Bill Text: MN SF1524 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Noncommercial radio station grants conditions modifications and appropriations
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-04-02 - Referred to Finance [SF1524 Detail]
Download: Minnesota-2013-SF1524-Introduced.html
1.2relating to state government; changing requirements for radio station grants;
1.3appropriating money; amending Minnesota Statutes 2012, section 129D.14,
1.4subdivisions 2, 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 129D.14, subdivision 2, is amended to read:
1.7 Subd. 2. Definitions. As used in this section, the terms defined in this subdivision
1.8have the meanings given them.
1.9(a) "Corporation for Public Broadcasting" or "CPB" means the nonprofit organization
1.10established pursuant to United States Code, title 47, section 396.
1.11(b) "Federal Communications Commission" or "FCC" means the federal agency
1.12established pursuant to United States Code, title 47, section 151.
1.13(c) "Licensee" means the individual or business entity to whom the Federal
1.14Communications Commission has issued the license to operate a noncommercial radio
1.15station.
1.16(d) "Noncommercial radio station" means a station operated by a licensee as a
1.17noncommercial educational radio station under a licenseor program test authority from
1.18the Federal Communications Commission as a noncommercial educational radio station,
1.19licensed to a community within the state and serving a segment of the population of
1.20the state.
1.21(e) "Operating income" may include:
1.22(1) individual and other community contributions;
1.23(2) all grants received from the Corporation for Public Broadcasting;
2.1(3) grants received from foundations, corporations, or federal, state, or local agencies
2.2or other sources for the purpose of programming or general operating support;
2.3(4) interest income;
2.4(5) earned income;
2.5(6) employee salaries paid through the federal Comprehensive Employment and
2.6Training Act, or other similar public employment programs, provided that only salary
2.7expended for employee duties directly relating to radio station operations shall be counted;
2.8(7) employee salaries paid through supporting educational institutions, provided that
2.9only salary expended for employee duties directly relating to radio station operations
2.10shall be counted;
2.11(8) direct operating costs provided by supporting educational institutions; and
2.12(9) no more than $15,000 in volunteer time calculated at the federal minimum wage.
2.13The following are specifically excluded in determining a station's operating income:
2.14(1) dollar representations in in-kind assistance from any source except as stipulated
2.15in clauses (8) and (9) above;
2.16(2) grants or contributions from any source for the purpose of purchasing capital
2.17improvements or equipment; and
2.18(3) noncommercial radio station grants received in the previous fiscal year pursuant
2.19to this section.
2.20(f) "Local" means the area designated by the FCC's 60 dBu contour map.
2.21 Sec. 2. Minnesota Statutes 2012, section 129D.14, subdivision 3, is amended to read:
2.22 Subd. 3. Eligibility. (a) To qualify for a grant under this section, the licenseeshall
2.23 must:
2.24(a) (1) hold a valid noncommercial educational radio station license or program test
2.25authority classified as Class A or C FM, as defined under Code of Federal Regulations, title
2.2647, section 73.210, or Class C or D AM, as defined under Code of Federal Regulations, title
2.2747, section 73.21, in the state of Minnesota from the Federal Communications Commission;
2.28(b) (2) have facilities adequate to provide local program production and origination
2.29 professional-grade broadcast equipment and professional-grade broadcast studio facilities,
2.30adhere to practical and professional engineering standards and practices for broadcast
2.31facilities, and not be operating under an FCC main studio waiver;
2.32(c) (3) employ a minimum of two full-time professional radio staff persons or the
2.33equivalent in part-time staff and agree to employ a minimum of two full-time professional
2.34radio staff persons or the equivalent in part-time staff throughout the fiscal year of the grant;
3.1(d) (4) maintain a minimum daily broadcasting schedule of (1) the maximum
3.2allowed by its Federal Communications Commission licenseor (2) 12 hours a day during
3.3the first year of eligibility for state assistance, 15 hours a day during the second year of
3.4eligibility and 18 hours a day during the third and following years of eligibility, unless
3.5otherwise dictated by the station's FCC license;
3.6(e) (5) broadcast 365 days a year or the maximum number of days allowed by its
3.7Federal Communications Commission license, with an exception for power outages and
3.8natural disasters;
3.9(f) (6) have a daily broadcast schedule devoted primarily to programming that serves
3.10ascertained community needs of an educational, informational or cultural nature within
3.11its primary signal area; however, a program schedule of a main channel carrier designed
3.12to further the principles of one or more particular religious philosophies or including 25
3.13percent or more religious programming on a broadcast day does not meet this criterion,
3.14nor does a program schedule of a main channel carrier designed primarily for in-school or
3.15professional in-service audiences;
3.16(g) (7) originate significant, at least 50 hours per week of locally produced
3.17programming designed to serve its community of license;
3.18(h) (8) have a total annual operating income and budget of at least $50,000;
3.19(i) (9) have either a board of directors representing the community or a community
3.20advisory board that conducts advisory board meetings that are open to the public;
3.21(j) (10) have a board of directors that: (1) (i) holds the portion of any meeting
3.22relating to the management or operation of the radio station open to the public and(2)
3.23 (ii) permits any person to attend any meeting of the board without requiring a person,
3.24as a condition to attendance at the meeting, to register the person's name or to provide
3.25any other information;and
3.26(k) (11) have met the criteria in clauses (a) (1) to (j) (10) for six months before it is
3.27eligible for state assistance under this section; and
3.28(12) have a primary signal that is not operating under a time share agreement as
3.29defined by Code of Federal Regulations, title 47, section 73.561.
