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HF 1008

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:43am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/23/2009

Current Version - as introduced

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A bill for an act
relating to commerce; modifying grant timing and requirements for public
television and noncommercial radio stations; requiring a report; amending
Minnesota Statutes 2008, sections 129D.13; 129D.14, subdivisions 5, 6;
129D.155; proposing coding for new law in Minnesota Statutes, chapter 129D.

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

Section 1.

Minnesota Statutes 2008, section 129D.13, is amended to read:


129D.13 GRANTS.

Subdivision 1.

Distribution.

The commissioner shall distribute the money provided
by sections 129D.11 to 129D.13. deleted text begin Twicedeleted text end Annually the commissioner shall make block
grants which shall be distributed in equal amounts to public stations for operational costs.
The commissioner shall allocate money appropriated for the purposes of sections 129D.11
to 129D.13 in such a manner that each eligible public station receives a block grant. In
addition, the commissioner shall make matching grants to public stations. Matching grants
shall be used for operational costs and shall be allocated using the procedure developed
for distribution of state money under this section for grants made in fiscal year 1979. No
station's matching grant in any fiscal year shall exceed the amount of Minnesota-based
contributions received by that station in the previous fiscal year. Grants made pursuant to
this subdivision may only be given to those federally licensed stations that are certified as
eligible for community service grants through the Corporation for Public Broadcasting.
new text begin Grant funds not expended by a station during the first year of the biennium do not cancel
and may be carried over into the second fiscal year.
new text end

Subd. 2.

Exclusions from contribution amount.

In calculating the amount of
contributions received by a public station pursuant to subdivision 1, there shall be
excluded: contributions, whether monetary or in kind, from the Corporation for Public
Broadcasting; tax generated funds, including payments by public or private elementary
and secondary schools; that portion of any foundation or corporation donation in excess
of deleted text begin $500deleted text end new text begin $2,500new text end from any one contributor in deleted text begin a calendardeleted text end new text begin the previous station fiscalnew text end year;
contributions from any source if made for the purpose of capital expenditures; and
contributions from all sources based outside the state.

Subd. 3.

Report.

Each deleted text begin educationaldeleted text end station receiving a grant shall deleted text begin annuallydeleted text end report deleted text begin by
July 1
deleted text end to the commissioner the purposes for which the money was used in the past deleted text begin fiscal
year
deleted text end new text begin bienniumnew text end and the anticipated use of the money in the next deleted text begin fiscal yeardeleted text end new text begin bienniumnew text end .new text begin This
report shall be submitted along with a new grant request submission.
new text end deleted text begin The report shall be
certified by an independent auditor or a certified public accountant.
deleted text end If the report is not
submitted deleted text begin by September 1deleted text end , the commissioner deleted text begin may withhold from the educational station
45 percent of the amount to which it was entitled based upon the contribution of the
previous fiscal year, and
deleted text end may redistribute that money to other educational stations.

Subd. 4.

Program categories and funding programs.

The Board of the Arts
may develop program categories and funding programs in television, film and other
public media.

Sec. 2.

Minnesota Statutes 2008, section 129D.14, subdivision 5, is amended to read:


Subd. 5.

State community service block grants.

(a) The commissioner shall
determine eligibility for block grants and the allocation of block grant money on the basis
of audited financial records of the station to receive the block grant funds for the station's
fiscal year preceding the year in which the grant is made, as well as on the basis of the
other requirements set forth in this section. The commissioner shall annually distribute
block grants equally to all stations that comply with the eligibility requirements and for
which a licensee applies for a block grant.new text begin Grant funds not expended by a station during
the first year of the biennium do not cancel and may be carried over into the second fiscal
year.
new text end The commissioner may promulgate rules to implement this section.

(b) A station may use grant money under this section for any radio station expenses.

Sec. 3.

Minnesota Statutes 2008, section 129D.14, subdivision 6, is amended to read:


Subd. 6.

Audit.

A station that receives a grant under this section shall have an
audit of its financial records made by an independent auditor or Corporation for Public
Broadcasting accepted audit at the end of the fiscal year for which it received the grant.
deleted text begin The audit shall include a review of station promotion, operation, and management and an
analysis of the station's use of the grant money.
deleted text end A copy of thenew text begin most recentnew text end audit shall be
filed with the commissioner. deleted text begin If neither is available,deleted text end The commissioner may accept a letter
of negative assurance from an independent auditor or a certified public accountant.

Sec. 4.

new text begin [129D.151] REPORT.
new text end

new text begin Before receiving funding under sections 129D.11 to 129D.14, a public radio or
public television station or network that is to receive funding must agree to submit an
annual report to the commissioner. The report must list all sources of revenue for the
station or network and any for-profit subsidiaries. This must include all federal, state, or
local funds received; private and corporate gifts, grants, and other donations, including
conditions placed on the use of these; and investment earnings.
new text end

Sec. 5.

Minnesota Statutes 2008, section 129D.155, is amended to read:


129D.155 REPAYMENT OF FUNDS.

State funds distributed to public television or noncommercial radio stations and used
to purchase equipment assets must be repaid to the state, without interest, if the assets
purchased with these funds are soldnew text begin within five yearsnew text end or otherwise converted to a person
other than a nonprofit or municipal corporation. The amount due to the state shall be the
net amount realized from the sale of the assets, but shall not exceed the amount of state
funds advanced for the purchase of the asset. deleted text begin Public television and noncommercial radio
stations receiving state funds must report biennially to the legislature on the location and
usage of assets purchased with state funds.
deleted text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective the day following final enactment.
new text end