REPORT TITLE:
Public Television


DESCRIPTION:
Transfers the assets of the Hawaii Public Broadcasting Authority
to the Hawaii Public Television Foundation, a private not-for-
profit organization.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.154        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO PUBLIC TELEVISION.



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

 1      SECTION 1.  The legislature finds that the Hawaii public
 
 2 broadcasting authority has experienced significant reductions in
 
 3 public funding.  In this new environment, public television in
 
 4 Hawaii should be operated by a private not-for-profit
 
 5 organization.  At the instruction of the 1996 legislature, the
 
 6 Hawaii public broadcasting authority developed a strategic plan
 
 7 that was presented to the legislature at the 1997 regular
 
 8 session.  This plan is a blueprint for transforming public
 
 9 television to a community-based system.
 
10      The plan supports the educational, cultural, and historical
 
11 contributions of non-commercial public television programming,
 
12 ensuring the continued creative and financial health of public
 
13 television in Hawaii, and its ability to operate in a rapidly
 
14 changing and advancing technical environment.  The plan also
 
15 recognizes a continuing obligation to contribute to public
 
16 television, with financial support to include the funding of
 
17 essential services.
 
18      The plan creates a new relationship with the State to
 
19 preserve the important role Hawaii public television plays in
 

 
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 1 creating and broadcasting educational programs for the department
 
 2 of education, the University of Hawaii, and other educational
 
 3 institutions.  The plan also enables public television in Hawaii
 
 4 to innovate and efficiently pursue its role in broadcasting
 
 5 cultural and public affairs programs that enhance the quality of
 
 6 life in the community.
 
 7      The strategic plan provides for the establishment of a
 
 8 foundation, whose function initially is to engage in fundraising,
 
 9 and eventually to operate the public television network in
 
10 Hawaii.  Since the plan was developed, the Hawaii Public
 
11 Television Foundation was established in December 1997, as a
 
12 private, not-for-profit organization under section 501(c)(3) of
 
13 the Internal Revenue Code of 1986, as amended.  It has a board of
 
14 directors of twenty-five community leaders and will be prepared
 
15 to assume all responsibilities of management and operation of the
 
16 public television system in Hawaii, effective July 1, 2000.
 
17      The purpose of this Act is to provide for the orderly
 
18 transfer of the licenses, assets, rights, responsibilities, and
 
19 functions of the Hawaii public broadcasting authority to the
 
20 Hawaii Public Television Foundation.  The transfer is contingent
 
21 upon the approval of the transfer of the Hawaii public
 
22 broadcasting authority's broadcast license to the Hawaii Public
 
23 Television Foundation by the Federal Communications Commission.  
 

 
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 1      SECTION 2.  Chapter 314, Hawaii Revised Statutes, is
 
 2 repealed on July 2, 2000.
 
 3      SECTION 3.  Notwithstanding any law to the contrary, the
 
 4 Hawaii public broadcasting authority shall transfer the following
 
 5 to the Hawaii Public Television Foundation on July 1, 2000:
 
 6      (1)  All records, equipment, machines, files, supplies,
 
 7           contracts, books, papers, documents, maps, and other
 
 8           personal property heretofore made, used, acquired, or
 
 9           held by the Hawaii public broadcasting authority,
 
10           including all broadcast equipment and non-broadcast
 
11           equipment;
 
12      (2)  All licenses issued by the Federal Communications
 
13           Commission that are held by the Hawaii public
 
14           broadcasting authority; and
 
15      (3)  All rights and obligations of the Hawaii public
 
16           broadcasting authority under deeds, leases, contracts,
 
17           loans, agreements, permits, licenses, or other
 
18           documents executed or entered into on behalf of or by
 
19           the Hawaii public broadcasting authority.
 
20      These transfers shall not require any further authorization
 
21 by any state agency and shall be effected by the executive
 
22 director of the Hawaii public broadcasting authority delivering
 
23 the property to the chair of the Hawaii Public Television
 
24 Foundation.
 

 
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 1      SECTION 4.  The assets, licenses, and rights transferred to
 
 2 the Hawaii Public Television Foundation in section 3 shall be
 
 3 used throughout their terms and useful lives to continue and
 
 4 advance public broadcasting in Hawaii.  If the Hawaii Public
 
 5 Television Foundation dissolves or discontinues public
 
 6 broadcasting in Hawaii, it shall transfer and assign these
 
 7 assets, licenses, and rights to a public or private entity that
 
 8 has the authority to continue to advance public broadcasting in
 
 9 Hawaii.
 
10      SECTION 5.  All funds remaining in the public broadcasting
 
11 revolving fund on July 1, 2000, shall be transferred to the
 
12 Hawaii Public Television Foundation on July 1, 2000.
 
13      SECTION 6.  This Act shall take effect upon its approval;
 
14 provided that the Federal Communications Commission transfers
 
15 Hawaii public broadcasting authority's broadcast license to the
 
16 Hawaii Public Television Foundation.
 
17 
 
18                           INTRODUCED BY:  _______________________
 

 
 
 
 
 
 
 
 
 
 
 
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