Wisconsin Legislature: EDUCATIONAL BROADCASTING CORPORATION

The Secretary of DOA would be required to pay aid for operational costs in installments, as determined by the Secretary of DOA.

Operational Plan. Provide that the Secretary of DOA, the President of the UW System and one individual chosen by the Governor would be required to prepare an operational plan for the proposed Corporation, which would be required to include all of the following:

1. A list of those individuals employed by the UW Board of Regents and the ECB who would be best-suited to provide educational broadcasting services for the Corporation;

2. The number of authorized FTE positions for the UW Board of Regents that would be eliminated if all broadcasting licenses held by the ECB and the UW Board of Regents would be transferred to the Corporation;

3. An estimate of the funding necessary to cover the annual operating expenses of the Corporation;

4. An estimate of the amount of money necessary to fund the appropriations that would be created for educational programming under DPI and the UW; and

5. A recommendation about whether DOA should undertake the construction and operation of National Weather Service transmitters.

Require the Secretary of DOA to submit the operational plan to the Co-Chairpersons of the Joint Committee on Finance (JFC). If the Co-Chairpersons would not notify the Secretary of DOA within 14 working days after the date of the submittal of the operational plan that the Finance Committee has scheduled a meeting to review the operational plan, the operational plan could be implemented as proposed by the Secretary of DOA. If, within 14 working days after the date of the submittal of the operational plan, the Co-Chairpersons would notify the Secretary of DOA that the Finance Committee has scheduled a meeting to review the operational plan, the operational plan could be implemented only upon approval of JFC.

Required Audit. Provide that the Legislative Audit Bureau would be required to audit the records of the Corporation at least once every five years.

Elimination of the Educational Communications Board

1. The current law board composition, duties, powers, appropriations and bonding authorization of the ECB would not apply, including authority regarding the executive director position and unclassified professional staff positions;

2. The nonstock corporation, which under current law is for the exclusive purpose of raising funds for the ECB to support the activities of the Board, would be eliminated;

3. The unencumbered balances of certain ECB appropriations would be transferred to the appropriation that would be created for the proposed Corporation's operational costs. Under the bill, the total amount provided for the 11 designated appropriations is $6,197,100 GPR, $6,853,400 PR and $471,800 FED in 1999-00 and $6,198,400 GPR, $6,855,800 PR and $471,800 FED in 2000-01.

4. The remaining authority to contract public debt in an amount not to exceed $8,354,100 for educational communications facilities would be transferred to DOA.

Delete $25,000 annually in 1999-01 from the ECB's general program operations; according to the executive budget documents, this funding would be eliminated for the purpose of providing funding for the initial costs of the Corporation. The fiscal effect of this deletion is shown under ECB.

Under current law, the major ECB duties include duties to: (a) plan, construct and develop a state system of radio broadcasting for the presentation of educational, informational and public service programs; (b) protect the public interest in educational television by preserving educational television channels for Wisconsin and maintaining a comprehensive plan for the operation of a statewide television system for the presentation of noncommercial instructional programs which will serve the best interests of the people of the state; (c) work with educational agencies and institutions of the state as reviewer, adviser and coordinator of joint efforts to meet the educational needs of the state through radio, television and other appropriate technologies; (d) coordinate the radio activities of the various educational and informational agencies, civic groups, and citizens having contributions to make to the public interest and welfare; (e) procure or publish instructional material related to educational broadcasting; (f) give priority to and develop instructional television programs that are specific to the state for use in schools; and (g) enter into affiliation agreements with the UW Board of Regents and other broadcast radio and television licensees for the purpose of furthering certain duties of ECB.

Elimination of the Public Broadcasting Duties of the UW Board of Regents

Provide that if the Secretary of DOA would determine that the FCC has approved the transfer of all broadcasting licenses held by the ECB and the UW Board of Regents to the proposed Corporation:

1. The current law duties of the UW Board of Regents related to public broadcasting would not apply on and after the effective date of the last license transferred;

2. All unencumbered balances appropriated to the UW Board of Regents for public broadcasting, as determined by the Secretary of DOA, would be transferred to the Corporation; and

3. The authorized full-time equivalent (FTE) positions for the UW System would be decreased by the number determined in the operational plan for the Corporation.

