text end

new text begin In the event a new public radio station becomes eligible for state funding during a
biennium and it is necessary to reduce the grant amount to existing grantees to fund the new
station or stations, the reduction shall be equal among all grantees, including Minnesota
Public Radio and the Association of Minnesota Public Educational Radio Stations.
new text end