History: L. 1974, ch. 355, § 1; L. 1977, ch. 303, § 7; Repealed, L. 1993, ch. 268, § 16; July 1.
History: L. 1974, ch. 355, § 2; L. 1975, ch. 416, § 22; Repealed, L. 1977, ch. 303, § 8; April 11.
History: L. 1974, ch. 355, §§ 3, 4; Repealed, L. 1977, ch. 303, § 8; April 11.
History: L. 1977, ch. 303, §§ 1, 2; L. 1985, ch. 286, §§ 1, 2; Repealed, L. 1993, ch. 268, § 16; July 1.
History: L. 1977, ch. 303, § 3; L. 1979, ch. 295, § 1; L. 1985, ch. 286, § 3; L. 1992, ch. 255, § 2; Repealed, L. 1993, ch. 268, § 16; July 1.
History: L. 1977, ch. 303, § 4; L. 1979, ch. 295, § 2; L. 1982, ch. 367, § 1; Repealed, L. 1985, ch. 286, § 6; July 1.
History: L. 1977, ch. 303, § 5; L. 1985, ch. 286, § 4; Repealed, L. 1993, ch. 268, § 16; July 1.
History: L. 1977, ch. 303, § 6; L. 1979, ch. 295, § 3; L. 1985, ch. 286, § 5; Repealed, L. 1993, ch. 268, § 16; July 1.
History: L. 1981, ch. 19, § 9; Repealed, L. 1993, ch. 268, § 16; July 1.
History: L. 1992, ch. 255, § 1; L. 1993, ch. 268, § 14; July 1.
History: L. 1993, ch. 268, § 1; July 1.
(a) "Kansas public television station" or "television station" means a noncommercial public television broadcasting station licensed as such by the federal communications commission which operates from a community located in Kansas and meets the minimum criteria for receipt of a community service grant set by the corporation for public broadcasting. These terms also include public television station KCPT, which provides primary service to five Kansas counties.
(b) "Kansas public radio station" or "radio station" means a noncommercial public radio broadcasting station which is licensed as such by the federal communications commission and which operates from a community located in Kansas and meets the minimum criteria for receipt of community service grants as set by the corporation for public broadcasting. These terms also include public radio station KKSU-AM, which provides extensive service to most of Kansas.
(c) "Eligible station" means a radio station or television station which has been fully qualified under the grant criteria of the corporation for public broadcasting for a period of four years prior to applying for a grant under this act. Any station seeking to become eligible after the effective date of this act must comply with the requirements of K.S.A. 75-4921 and amendments thereto as a condition of eligibility. In the event that the corporation for public broadcasting ceases to exist, or its community service grant program should terminate, or the eligibility criteria for community service grants should be lowered, then the criteria for eligibility for such grants which were extant on July 1, 1992, shall be applicable for purposes of this act and the methods of calculating and reporting financial information for all purposes shall be those extant on that date. Public radio station KKSU-AM shall be an eligible station and shall be eligible to receive grants under the Kansas public broadcasting council act until such time as 2/3 of all members of the Kansas public broadcasting council vote to find that public radio station KKSU-AM is no longer an eligible station and is not eligible to receive such grants.
(d) "Station" means any eligible radio station or television station.
(e) "Nonfederal, nonlicensee financial support" means the total sum of nonfederal financial support reported to the corporation for public broadcasting under its community service grant program, minus any amount of noncash or in-kind funds included, and minus any cash support provided by the licensee of the station, and minus any grants received from state sources.
(f) "Population covered" means the total population in the counties covered by each eligible station and its associated transmitters or translators as reported in the most recent United States decennial census. The counties covered by each station are to be determined as set forth in K.S.A. 75-4924 and amendments thereto.
(g) (1) For purposes of grants for a radio station for the fiscal year ending June 30, 1997, "per capita earned revenue" means the radio station's nonfederal, nonlicensee financial support divided by the population covered, yielding the revenue that radio station has generated per capita.
