Public Laws

124th Legislature

First Regular Session

Chapter 62

S.P. 89 - L.D. 266

An Act To Preserve Statewide Public Broadcasting

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 20-A MRSA §852, sub-§3,  as enacted by PL 1991, c. 848, §2, is amended to read:

3. Transfer of assets and liabilities.   The University of Maine System may transfer any assets and liabilities acquired pursuant to this section in order to unify operation in a nonprofit, nonstock private corporation . , referred to in this section as "the corporation." The University of Maine System retains a reversionary interest in the university's assets as provided for in the articles of incorporation of that corporation. An annual appropriation for operating, constructing, equipping, maintaining, improving and replacing facilities of the corporation must be made in amounts sufficient to ensure delivery of broadcast sources throughout the State.

Sec. 2. 20-A MRSA §852, sub-§4  is enacted to read:

4 Condition of funding.   As a condition of receiving an appropriation or allocation of state funds to broadcast throughout the State, the corporation shall continue to operate, equip and maintain facilities used to provide signals identified under paragraphs A and B that were in operation on February 1, 2009 or an equivalent network providing equivalent or expanded broadcast coverage throughout the State:
A A television broadcast signal originating from stations whose community of license is Presque Isle, Calais, Orono, Augusta and Biddeford; and
B A radio broadcast signal originating from stations whose community of license is Fort Kent, Presque Isle, Calais, Bangor, Waterville, Camden and Portland.

Sec. 3. 20-A MRSA §852, sub-§5  is enacted to read:

5 Failure to meet funding conditions.   If the corporation fails to meet the requirements of subsection 4 during any state fiscal year in which an appropriation or allocation has been made, the corporation shall return the full amount of that appropriation or allocation to the Treasurer of State within 15 business days of the beginning of the next state fiscal year.

Sec. 4. 20-A MRSA §852, sub-§6  is enacted to read:

6 Exceptions.   The corporation does not fail to meet the requirements of subsection 4 if:
A One or more of the broadcast signals described in subsection 4, paragraphs A and B is off the air for a period of time due to a reason outside of the control of the corporation; or
B All of the television broadcast signals or all of the radio broadcast signals are off the air for an equal period of time for any reason.

Effective September 12, 2009

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333