Create a new, annual GPR appropriation under the UW System for contracting with the Corporation for educational programming. No funds would be provided in 1999-01. Delete $25,000 GPR annually from the UW System; according to the Executive Budget documents, this funding would be deleted from UW-Extension for the purpose of providing funding for the initial costs of the Corporation.

Under current law, the Board of Regents, as licensee, is required to manage, operate and maintain broadcasting station WHA and WHA-TV and enter into an affiliation agreement with the ECB. The agreement is required to provide that the Board of Regents will grant the ECB the part-time use of equipment and space necessary for the operations of the state educational radio and television networks, except that the Board of Regents may rent space on the Madison public broadcast transmission tower to the ECB and to other public and commercial broadcasters. In addition, the Board of Regents is required to follow certain accounting and funding procedures related to public broadcasting.

Duties of the Department of Administration

Emergency Weather Warning System Operation.

1. DOA would be required to operate an emergency weather warning system, which under current law is operated by the ECB;

2. An annual, program revenue appropriation would be created under DOA for the operation of the emergency weather warning system. The amounts in the schedule would be provided from funds received for the provision of state telecommunications and data processing services and sale of telecommunications and data processing inventory items primarily to state agencies. A technical correction would be necessary to achieve the intent of the bill. No funding would be provided in 1999-01; and

3. The unencumbered balance of the ECB program revenue appropriation for the operation of the emergency weather warning system would be transferred to the appropriation that would be created under DOA for the operation of this system. Under the bill, the total amount provided for this appropriation would be $71,800 PR annually.

Debt Service and Lease Appropriations and Bonding Authorization.

1. Create a continuing, program revenue appropriation under DOA for lease payments for state-owned educational broadcasting facilities and equipment that would be received from the corporation for the purpose of the payment of principal and interest costs incurred in financing the acquisition, construction, development, enlargement or improvement of facilities approved by the Building Commission for operation by the ECB. No funding estimates would be provided for 1999-01.

2. Create a sum sufficient, GPR appropriation under DOA for the payment of principal and interest costs that would not be paid through lease payments described above, and that would be incurred in financing the acquisition, construction, development, enlargement or improvement of facilities approved by the Building Commission for operation by the ECB. Provide that no moneys may be encumbered unless the Secretary of DOA first determines that the FCC has approved the transfer of all broadcasting licenses held by the ECB and the UW Board of Regents to the Corporation.

3. Authorize the issuance of general obligation bonding for DOA to acquire, construct, develop, enlarge or improve educational communications facilities. Provide that the state may contract public debt in an amount not to exceed $8,354,100 less any amount contracted on behalf of the former ECB before the effective date of the last license transferred.

Milwaukee Area Technical College Broadcasting Licenses

Provide that if all broadcasting licenses held by the ECB and the UW Board of Regents have been transferred to the proposed Corporation and the district board governing Milwaukee Area Technical College (MATC) determines to relinquish its public broadcasting licenses, it would be required, subject to the approval of the FCC, to offer to assign the licenses to the Corporation. Under current law, if the MATC District Board determines to relinquish its public broadcasting licenses, it is required, subject to the approval of the FCC, to offer to assign the licenses to the ECB.

Department of Public Instruction Appropriation

Create a new, annual GPR appropriation under the Department of Public Instruction for contracting with the proposed Corporation for educational programming. No funding would be provided in 1999-01.

TEACH Board Membership

Provide that if the Secretary of DOA would determine that the FCC has approved the transfer of all broadcasting licenses held by the ECB and the UW Board of Regents to the proposed Corporation, on and after the effective date of the last license transferred, the ECB appointee to the TEACH Board would be eliminated and the number of at-large members of the TEACH Board appointed by the Governor would increase from four to five.

[Bill Sections: 4, 14, 26, 27, 38, 39, 63, 228 thru 241, 251, 288, 536 thru 538, 628, 638, 641, 647, 648, 888, 897, 905, 906, 930, 2360, 2362, 2364, 2366, 2367 and 9101(8)]

2. PRIVATIZATION OF PUBLIC BROADCASTING TOWERS

Governor: Provide that the Department of Administration (DOA), after consultation with all other state agencies, would be required to prepare a report on the privatization of state-owned or state-leased communications towers that are used for public broadcasting and any related structures, equipment and property, except for the communications tower operated by the Milwaukee Area Technical College. Require that the report would include each of the following:

a. An inventory of all communications towers; and

b. A plan for implementing privatization of communications towers, including any plans and specifications for the sale or sublease of communications towers to private bidders and any proposed contract terms for the state to lease back sufficient capacity on communications towers in order to meet the state's current communications needs and for providing for any construction or expansion that is necessary to meet the state's future communications needs.