(2) For purposes of grants for a television station for the fiscal year ending June 30, 1997, "per capita earned revenue" means the television station's total nonfederal, nonlicensee financial support divided by the number of weekly cume households as reported in the most recent "PBS All-Station Cume Report," yielding the revenue that television station has generated per viewing household.
(3) For purposes of grants for any station for the fiscal year ending June 30, 1998, and for each fiscal year thereafter, "per capita earned revenue" means the station's nonfederal, nonlicensee financial support divided by the population covered, yielding the revenue that the station has generated per capita.
(h) "Radio repeater station" means a radio station in the broadcasting service that is a fully licensed broadcast radio station by the federal communications commission, that is owned and operated by a member radio station of the Kansas public broadcasting council for the purpose of repeating the signal of such member radio station, and that does not originate programming locally under a waiver of the requirement of the federal communications commission to originate programming locally.
(i) "Radio translator station" means a radio station in the broadcasting service that is licensed by the federal communications commission, that is owned and operated by a member radio station of the Kansas public broadcasting council for the purpose of retransmitting the signal of such member radio station, and that, as licensed by the federal communications commission, has a transmitter power output that does not exceed an effective radiated power for FM of 250 watts.
(j) "Television repeater station" means a television station in the broadcast service that is a fully licensed broadcast television station by the federal communications commission, that is owned and operated by a member television station of the Kansas public broadcasting council for the purpose of repeating the signal of such member television station, and that does not originate programming locally under a waiver of the requirement of the federal communications commission to originate programming locally.
(k) "Television translator station" means a television station in the broadcast service that is licensed by the federal communications commission, that is owned and operated by a member television station of the Kansas public broadcasting council for the purpose of retransmitting the signal of such member television station, and that, as licensed by the federal communications commission, has a transmitter power output that does not exceed an effective radiated power for VHF of 10 watts and for UHF of 1,000 watts.
History: L. 1993, ch. 268, § 2; L. 1996, ch. 80, § 1; July 1.
(b) Funds appropriated for allocation and distribution under this act shall be appropriated for fiscal years commencing on and after July 1, 1994, and shall be appropriated to the department of administration for distribution in accordance with this act. The provisions of the Kansas public broadcasting council act relating to appropriations, distributions, grants and expenditures of funds shall become effective with fiscal years commencing on and after July 1, 1994. The provisions of the Kansas public broadcasting council act relating to appropriations, distributions, grants and expenditures of funds shall not apply to appropriations, distributions, grants and expenditures of funds for the fiscal year ending June 30, 1994.
History: L. 1993, ch. 268, § 3; July 1.
(b) Funds appropriated for the purpose of making grants under the Kansas public broadcasting council act for the fiscal year ending June 30, 1998, and for each fiscal year thereafter, shall be allocated as follows:
(1) First, rural service grants shall be allocated to stations as provided in subsection (c); and
(2) then the amount of the appropriated funds for the fiscal year remaining unallocated after the allocation of amounts for rural service grants shall be divided into two grant pools, with 50% of the remaining appropriated funds constituting a grant pool for basic service grants under K.S.A. 75-4917 and amendments thereto and 50% of the remaining appropriated funds constituting a grant pool for incentive grants under K.S.A. 75-4918 and amendments thereto.
(c) After June 30, 1997, each station having an average population density within the station's service area, as determined by the mean population density of all counties within that service area, which is less than 50% of the mean population density of the state, shall receive a rural service grant. The rural service grant for a public radio station shall be $35,000 and the rural service grant for a public television station shall be $120,000.
History: L. 1993, ch. 268, § 4; L. 1996, ch. 80, § 2; July 1.
(1) If the population density within an eligible station's service area, as determined by the average population density of all counties within that area, is 50% or more of the mean population density of the state, that station shall receive a basic service grant of five units;
(2) if the average population density within an eligible station's service area, as determined by the mean population density of all counties within that service area, is less than 50% of the mean population density of the state, that station shall receive a basic service grant of 11 units; and
(3) KCPT-TV shall receive a basic service grant of four units.
