HB2344 H GO AM 3-10
The Committee on Government Organization moved to amend the bill on page one, after the enacting clause, by striking out the enacting section and the remainder of the bill in its entirety, and inserting in lieu thereof the following:
“That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §10-1-23; and that said code be amended by adding thereto a new section, designated §10-5-8, all to read as follows:
CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION; ATHLETICESTABLISHMENTS; MONUMENTS AND MEMORIALS; ROSTER OFSERVICEMEN; EDUCATIONAL BROADCASTING AUTHORITY.
ARTICLE 1. PUBLIC LIBRARIES.
§10-1-23. Library Commission’s media broadcasting assets transferred to the Educational Broadcasting Authority.
(a) All assets of the Library Commission relating to the Library Television Network as such are used to facilitate public access television programing, including all media broadcasting and any other electronic equipment used for that purpose, are hereby transferred from the Library Commission to the Educational Broadcasting Authority, established pursuant to article five of this chapter, unless to do so would violate federal law or an agreement with an entity that supplied funds to acquire a specific asset. Upon the effective date and enactment of this section, the Educational Broadcasting Authority shall have full use and control of the production studio space located in the State Cultural Center located on the Capitol Complex grounds, as used by the Library Commission for all activities related to the production, programming and staging of the Library Television Network’s public access television programming.
(b) If the Library Commission and the Educational Broadcasting Authority do not agree on whether a specific asset relates to the Library Television Network media broadcasting activities, the Governor shall make the determination: Provided: That the Governor shall ensure that such assets and control are transferred within thirty days after the effective date of this section. When the Educational Broadcasting Authority vacates the production studio space in the State Cultural Center, control and use of such space shall revert to the Library Commission.
(c) Employees of the Library Commission, who are dedicated to the activities of the Library Television Network’s public access television functions, may be employed by and be under the direct supervision and control of the Educational Broadcasting Authority; Provided, That funding is available to the Educational Broadcasting Authority to hire such employees, who shall be classified exempt.
ARTICLE 5. EDUCATIONAL BROADCASTING AUTHORITY.
§10-5-8. Public access television.
(a) Beginning on the effective date of this section, the Educational Broadcasting Authority shall develop and provide production services and programmatic support for the development, production, and distribution of public access television programming, public affairs programming and community interest programing.
(b) Priority for programming in subsection a of this section shall include, but not be limited to, productions:
(1) For the Legislature while the Legislature is in regular, extended or special session;
(2) For the promotion of the functions, services, and the history of state agencies and spending units;
(3) For the promotion of tourism related activities, including historical, cultural and community events; and
(4) For the promotion of non-profit, civic organizations and community groups that serve communities in this state.
(c) The Educational Broadcasting Authority shall provide access to programing developed pursuant to this section, through the websites maintained by the authority, to community access television stations, to providers as authorized in the service areas in this state, to all state agencies and any spending units, to facilitate public access to such programing.
(d) The Educational Broadcasting Authority shall provide the services described in this section to the Legislature, state agencies and spending units, and for educational purposes at no charge. Non-profit, civic organizations and community groups that are approved for the development of community interest programing authorized by this section, may be charged a fee to cover the production cost of services.
(e) For the purposes of accepting competitive bids to contract for integrator services and to purchase the equipment necessary to develop, produce, promote, and provide programming authorized pursuant to this article, the authority shall be exempt from the provisions of article three, chapter five-a.
(f) The Educational Broadcasting Authority shall propose legislative rules, pursuant to the provisions of article three, chapter twenty-nine-a of this code, for proscribing the application process, the prioritization process of developing programming for spending units, tourism related activities, non-profit, civic organizations and community groups, and a fee structure for programs developed pursuant to this section: Provided, That tourism related activities that promote economic activity or economic development shall be given preference after promoting public access to the Legislature while it is in any session.”