Senate Bill 2279

AN ACT TO AMEND SECTION 37-63-11, MISSISSIPPI CODE OF 1972, TO EMPOWER THE MISSISSIPPI EDUCATIONAL TELEVISION AUTHORITY TO ENTER INTO JOINT REVENUE GENERATING VENTURES WITH OTHER ENTITIES, TO AGREE TO TERMS OF INDEMNIFICATION IN SUCH JOINT VENTURES, TO USE A BUSINESS NAME, TO DELEGATE THIS CONTRACTUAL AUTHORITY TO THE EXECUTIVE DIRECTOR AND TO PROVIDE THAT ALL TECHNICAL PROPRIETARY AND COPYRIGHTED MATERIALS PRODUCED AS PART OF SUCH JOINT VENTURES ARE CONFIDENTIAL AND NOT SUBJECT TO THE OPEN RECORDS ACT; TO AMEND SECTION 37-63-13, MISSISSIPPI CODE OF 1972, TO DELETE THE PROHIBITION AGAINST ELECTED PUBLIC OFFICIALS APPEARING ON ETV LICENSED CHANNEL OR RADIO FREQUENCY AND TO DELETE THE AUTHORITY TO PRESCRIBE STATE STANDARDS FOR EDUCATIONAL TELEVISION EQUIPMENT; 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 Telecommunications 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 such research and development projects, joint revenue generating ventures or other projects and endeavors as the authority may determine is in its best interest. The authority is authorized to enter into any and all contracts, agreements and other arrangements which may be necessary to accomplish this. In so doing, the authority may agree to terms of indemnification with the approval of the Personal Service Contract Review Board established in Section 25-9-120(2), the law of another state or jurisdiction, or such other terms as may be necessary, when to so agree, in the judgment of the authority, is in its best interest. The authority may use the business name "Mississippi Educational Broadcasting" in executing contracts, agreements and other arrangements as necessary when in the judgment of the authority, is in its best interest. The authority may delegate its authority to enter into these contracts or other agreements, or exercise any of its other authority or powers, to its executive director to be exercised on their behalf in accordance with such guidelines as they have established. All materials produced or received by the authority in the exercise of its aforementioned authority and powers, that are protected by copyright or considered confidential or proprietary information of third parties, shall not be public records, and as such, all such materials shall not be subject to release and shall be exempt from the provisions of the Mississippi Public Records Act, Section 25-61-1 et seq. 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 hereby 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 Telecommunications 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.

SECTION 2. Section 37-63-13, Mississippi Code of 1972, is amended as follows:

37-63-13. The authority for educational television is empowered and is hereby designated as the proper and official state agency to:

(1) Control and supervise the use of television broadcast and ITFS channels and radio frequencies reserved by the Federal Communications Commission for noncommercial, educational purposes in Mississippi. It is further empowered to authorize the sale or lease of any excess capacity of such ITFS channels for commercial use to provide the funds necessary to implement the purposes of Section 37-63-9(2). No pornographic material or political advertisements * * * shall be allowed on any ITFS channel or radio frequency;

(2) Initiate or receive for review and approval all applications for educational television and educational radio licenses submitted to the Federal Communications Commission for or on behalf of any public school system, junior college, institution of higher learning, private educational institution, or nonprofit community or municipal educational organization;

(3) Initiate or receive for review and approval all applications for federal, state, or private funds which involve the construction of educational television or radio facilities or acquisition of educational television or radio equipment;

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(4) Provide consultative services in all aspects of educational television and radio to any agency, public or private, within the state;

(5) Serve as a clearinghouse for information on television and radio for educational purposes;

(6) Perform all other things necessary to insure the orderly and coordinated development of educational television and radio in Mississippi; and

(7) Determine and approve all policies governing the programming, administration, control and supervision of Mississippi educational television and educational radio. All programs prepared for use in the elementary and secondary schools of this state must be prepared in conjunction with the office of the state superintendent of public education prior to broadcast on Mississippi Educational Television.

SECTION 3. This act shall take effect and be in force from and after July 1, 2003.