SB1059

Creates the Education and Job Training Television Broadcast Fund for the purpose of education and job training

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Bill Text from Feb. 28, 2018 - Introduced

SECOND REGULAR SESSION

SENATE BILL NO. 1059

Read 1st time February 28, 2018, and ordered printed.

6699S.01I

To amend chapter 67, RSMo, by adding thereto one new section relating to a property

Be it enacted by the General Assembly of the State of Missouri, as follows:

job training television

(4) "Eligible county", any constitutional charter county adjoining

(5) "Fund", the education and job training television broadcast

(3) "Eligible city", any constitutional charter city not located

(1) "Commission", the governing body of the district; (2) "District", the education and mean: broadcasting district created under this section; within a county; any eligible city; fund created under subsection 3 of this section; (6) "Member of the district", any eligible city or county that authorizes both the participation in the district and the imposition of a property tax under the provisions of this section. 2. (1) The governing body of any eligible city or eligible county, upon approval of a majority of the qualified voters of such county or city voting thereon, shall establish a district to be known as the "Education and Job Training Television Broadcasting District", which shall be a political subdivision of this state, and shall levy and collect a tax not to exceed eight cents per one hundred dollars of assessed valuation upon all taxable property within the county or city for the

99TH GENERAL ASSEMBLY

INTRODUCED BY SENATOR HUMMEL.

ADRIANE D. CROUSE, Secretary.

AN ACT

tax for certain education broadcasting.

Section A. Chapter 67, RSMo, is amended by adding thereto one new section, to be known as section 67.4600, to read as follows:

67.4600. 1. As used in this section, the following terms shall

G NO

G YES

SB 1059 general purpose of education and job training television broadcasting. The property tax so levied shall be collected along with all other county and city taxes in the manner provided by law, and shall be in addition to all other property taxes imposed by law. (2) The question of whether the district and tax authorized by this section shall be formed and imposed shall be submitted to the voters in substantially the following form: Shall __ (Name of county/city) levy a tax of ____ (Insert amount) cents per each one hundred dollars of assessed valuation for the purpose of education and job training television broadcasting, and participate with another eligible political subdivision to create the Education and Job Training Television Broadcasting District, which will authorize the expenditure of the revenues created by the tax? If you are in favor of the question, place an "X" in the box opposite "YES". If you are opposed to the question, place an "X" in the box opposite "NO". The governing body of the city or county may place the ballot question before qualified voters through ordinance, resolution, or other appropriate means, and such governing bodies may place additional language on the ballot to describe the use or allocation of the revenues generated by the tax. The ballot question may also be placed before the voters through petition to the election authorities of such eligible city and eligible county by providing, not less than ninety days prior to the proposed election date, a petition signed by the registered voters of such eligible city and eligible county, of not less than one percent of the number of votes cast in each jurisdiction at the most recent general election for governor. The city or county election official shall give legal notice at least sixty days prior to such election in at least two newspapers that such proposition shall be submitted at the next general or primary election or special election held for the submission of the proposition. The resolution or proposition shall be printed on the ballot and in the notice of election. 3. (1) If a majority of the votes cast on the proposal by the qualified voters in an eligible city or eligible county voting thereon are in favor of the proposal, then the district shall be deemed established

SB 1059 and the tax rate for such district shall be in effect. The revenue received from the tax imposed under this section shall be deposited in a special fund to be known as the "Education and Job Training Television Broadcast Fund", which shall be established in the county or city treasury. The district shall not be established and the tax shall not be effective unless and until a proposition in substantially the form required under this section is adopted by the voters of both an eligible city and an eligible county. If the proposal fails to receive a majority of the votes in favor of the proposal, such proposition shall not be resubmitted at any election held within one year of the date of the election in which the proposition was rejected. Any such resubmission of such proposal shall comply with the provisions of this section. (2) The results of an election held under the provisions of this section shall be certified by the election officials of such city or county to the governing body of such city or county not less than thirty days after the day of the election. Upon certification of the results, the governing body of such city or county may proceed with the performance of all actions necessary and incidental to the participation in the district. (3) The administrative control and management of the fund and all programs to be funded therefrom shall be carried out solely by the commission appointed under subsection 4 of this section, provided that the commission shall be subject to an annual audit by a certified public accountant and shall require a similar annual audit of any recipient of funds from the commission, and such audits shall be submitted annually to the chief elected officer of each member of the district. The commission shall use the fund to provide programs which will promote: (a) Early childhood education programming; (b) Elementary and secondary education programming; (c) Adult education programming; (d) Job training programming, which shall include programming related or job training programs provided by federal, state, and local governments, and nonprofit agencies; and (e) Activities related to preparing citizens for furthering their education and more fully participating in the economy of the region of such eligible city and eligible county. Such activities shall not be limited to traditional television broadcasting services, but may include