Provide that DOA would be required to submit the report to the Joint Committee on Finance of the Legislature for its review, no later June 30, 2000. Provide that if the Co-Chairpersons of the Committee would not notify DOA within 14 working days after the date of submittal of the report that the Committee has scheduled a meeting for the purpose of reviewing the report, the plan included in the report may be implemented as proposed by DOA. Provide that if, within 14 working days after the date of submittal, the Co-Chairpersons of the Committee would notify DOA that the Committee has scheduled a meeting for the purpose of reviewing the report, the plan may be implemented only upon approval of the Committee.

[Bill Section: 9101(15)]

EDUCATIONAL COMMUNICATIONS BOARD

Budget Change Items

1. STANDARD BUDGET ADJUSTMENTS

GPR $254,500
PR 82,800
Total $337,300

Governor: Adjust the base budget for: (a) full funding of continuing salaries and fringe benefits ($1,000 GPR and $22,100 PR annually); (b) full funding of financial services charges ($2,100 GPR and $1,500 PR annually); (c) reclassifications ($23,400 GPR and $3,100 PR annually); (d) overtime ($68,400 GPR and $10,000 PR annually); (e) night and weekend differential ($7,300 GPR annually); and (f) fifth week of vacation as cash ($24,400 GPR and $3,500 PR in 1999-00 and $25,700 GPR and $5,900 PR in 2000-01).

2. DEBT SERVICE REESTIMATE

GPR - $112,400

Governor: Reestimate debt service costs by $41,700 in 1999-00 and -$154,100 in 2000-01 from the base level of $978,900.

3. ELIMINATION OF BOARD DUTIES AND FUNDING

GPR - $50,000

Governor: Provide that if the Secretary of the Department of Administration (DOA) would determine that the Federal Communications Commission (FCC) has approved the transfer of all broadcasting licenses held by the ECB and the University of Wisconsin Board of Regents to the proposed nonstock Educational Broadcasting Corporation, on and after the effective date of the last license transferred, the ECB would be eliminated as follows:

a. The current law board composition, duties, powers and appropriations of the ECB would not apply, including authority regarding the executive director position and unclassified professional staff positions;

b. The nonstock corporation, which under current law is for the exclusive purpose of raising funds for the ECB to support the activities of the Board, would be eliminated;

c. The unencumbered balances of certain ECB appropriations would be transferred to the appropriation that would be created for the proposed Corporation's operational costs. Under the bill, the total amount provided for the eleven designated appropriations is $6,197,100 GPR, $6,853,400 PR and $471,800 FED in 1999-00 and $6,198,400 GPR, $6,855,800 PR and $471,800 FED in 2000-01; and

d. The remaining authority to contract public debt in an amount not to exceed $8,354,100 for educational communications facilities would be transferred to DOA.

Delete $25,000 annually in 1999-01 from the agency's general program operations; according to the Executive Budget documents, this funding would eliminated for the purpose of providing funding for the initial costs of the proposed Corporation.

Under current law, the major ECB duties include responsibilities to: (a) plan, construct and develop a state system of radio broadcasting for the presentation of educational, informational and public service programs; (b) protect the public interest in educational television by preserving educational television channels for Wisconsin and maintaining a comprehensive plan for the operation of a statewide television system for the presentation of noncommercial instructional programs which will serve the best interests of the people of the state; (c) work with educational agencies and institutions of the state as reviewer, adviser and coordinator of joint efforts to meet the educational needs of the state through radio, television and other appropriate technologies; (d) coordinate the radio activities of the various educational and informational agencies, civic groups, and citizens having contributions to make to the public interest and welfare; (e) procure or publish instructional material related to educational broadcasting; (f) give priority to and develop instructional television programs that are specific to the state for use in schools; and (g) enter into affiliation agreements with the UW Board of Regents and other broadcast radio and television licensees for the purpose of furthering certain duties of ECB.

See "Educational Broadcasting Corporation" for more information

[Bill Sections: 14, 38, 39, 229 thru 241, 641, 647, 648, 905, 906, 930, 2360, 2362, 2364, 2366, 2367 and 9101(8)]

ELECTIONS BOARD