This is an expected outcome for last summers debate of the airing of the homosexual propaganda "documantary" called It's Elementary. As you remember, the members of the Joint Finance Committee made several attempts to influence IPTV Director Peter Morill to remove the program from public television. Mr. Morrill flew in the face of the citizens of Idaho and the face of the legislature, and aired the program anyway. As I reported to you all, the questioning of Mr. Morrill was very stern, but as was expected, when the rubber hit the road, our tough talking legislators are somewhat soft squishy legislators at heart. They did however, only fund half of the requested amount, and we did get some intent language in the appropriation, but I FEAR it isn't really worth the paper and ink used to write it. But at least it is a legislative statement, and a base line for next year if the State Board decides to use it. Historically they have avoided setting any kind of policy or limits.
VOTE ON AMENDING OUT INTENT LANGUAGE
At this time, the Speaker recognized Mr. Pischner to open debate (FOR THE BILL AS WRITTEN).
Mr. Chase moved that H 768 be placed
on General Orders (TO GET RID OF
THE GOOD INTENT LANGUAGE) for consideration. Seconded by
Ms. Jaquet.
The question being, "Shall the motion carry?"
Roll call resulted as follows:
AYES -- Bieter, Boe, Chase, Cuddy, Gould,
Hansen(29), Henbest, Jaquet, Jones, Judd,
Kempton, Marley, Ridinger, Ringo, Robison, Shepherd, Smylie, Stoicheff,
Trail. Total -- 19. THESE PEOPLE WANTED TO GET RID
OF MY INTENT LANGUAGE THAT RESTRICTS IPTV FROM AIRING AND PROMOTING ILLEGAL
ACTS. (THEY ARE THE BAD GUYS)
NAYS -- Alltus, Barraclough, Barrett, Bell,
Black, Bruneel, Callister, Campbell, Cheirrett, Clark,
Crow, Deal, Denney, Ellsworth, Field(13), Field(20), Geddes, Hadley,
Hammond, Hansen(23),
Hornbeck, Kellogg, Kendell, Kunz, Lake, Linford, Loertscher, Mader,
McKague, Meyer,
Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds,
Sali, Schaefer,
Sellman, Smith, Stevenson, Stone, Taylor, Tilman, Wheeler, Wood, Zimmermann,
Mr. Speaker.
Total -- 50. THESE PEOPLE WANTED TO KEEP MY LANGUAGE
(GOOD GUYS)
Absent and excused-Gagner. (that's call "taking a walk" so you don't have to vote) Total-1.
Total -- 70.
Whereupon the Speaker declared the motion
failed.
The question being, "Shall H 768 pass?"
Roll call resulted as follows:
AYES -- Barraclough, Bell, Black,
Boe, Bruneel, Campbell, Chase, Cheirrett, Clark, Crow,
Cuddy, Deal, Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley,
Hammond, Hansen(23),
Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
Kendell, Kunz, Lake,
Mader, Marley, Meyer, Moss, Moyle, Pischner, Pomeroy, Reynolds, Ridinger,
Sellman,
Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Trail, Zimmermann,
Mr. Speaker.
Total -- 50. THIS IS THE VOTE TO FUND PUBLIC
TV AT THE FULL AMOUNT
NAYS -- Bieter, Ringo,
Robison, Barrett, Callister, Denney, Loertscher, McKague, Mortensen,
Pearce, Sali, Schaefer, Taylor, Tilman, Wheeler, Wood. Total -- 16.
THIS IS THE VOTE TO NOT FUND IPTV
(the bold ones voted no because of the intent language,
they are bad guys)
Absent and excused -- Alltus, Geddes, Linford, Montgomery. "Took a walk" Total -- 4.
Total -- 70.
Whereupon the Speaker declared H 768 passed the House. Title
was approved and the bill was
ordered transmitted to the Senate.
H 768 was read the third time at length, section by section, and placed
before the Senate for final
consideration. Senator Bunderson arose as
sponsor of the bill and opened the debate. The
question being, "Shall the bill pass?"
Moved by Senator Schroeder, seconded
by Senator Dunklin, that H 768 be referred
to the
Fourteenth Order of Business for amendment.
