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.  (HB154 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        154
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   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.
 
 9      The strategic plan presented is a blueprint for transforming
 
10 public television into a community-based system.  The plan
 
11 supports the educational, cultural, and historical contributions
 
12 of non-commercial public television programming, ensuring the
 
13 continued creative and financial health of public television in
 
14 Hawaii, as well as its ability to operate in a rapidly changing
 
15 and advancing technological environment.  The plan also
 
16 recognizes a continuing obligation to contribute to public
 
17 television, with financial support to include the funding of
 
18 essential services.
 
19      The strategic plan preserves the important role Hawaii
 
20 public television plays in creating and broadcasting educational
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 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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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 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 when the Federal
 
14 Communications Commission transfers Hawaii public broadcasting
 
15 authority's broadcast license to the Hawaii Public Television
 
16 Foundation.