An Act concerning the Kansas public broadcasting council act; relating to grants to stations; amending K.S.A. 1995 Supp. 75-4914, 75-4916, 75-4917, 75-4918, 75-4920 and 75-4921 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 1995 Supp. 75-4914 is hereby amended to read as follows: 75-4914. As used in the Kansas public broadcasting council act:

(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 com- munity 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 noncom- mercial public radio broadcasting station which is licensed as such by the federal communications commission and which operates from a com- munity located in Kansas and meets the minimum criteria for receipt of community service grants as set by the corporation for public broadcast- ing. These terms also include public radio station KKSU-AM, which pro- vides 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. 1995 Supp. 75-4921 and amendments thereto as a condition of eligibility. In the event that the corporation for public broadcasting ceases to exist, or its com- munity 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 trans- lators 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. 1995 Supp. 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'' for each radio station is means the radio station's nonfederal, nonlicensee financial support di- vided 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'' for each television station is means the television station's total nonfederal, nonlicensee fi- nancial 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 com- munications commission, that is owned and operated by a member radio station of the Kansas public broadcasting council for the purpose of re- peating the signal of such member radio station, and that does not orig- inate programming locally under a waiver of the requirement of the fed- eral communications commission to originate programming locally.

(i) ``Radio translator station'' means a radio station in the broadcast- ing 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 ef- fective 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 re- quirement of the federal communications commission to originate pro- gramming locally.

(k) ``Television translator station'' means a television station in the broadcast service that is licensed by the federal communications commis- sion, 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 fed- eral 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.

Sec. 2. K.S.A. 1995 Supp. 75-4916 is hereby amended to read as follows: 75-4916. (a) Funds appropriated for the purpose of making grants under this the Kansas public broadcasting council act for the fiscal year ending June 30, 1997, shall be divided into two grant pools, with 75% of such appropriated funds constituting a grant pool for public television stations and 25% of such appropriated funds constituting a grant pool for public radio stations.

(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 re- maining 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 un- der K.S.A. 1995 Supp. 75-4917 and amendments thereto and 50% of the remaining appropriated funds constituting a grant pool for incentive grants under K.S.A. 1995 Supp. 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 pop- ulation 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.

Sec. 3. K.S.A. 1995 Supp. 75-4917 is hereby amended to read as follows: 75-4917. (a) For the fiscal year ending June 30, 1997, two basic service grant fund amounts shall be established from the grant pools un- der section 5 subsection (a) of K.S.A. 1995 Supp. 75-4916 and amend- ments thereto for basic service grants as follows: A television basic service grant fund amount consisting of 85% of the grant pool for tele- vision, and a radio basic service grant fund amount consisting of 85% of the grant pool for radio. Each such basic service grant fund amount for the fiscal year ending June 30, 1997, shall be divided into as many units as necessary to provide basic service grants to each eligible station as follows:

(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 serv- ice 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 sub- section (b)(2) of K.S.A. 1995 Supp. 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 section 13 K.S.A. 1995 Supp. 75-4924 and amendments thereto.

Sec. 4. K.S.A. 1995 Supp. 75-4918 is hereby amended to read as follows: 75-4918. (a) For the fiscal year ending June 30, 1997, two incen- tive grant fund amounts shall be established from the grant pools under section 5 subsection (a) of K.S.A. 1995 Supp. 75-4916 and amendments thereto as follows: A television incentive grant fund amount consisting of 15% of the grant pool for television, and a radio incentive grant fund amount consisting of 15% of the grant pool for radio. Each eligible station shall receive an annual incentive grant amounting to a pro rata share of the incentive grant fund amount for which the station is eligible. This share shall bear the same proportion to the incentive grant fund amount from which the share is allocated as the station's per capita earned rev- enue bore in the second prior fiscal year to the aggregate per capita earned revenue of all eligible stations in such incentive grant fund amount for the same period.

(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. 1995 Supp. 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.

Sec. 5. K.S.A. 1995 Supp. 75-4920 is hereby amended to read as follows: 75-4920. Appropriations may be made in any year for the pur- chase of equipment to be used by an eligible station, or by several such stations, or by the Kansas public broadcasting council except that any grant made to an individual station must be in compliance with section 13 K.S.A. 1995 Supp. 75-4924 and amendments thereto.

Sec. 6. K.S.A. 1995 Supp. 75-4921 is hereby amended to read as follows: 75-4921. (a) Notwithstanding any other provision of this act, for the fiscal year ending June 30, 1997, no station shall be allocated more than 45% of the total funds in the grant pool applicable to the station. For the fiscal year ending June 30, 1997, those funds not obligated by virtue of this limitation shall be returned to the incentive grant pool ap- plicable to the station for distribution to the remaining stations in accor- dance with the provisions of K.S.A. 1995 Supp. 75-4918 and amendments thereto.

(b) Institutional licensees eligible to receive grants under this act shall not use funds provided under this act to supplant funds currently pro- vided from other sources.

Sec. 7. K.S.A. 1995 Supp. 75-4914, 75-4916, 75-4917, 75-4918, 75- 4920 and 75-4921 are hereby repealed.

Sec. 8. This act shall take effect and be in force from and after its publication in the statute book.

Approved March 29, 1996.