THIS WAS TO GET RID OF MY INTENT LANGUAGE
The question being, "Shall the motion prevail?"
Whereupon the President declared that the motion, by
voice vote, had not prevailed (THEIR VOTE ISN'T RECORDED. A SENATOR
HAS TO PASS ON THE NAMES). Noh(R), Danielson
(R), Dunklin (D), McLaughlin (D), Schroeder (R),
Stegner (R), Stennett (D),
(BAD GUYS)
The Question being, "Shall H 768 pass?" To fund IPTV
Roll call resulted as follows:
AYES-ALL REPUBLICANS-Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow, Darrington, Davis, Deide, Frasure, Geddes, Ingram, Ipsen, Keough, King-Barrutia, Lee, Parry, Richardson, Riggs, Risch, Sandy, Thorne, Williams. Total - 23. THIS IS THE VOTE TO FUND IPTV WITH MY LANGUAGE (The BOLD are LDS-Republicans)
NAYS--Danielson (R), Dunklin (D), Hawkins (R), McLaughlin (D), Noh (R), Schroeder (R), Sorensen (R), Stegner (R), Stennett (D), Wheeler (R), Whitworth (D). Total - 11. THESE VOTED TO NOT FUND IPTV WITH OR WITHOUT MY LANGUAGE (Bold voted "no" because they didn't my like the language)
Absent and excused--Walton
(Branch). Total - 1.
Statement of Purpose
This is the FY 2001 appropriation for the Idaho Educational Public
Broadcasting System. The
IEPBS, which is commonly known as Idaho Public Television, is under
the direction of the State
Board of Education. This legislation also
includes three sections of legislative intent language. The
first directs the State Board of Education to evaluate, establish and enforce
certain IEPBS policies. The second directs the
State Board of Education to provide the Federal Communications Commission
with all of the required notifications concerning the IEPBS conversion
to digital television. The third directs the State Board of
Education and IEPBS to pursue all viable funding sources to help pay the
costs of the DTV conversion.
THIS IS THE SECTION THAT DEALS WITH THE INTENT
LANGUAGE.
I couldn't cut and paste the financial graph
of the dollars, so for the dollars you will have to go to my "links of
interest," and click on the "bills by number," and get the bill directly.
~~~~~~~~~~~~~~~~~~~~~~~~~~
32 SECTION 3. It is
the intent of the Legislature that the Idaho
State Board
33 of Education (SBOE)
evaluate, establish and enforce fiscal, programming and
34 accountability
policies for the Idaho Educational Public Broadcasting System
35 (IEPBS) that augment federal public broadcasting
system policies or regula-
36 tions. These Idaho
policies are to include the following:
37 (a) No
program shall be broadcast which promotes, supports
or encourages
38
violation of Idaho criminal statutes.(This
is my language that was in one of my bills that didn't get printed, and
is the line that was amended out of my H-652 that is looking good, I'm
glad to see it here)
39 (b) The highest
priority for IEPBS broadcasts shall be to
select programs
40
that encourage, support and strengthen: K-12 education, higher
education,
41
public safety, lifelong learning,
cultural and family enrichment, charac-
42
ter education and virtues resolved by the Legislature
in March 1995 (This was the Resolution
that was to use "Bennetts Book of Virtues" as a character guideline in
curriculum.)
Statesman Article and House Journal vote below
Public TV funds get House OK, Idaho station faces limits on programs
By Mark Warbis
The Associated Press
The House decided Monday that financing the start of Idaho Public Television’s
digital conversion was more important than rejecting a legislative mandate
attached to it that critics said amounted to
censorship.
The legislation appropriates $3.6 million in state tax receipts to the
Idaho Educational Public Broadcasting System for the budget year that starts
July 1, including $2 million toward the federally required conversion to
digital transmission. It was forwarded to the Senate on a 50-16 vote.
But there first was a 50-19 vote against putting the bill up for amendment.
Democrats and moderate Republicans wanted to excise from the proposal a
section ordering the State Board of Education to enforce a policy against
broadcasting any program that “promotes, supports or encourages” violation
of state criminal laws.