(a) Under

the

rules and

regulations of

SB 1059 other forms of media, including, but not limited to, seminars, professional training, research and development promoting collaboration among public and nonprofit education, job training and education providers, and similar or related activities that foster or enhance job training or education at all levels. No funds shall be used directly or indirectly for any political purpose. (4) In providing services under subdivision (3) of this subsection, the commission shall contract only with a nonprofit entity which is a noncommercial television broadcast station licensed to serve the metropolitan area of an eligible city and eligible county, and which: the Federal Communications Commission in effect on March 29, 1990, is licensed by the Federal Communications Commission as an NCE television broadcast station; (b) Is owned and operated by an organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and is headquartered within the eligible city or eligible county; and (c) Is eligible to receive a community service grant, or any successor grant, from the corporation for public broadcasting, or any successor organization, on the basis of the formula set forth in section 396(k)(6)(B) of the Communications Act of 1934, as amended. 4. (1) The district shall be governed by the commission, which shall be a body corporate and a political subdivision of the state, and shall be composed of five members to be appointed as follows: an eligible county; and (c) One person to be appointed by the governor without the advice and consent of the senate, and who shall serve as the chairperson of the commission. (2) Upon the organization of the commission, the terms of the initial appointees shall be staggered such that appointees under paragraph (a) of subdivision (1) of this subsection shall serve one and three year terms, appointees under paragraph (b) of subdivision (1) of this subsection shall serve two and four year terms, and the appointee under paragraph (c) of subdivision (1) of this subsection shall serve a

(a) Two persons to be appointed by the mayor of an eligible city; (b) Two persons to be appointed by the chief elected official of

SB 1059 four year term. Thereafter, the terms of the commissioners shall be four years. Commissioners may be reappointed. Vacancies shall be filled in the same manner as the original appointment was made. (3) In addition to the chairperson of the commission, the commission shall select annually from its membership a vice chairperson and a treasurer. The treasurer shall be bonded in such amounts as the commission may require. (4) The commission may appoint such officers, agents, and employees as it may require for the performance of its duties, and shall determine the qualifications and duties and fix the compensation of such officers, agents, and employees, provided that in no event shall the commission expend more than two percent of the funds it receives in any given year on operating expenses, exclusive of the cost of the annual audit required under subsection 3 of this section. (5) The commission shall fix the time and place at which its meetings shall be held. Meetings shall be held within the district and shall be open to the public and shall comply with the provisions of chapter 610. (6) A majority of the commissioners shall constitute a quorum for the transaction of business. No action of the commission shall be binding unless taken at a meeting at which at least a quorum is present, and unless a majority of the commissioners present at such meeting shall vote in favor thereof. (7) Commissioners shall be subject to all provisions of all applicable to conflicts of interest in any business transaction of the district or commission. A commissioner shall disclose any conflict of interest in writing to the other commissioners and shall abstain from voting on any matter relating to such activity or such business transaction. (8) Commissioners shall have official immunity under the common law for any action at law or equity, or other legal proceeding against any commissioner relating to any act or omission of the commissioner arising out of his or her performance of duties as a commissioner. If any action at law or equity, or other legal proceeding, shall be brought against any commissioner for any act or omission arising out of the performance of duties as a commissioner, the commissioner shall be indemnified in whole and held harmless by the

SB 1059 commission for any judgment or decree entered against the commissioner, and shall be defended at the expense of the commission in any such proceeding.

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