House Bill 742

AN ACT TO AMEND SECTION 37-63-11, MISSISSIPPI CODE OF 1972, TO REQUIRE THE LEGISLATURE TO REDUCE THE AMOUNT OF GENERAL FUNDS APPROPRIATED TO THE AUTHORITY FOR EDUCATIONAL TELEVISION BY TWENTY PERCENT FOR EACH OF THE NEXT FIVE FISCAL YEARS; TO PROVIDE THAT FROM AND AFTER FISCAL YEAR 2017, THE LEGISLATURE SHALL NOT APPROPRIATE ANY GENERAL FUNDS TO THE AUTHORITY; TO AUTHORIZE THE AUTHORITY TO SELL ALL OR ANY PART OF THE OPERATIONS AND EQUIPMENT OF THE AUTHORITY FOR NOT LESS THAN THE CURRENT FAIR MARKET VALUE; TO PROVIDE THAT THE PROCEEDS FROM ANY SALE SHALL BE DEPOSITED INTO THE APPROPRIATE SPECIAL FUND IN THE STATE TREASURY TO THE CREDIT OF THE STATE DEPARTMENT OF EDUCATION, AND SHALL BE APPROPRIATED BY THE LEGISLATURE FOR SPECIAL EDUCATION PROGRAMS OF THE DEPARTMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-63-11, Mississippi Code of 1972, is amended as follows:

37-63-11. (1) The Authority for Educational Television is empowered to request and to receive such state funds for educational television construction and operation as may be appropriated or allocated to it, and to solicit and receive contributions, matching funds, gifts, bequests and devises from any source, whether federal, state, public or private. It may enter into agreements with federal, state, public or private agencies, departments, institutions, firms, corporations or persons for the production, transmission, sale, lease or purchase of educational television and educational radio programs, or any research and development projects, joint ventures pertaining to content or other projects that do not duplicate communication facilities or services utilized under contract by the state and that the authority determines are in its best interests. The authority may enter into any contracts and other agreements necessary for those purposes, and in doing so, the authority may agree to terms of indemnification, the law of another state or jurisdiction or other necessary terms when, in the judgment of the authority, that would be in its best interests. The authority may delegate to its executive director its power to enter into these contracts or other agreements, or to exercise any of its other powers, in accordance with guidelines established by the authority. All materials produced or received by the authority in the exercise of its power, in the preceding provisions of this subsection, that are protected by copyright or considered confidential or proprietary information of third parties, shall not be public records. All such materials shall not be subject to release under the Public Records Act. The authority may also lease antenna space on television towers which it owns. Before the authority is empowered to contract for communication facilities to carry television signals, it shall obtain written authority to do so from the Department of Finance and Administration in order to ensure that there be no duplication of state communication facilities.

(2) There is * * * established in the State Treasury a special fund for the purpose of providing for the payment of all expenses in respect to the administration of this chapter. Such fund shall be administered by the authority. The State Treasurer shall be the custodian of such funds and all monies and securities in such fund shall be held in trust by such Treasurer and shall not be the money or property of the state. The State Treasurer is authorized to disburse monies from such fund only upon order of the authority. The official bond of the State Treasurer shall be conditioned for the faithful performance of his duty hereunder. The State Treasurer shall deposit any monies paid into such fund into such qualified depository banks as the authority may designate and is authorized to invest any portion of the fund which, in the opinion of the authority, is not needed for current requirements in the same manner and subject to all provisions of the law with respect to the deposit of state funds by such Treasurer. All interest earned by such portion of the fund as may be invested by the State Treasurer shall be collected by him and placed to the credit of such fund.

(3) The Authority for Educational Television is empowered to provide noncommercial production or reproduction services for other public agencies, and may collect the costs of providing the services from the public agency. These costs shall be deposited into the special fund.

(4) For each fiscal year beginning with fiscal year 2012 through fiscal year 2016, the Legislature shall reduce the amount of general funds appropriated to the Authority for Educational Television below the amount appropriated for the previous fiscal year by twenty percent (20%) of the amount of general funds appropriated to the authority for fiscal year 2011. From and after fiscal year 2017, the Legislature shall not appropriate any general funds to the authority. However, the State of Mississippi shall continue to be liable for payment of the principal and interest on any state general obligation bonds that provided any money to or financed any projects for the authority. It is the intention of the Legislature in reducing and eliminating appropriations of general funds for the authority that the authority be self-supporting through donations, private funds and other sources of funds other than state general funds.

(5) The authority is authorized, in its discretion, to sell all or any part of the operations and equipment of the authority for not less than the current fair market value. For any real property sold, the fair market value shall be determined by the averaging of at least two (2) appraisals by professional appraisers who are licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board. The proceeds from any sale of the operations and equipment of the authority shall be deposited into the appropriate special fund in the State Treasury to the credit of the State Department of Education, and shall be appropriated by the Legislature for special education programs of the department.

SECTION 2. This act shall take effect and be in force from and after its passage.