3.30(b) The commissioner shall accept the judgment of Corporation for Public
3.31Broadcasting accepted audit when it is available on a station's eligibility for assistance
3.32under the criteria of this subdivision. If the station is not qualified for assistance or is
3.33qualified for but not receiving funding from the Corporation for Public Broadcasting, an
3.34independent audit is required to verify eligibility under paragraph (a), clause (8). If neither
3.35is available, the commissioner may accept a written declaration of eligibility signed by
4.1an independent auditor, a certified public accountant, or the chief executive officer of the
4.2station's parent organizationif it is an institution of education.
4.3 Sec. 3. PUBLIC BROADCASTING; APPROPRIATION.
4.4$392,000 in fiscal year 2014 and $392,000 in fiscal year 2015 are appropriated from
4.5the general fund to the commissioner of administration for community service grants
4.6to public educational radio stations. This appropriation may be used to disseminate
4.7emergency information in foreign languages. Grants must be allocated after considering
4.8the recommendations of the Association of Minnesota Public Educational Radio Stations
4.9according to Minnesota Statutes, section 129D.14.
4.10 Sec. 4. PUBLIC EDUCATIONAL RADIO STATIONS; APPROPRIATION.
4.11$117,000 in fiscal year 2014 and $117,000 in fiscal year 2015 are appropriated from
4.12the general fund to the commissioner of administration for equipment grants to public
4.13educational radio stations for the purchase of equipment. This appropriation may be used
4.14for the repair, rental, and purchase of equipment, including equipment under $5,000. Grants
4.15must be allocated after considering the recommendations of the Association of Minnesota
4.16Public Educational Radio Stations according to Minnesota Statutes, section 129D.14.
4.17 Sec. 5. REDUCTIONS SHARED.
4.18In the event a new public radio station becomes eligible for state funding during a
4.19biennium and it is necessary to reduce the grant amount to existing grantees to fund the new
4.20station or stations, the reduction shall be equal among all grantees, including Minnesota
4.21Public Radio and the Association of Minnesota Public Educational Radio Stations.
1.3appropriating money; amending Minnesota Statutes 2012, section 129D.14,
1.4subdivisions 2, 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 129D.14, subdivision 2, is amended to read:
1.7 Subd. 2. Definitions. As used in this section, the terms defined in this subdivision
1.8have the meanings given them.
1.9(a) "Corporation for Public Broadcasting" or "CPB" means the nonprofit organization
1.10established pursuant to United States Code, title 47, section 396.
1.11(b) "Federal Communications Commission" or "FCC" means the federal agency
1.12established pursuant to United States Code, title 47, section 151.
1.13(c) "Licensee" means the individual or business entity to whom the Federal
1.14Communications Commission has issued the license to operate a noncommercial radio
1.15station.
1.16(d) "Noncommercial radio station" means a station operated by a licensee as a
1.17noncommercial educational radio station under a license
1.18the Federal Communications Commission as a noncommercial educational radio station,
1.19licensed to a community within the state and serving a segment of the population of
1.20the state.
1.21(e) "Operating income" may include:
1.22(1) individual and other community contributions;
1.23(2) all grants received from the Corporation for Public Broadcasting;
2.1(3) grants received from foundations, corporations, or federal, state, or local agencies
2.2or other sources for the purpose of programming or general operating support;
2.3(4) interest income;
2.4(5) earned income;
2.5(6) employee salaries paid through the federal Comprehensive Employment and
2.6Training Act, or other similar public employment programs, provided that only salary
2.7expended for employee duties directly relating to radio station operations shall be counted;
2.8(7) employee salaries paid through supporting educational institutions, provided that
2.9only salary expended for employee duties directly relating to radio station operations
2.10shall be counted;
2.11(8) direct operating costs provided by supporting educational institutions; and
2.12(9) no more than $15,000 in volunteer time calculated at the federal minimum wage.