The bill’s language was crafted by Sen. Hal Bunderson, R-Meridian."I don’t believe that we need intent language for legislative censorship of public television,” Rep. Ken Robison, D- Boise, a member of the budget-setting Joint Finance-Appropriations Committee, said. “That language is so all-encompassing that it goes far beyond any reasonable policy.” He said public affairs programs on any number of controversial issues, or even something as benign as a murder mystery, might be barred under the sweeping edict to micro-manage the system. But Robison and fellow Democrats Shirley Ringo of Moscow and David Bieter of Boise were the only supporters of removing that language to ultimately vote against the unchanged bill. The others chose a restricted system over none at all.
The policy statement was aimed at preventing a recurrence of decisions
like last September’s airing of “It’s Elementary,” a documentary that dealt
with a public school discussion of tolerance toward homosexuals.The program
was broadcast — albeit an hour later than initially planned, at the urging
of Gov. Dirk Kempthorne — despite protests from conservative lawmakers
and such organizations as Idaho Eagle Forum, Idaho Family Forum and the
Idaho Christian Coalition.
“Some of this language is there because the Board of Education
failed in their responsibility” to rein in programming some policy makers
find objectionable, Appropriations Chairman Bob Geddes said, rejecting
arguments that the Legislature has no business imposing its will on public
TV programming. “If we’re going to get the government out of public television,
we better get the funding out of public television, too,” the Soda Springs
Republican said.
Rep. JoAn Wood, R-Rigby, said she was among several budget writers who
would have opposed any financing of public TV’s digital
conversion without the policy statement. Others said while
advertisers can readily pull their support for commercial television programs
they find offensive, taxpayers have no such choice in whether to support
public television. Rep. Thomas Loertscher, R-Iona, said some public television
programs “are offensive to all of us.” As an example, he cited a recent
broadcast of Gustave Flaubert’s classic “Madame Bovary.”
“If we reach the point that we don’t have to pay for it, then, frankly, I don’t care what’s on there,” Rep. Lenore Barrett, R-Challis, said. The state covers about 29 percent of Idaho Public Television’s annual budget. Federal funding accounts for about 19 percent, and about half is contributed by private donors. Public TV’s allies twice beat back proposals in the budget committee to commit little or nothing in the next year to digital conversion. But then they lost bids for the full $4 million sought for the first phase of the three-year, $11.5 million project and the $2.5 million option recommended by Kempthorne.
They finally got the $2 million allocation that at least will
allow public television managers to notify the Corporation for Public Broadcasting
in coming weeks that the state is committed to the conversion. Idaho PTV
also must submit an application for conversion facilities with federal
broadcast regulators by May. Failure to meet either deadline would cost
the state its broadcast licenses, which would be auctioned off to the highest
bidder. “This bill is really about the importance of conversion to digital,”
Republican Rep. Don Pischner of Coeur d’ Alene said. “Do not say no to
funding this conversion."
H-768.....................................................by APPROPRIATIONS
APPROPRIATIONS - PUBLIC BROADCASTING - Appropriates $4,421,800 to the
State
Board of Education for the Idaho Educational Public Broadcasting System
for
fiscal year 2001; limits the number of authorized full-time equivalent
positions to 38; provides legislative intent regarding fiscal, programming
and accountability policies; provides legislative intent regarding
notification to the Federal Communications Commission regarding conversion
to digital technology; and provides intent regarding pursuit of public
and
private funding sources for the conversion to digital broadcasting
standards.
03/22 House intro - 1st rdg - to printing
Bill Text
H-768
||||
LEGISLATURE OF THE STATE OF IDAHO
||||
Fifty-fifth Legislature
Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 768
BY APPROPRIATIONS COMMITTEE
1
AN ACT
2 APPROPRIATING MONEYS FOR THE IDAHO EDUCATIONAL
PUBLIC BROADCASTING SYSTEM FOR
3 FISCAL YEAR
2001; AND LIMITING THE NUMBER OF FULL-TIME EQUIVALENT POSI-
4 TIONS; EXPRESSING
LEGISLATIVE INTENT THAT THE STATE BOARD OF EDUCATION
5 EVALUATE,
ESTABLISH AND ENFORCE CERTAIN IDAHO EDUCATIONAL PUBLIC BROAD-
6 CASTING SYSTEM POLICIES;
EXPRESSING LEGISLATIVE INTENT THAT THE STATE
7 BOARD OF
EDUCATION WILL PROVIDE ALL REQUIRED NOTIFICATIONS FOR THE IDAHO
8 EDUCATIONAL PUBLIC
BROADCASTING SYSTEM CONVERSION TO DIGITAL BROADCAST
9 TECHNOLOGY;
AND EXPRESSING LEGISLATIVE INTENT THAT IDAHO EDUCATIONAL PUB-
10 LIC BROADCASTING
SYSTEM PURSUE ALL VIABLE FUNDING OPTIONS TO PAY FOR THE
11 CONVERSION TO DIGITAL
BROADCAST TECHNOLOGY.