(b) For the fiscal year ending June 30, 1998, and for each fiscal year thereafter, the grant pool for basic service grants determined under subsection (b)(2) of K.S.A. 75-4916 and amendments thereto shall be allocated among all stations as follows:
(1) Basic service grant units shall be awarded to each station for a fiscal year as follows:
(A) A public television station shall receive three basic service units for a main television broadcast station;
(B) a public radio station shall receive one basic service unit for a main radio broadcast station;
(C) a public television station shall receive 1/2 of one basic service unit for a television repeater station;
(D) a public radio station shall receive 1/10 of one basic service unit for a radio repeater station;
(E) a public television station shall receive 1/10 of one basic service unit for a television translator station;
(F) a public radio station shall not receive any basic service units for a radio translator station; and
(G) KCPT-TV public television station shall receive one basic service unit; and
(2) the basic service grant amount for a station shall be a pro rata share of the grant pool for basic service grants; this share shall bear the same proportion to the total amount in the grant pool for basic service grants as the number of basic service grant units awarded to the station for the fiscal year bears to the total number of basic service grant units awarded to all stations for the fiscal year.
(c) The service areas of each station and the counties to be included in each service area shall be certified to the secretary of administration in the manner set forth in subsection (e) of K.S.A. 75-4924 and amendments thereto.
History: L. 1993, ch. 268, § 5; L. 1996, ch. 80, § 3; July 1.
(b) For the fiscal year ending June 30, 1998, and for each fiscal year thereafter, each eligible station shall receive an annual incentive grant which shall be equal to a pro rata share of the total amount in the grant pool for incentive grants determined under subsection (b)(2) of K.S.A. 75-4916 and amendments thereto; this share shall bear the same proportion to the total amount in the grant pool for incentive grants as the station's per capita earned revenue bore in the second prior fiscal year to the aggregate per capita earned revenue of all eligible stations for the same period.
History: L. 1993, ch. 268, § 6; L. 1996, ch. 80, § 4; July 1.
History: L. 1993, ch. 268, § 7; July 1.
History: L. 1993, ch. 268, § 8; L. 1996, ch. 80, § 5; July 1.
(b) Institutional licensees eligible to receive grants under this act shall not use funds provided under this act to supplant funds currently provided from other sources.
History: L. 1993, ch. 268, § 9; L. 1996, ch. 80, § 6; July 1.
History: L. 1993, ch. 268, § 10; July 1.
(b) The Kansas public broadcasting council shall be governed by a council of directors. The council of directors shall consist of one representative of each station eligible to receive grants under this act.
(c) The Kansas public broadcasting council shall function under such bylaws as shall be written by its initial council of directors and amended from time to time, except that such bylaws shall be in conformity with the applicable laws of the state of Kansas and this act. The bylaws of the Kansas broadcasting council shall provide for (1) the election of a chair of the council of directors and a vice-chair of the council of directors from among the members of the council of directors, (2) terms of office for the chair and vice-chair of not longer than two years, and (3) the rotation of the offices of chair and vice-chair between representatives of television stations and representatives of radio stations among the members of the council of directors.
(d) The provisions of K.S.A. 75-4317 through 75-4320a and amendments thereto, which relate to open meetings, and the open records act are applicable to the Kansas public broadcasting council.
History: L. 1993, ch. 268, § 11; July 1.
(1) The services provided to the people of Kansas with funds appropriated pursuant to this act, or the law in effect prior to the effective date of this act, in the second prior fiscal year, particularly with respect to the goals of public broadcasting as set forth in subsection (j);
(2) the need and justification for appropriations in the current and future years;
(3) the need for [and] justification for construction of any new public broadcasting facilities;
(4) the methods used to assure the financial integrity of any station receiving a grant under the provisions of this act; and
(5) the ways in which the members of the Kansas public broadcasting council have cooperated, in the previous fiscal year, to provide a more efficient, relevant and cost-effective service for the people of Kansas.