2.13The following are specifically excluded in determining a station's operating income:
2.14(1) dollar representations in in-kind assistance from any source except as stipulated
2.15in clauses (8) and (9) above;
2.16(2) grants or contributions from any source for the purpose of purchasing capital
2.17improvements or equipment; and
2.18(3) noncommercial radio station grants received in the previous fiscal year pursuant
2.19to this section.
2.20(f) "Local" means the area designated by the FCC's 60 dBu contour map.
2.21 Sec. 2. Minnesota Statutes 2012, section 129D.14, subdivision 3, is amended to read:
2.22 Subd. 3. Eligibility. (a) To qualify for a grant under this section, the licensee
2.23 must:
2.24
2.25
2.2647, section 73.210, or Class C or D AM, as defined under Code of Federal Regulations, title
2.2747, section 73.21, in the state of Minnesota from the Federal Communications Commission;
2.28
2.29 professional-grade broadcast equipment and professional-grade broadcast studio facilities,
2.30adhere to practical and professional engineering standards and practices for broadcast
2.31facilities, and not be operating under an FCC main studio waiver;
2.32
2.33equivalent in part-time staff and agree to employ a minimum of two full-time professional
2.34radio staff persons or the equivalent in part-time staff throughout the fiscal year of the grant;
3.1
3.2allowed by its Federal Communications Commission license
3.3
3.4
3.5otherwise dictated by the station's FCC license;
3.6
3.7
3.8natural disasters;
3.9
3.10ascertained community needs of an educational, informational or cultural nature within
3.11its primary signal area; however, a program schedule of a main channel carrier designed
3.12to further the principles of one or more particular religious philosophies or including 25
3.13percent or more religious programming on a broadcast day does not meet this criterion,
3.14nor does a program schedule of a main channel carrier designed primarily for in-school or
3.15professional in-service audiences;
3.16
3.17programming designed to serve its community of license;
3.18
3.19
3.20advisory board that conducts advisory board meetings that are open to the public;
3.21
3.22relating to the management or operation of the radio station open to the public and
3.23 (ii) permits any person to attend any meeting of the board without requiring a person,
3.24as a condition to attendance at the meeting, to register the person's name or to provide
3.25any other information;
3.26
3.27eligible for state assistance under this section; and
3.28(12) have a primary signal that is not operating under a time share agreement as
3.29defined by Code of Federal Regulations, title 47, section 73.561.
3.30(b) The commissioner shall accept the judgment of Corporation for Public
3.31Broadcasting accepted audit when it is available on a station's eligibility for assistance
3.32under the criteria of this subdivision. If the station is not qualified for assistance or is
3.33qualified for but not receiving funding from the Corporation for Public Broadcasting, an
3.34independent audit is required to verify eligibility under paragraph (a), clause (8). If neither
3.35is available, the commissioner may accept a written declaration of eligibility signed by
4.1an independent auditor, a certified public accountant, or the chief executive officer of the
4.2station's parent organization
4.3 Sec. 3. PUBLIC BROADCASTING; APPROPRIATION.
4.4$392,000 in fiscal year 2014 and $392,000 in fiscal year 2015 are appropriated from
4.5the general fund to the commissioner of administration for community service grants
4.6to public educational radio stations. This appropriation may be used to disseminate
4.7emergency information in foreign languages. Grants must be allocated after considering
4.8the recommendations of the Association of Minnesota Public Educational Radio Stations
4.9according to Minnesota Statutes, section 129D.14.
4.10 Sec. 4. PUBLIC EDUCATIONAL RADIO STATIONS; APPROPRIATION.
4.11$117,000 in fiscal year 2014 and $117,000 in fiscal year 2015 are appropriated from
4.12the general fund to the commissioner of administration for equipment grants to public
4.13educational radio stations for the purchase of equipment. This appropriation may be used
4.14for the repair, rental, and purchase of equipment, including equipment under $5,000. Grants
4.15must be allocated after considering the recommendations of the Association of Minnesota
4.16Public Educational Radio Stations according to Minnesota Statutes, section 129D.14.
4.17 Sec. 5. REDUCTIONS SHARED.
4.18In the event a new public radio station becomes eligible for state funding during a
4.19biennium and it is necessary to reduce the grant amount to existing grantees to fund the new
4.20station or stations, the reduction shall be equal among all grantees, including Minnesota
4.21Public Radio and the Association of Minnesota Public Educational Radio Stations.