12 Be It Enacted by the Legislature of the
State of Idaho:
13 SECTION 1.
There is hereby appropriated to the State Board of Education
14 for the Idaho Educational Public Broadcasting
System the following amounts, to
15 be expended according to the designated
expense classes from the listed funds
16 for the period July 1, 2000, through June
30, 2001:
17
FOR FOR
FOR
18
PERSONNEL OPERATING
CAPITAL
19
COSTS EXPENDITURES OUTLAY
TOTAL
20 FROM:
21 General Fund
$ 966,400 $612,900
$2,019,300 $3,598,600
22 Federal Grant
23 Fund
758,800 64,400
823,200
24 TOTAL
$1,725,200 $677,300 $2,019,300
$4,421,800
25 SECTION 2.
In accordance with Section 67-3519, Idaho Code, the Idaho Edu-
26 cational Public Broadcasting
System is authorized no more than thirty-eight
27 (38) full-time equivalent positions to be
funded by the appropriation in Sec-
28 tion 1 of this act, at any point during
the period July 1, 2000, through June
29 30, 2001, unless specifically authorized
by the Governor. The Joint Finance-
30 Appropriations Committee will be notified
promptly of any increased positions
31 so authorized.
32 SECTION 3.
It is the intent of the Legislature that the Idaho State Board
33 of Education (SBOE) evaluate, establish
and enforce fiscal, programming and
34 accountability
policies for the Idaho Educational Public Broadcasting System
35 (IEPBS) that augment
federal public broadcasting system policies or regula-
36 tions. These Idaho
policies are to include the following:
37 (a) No
program shall be broadcast which promotes, supports or encourages
38 violation of Idaho
criminal statutes.
39 (b) The highest
priority for IEPBS broadcasts shall be to select programs
40 that encourage,
support and strengthen: K-12 education, higher education,
41 public
safety, lifelong learning, cultural and family enrichment, charac-
42
ter education and virtues resolved by the Legislature
in March 1995
2
1
(H.C.R. No. 19), and in-depth news coverage, documentaries and information
2
valuable for Idaho citizens.
3 (c) Any
decision to broadcast programs expected to be of a controversial
4
nature, including programming format, shall be monitored by SBOE
as the
5
Federal Communications Commission (FCC) license holder for IEPBS.
6 The
State Board of Education shall report
to the Joint Finance-
7 Appropriations Committee during the 2001
legislative session on the adoption,
8 implementation and effect of these and any
related policies.
9 SECTION 4.
It is the intent of the Legislature that the Idaho State Board
10 of Education, as the
FCC license holder for the Idaho Educational Public
11 Broadcasting System (IEPBS), provide
the FCC with all required notifications
12 that IEPBS will
convert its analog broadcast systems to the FCC digital tech-
13 nological standard
by May 1, 2003, as mandated by FCC regulations.
14 SECTION 5.
It is legislative intent that the Idaho State Board of Educa-
15 tion and the Idaho
Educational Public Broadcasting System (IEPBS) pursue all
16 viable public and
private funding sources including capital fund-raising cam-
17 paigns and
actions that will maximize the funds or in-kind
contributions
18 needed to pay for
the IEPBS conversion to the FCC digital broadcasting stan-
19 dards.
There is a money chart here, but it was goofy when I pasted it in here.
Get the rest off the "Links of Interest."
Contact: Ross Borden 334-4745
Legislative Services Office, Budget & Policy Analysis
Statement of Purpose/Fiscal Note