(b) The Kansas public broadcasting council shall present, as a part of its annual report to the legislature, a comprehensive plan setting forth the service goals and operational plans for public broadcasting in Kansas during the ensuing three years, such plans having been developed by and voted upon by the directors of the Kansas public broadcasting council. This plan shall be updated each year to take into account changing needs, technologies and operational circumstances.
(c) The Kansas public broadcasting council shall certify to the secretary of administration, following a vote of the council's directors thereon, that any station seeking eligibility for a grant under this act and which was not in operation prior to July 1, 1994, is essential and necessary for the provision of service to the people of Kansas. This requirement for certification shall also apply to any station eligible for a grant on July 1, 1994, if such station subsequently becomes ineligible and later seeks to again become eligible for a grant. No station for which such certification is required shall be eligible to receive a grant under the terms of this act unless such certification has been provided.
(d) In the event of any conflict between stations with respect to eligibility for grants or the amount of such grants, the issue shall be studied and resolved by the directors of the Kansas public broadcasting council. The decision of that body shall be binding on the secretary of administration with respect to distribution of grants.
(e) The Kansas public broadcasting council shall provide to the secretary of administration a list of the counties covered by each station eligible to receive a grant under this act, together with the population in each county as reported in the most recent United States decennial census and the population density of each county. This report shall be the basis for calculation of each station's basic service grant and incentive grant.
(f) The Kansas public broadcasting council shall review the proposal of any station or group of stations seeking an equipment grant under the terms of K.S.A. 75-4920 and amendments thereto and shall prioritize all requests for equipment grants, taking into account the costs of such equipment, the benefits such equipment would supply to the people of Kansas, the urgency of the request with respect to maintenance of existing services, the relevance of the equipment grant request to the provisions of the long-range plan submitted by the council and such other factors as may be relevant. The Kansas public broadcasting council shall present the council's prioritized list of equipment grant requests to the legislature as a part of the annual budget process and shall support those grant requests in the council's annual report to the legislature.
(g) The Kansas public broadcasting council shall have the power to accept grants or appropriations from the federal government or the state of Kansas, or any agency or instrumentality thereof, to be used for the purchase of equipment for use by the stations as the directors shall determine. Nothing in this act shall preclude the Kansas public broadcasting council from utilizing such equipment for the generation of revenue for the support of Kansas public broadcasting activities, nor shall the Kansas public broadcasting council be precluded from raising funds from other sources for the support of the council's activities.
(h) The Kansas public broadcasting council shall have the financial operations of the council audited annually by a certified public accountant and shall make its audited financial statement available to the secretary of administration upon request.
(i) The Kansas public broadcasting council shall have no power or authority to compel any Kansas public television station or Kansas public radio station to broadcast any program or programs, whether or not funded in whole or in part by the council, nor shall the council have any power to forbid any station to broadcast any program acquired from any other source. The Kansas public broadcasting council shall have no regulatory authority over any individual station, the programming of any station or program scheduling for any station.
(j) The goals of public broadcasting in this state shall be to provide an educational, cultural and informational service to the people of this state; to offer a forum for public discourse on issues of public policy and the conduct of government; to enhance the quality of life for Kansas citizens; to provide public broadcasting service at a level of quality comparable to that available in other states; to explore and celebrate the diversity of cultures, lifestyles and traditions of the people of Kansas; to provide high-quality public broadcasting service to every part of Kansas; and to further the general welfare of the people of Kansas.
History: L. 1993, ch. 268, § 12; July 1.
(b) Nothing in this act shall give any officer, employee, agent or elected official of the state of Kansas any authority to influence or attempt to influence the content or scheduling of any program produced or broadcast by any eligible station, whether or not such influence is intended to be related in any way to receipt of a grant under this act.
History: L. 1993, ch. 268, § 13; July 1.
(b) On the effective date of this act, all of the records, memoranda, writings and property of the Kansas public broadcasting commission are hereby transferred to the Kansas public broadcasting council established by this act and the council shall have legal custody of the same.
History: L. 1993, ch. 268, § 15; July 1.