CHAPTER 447

An Act to amend and reenact §§ 22-331, 22-882, 22-884, 22-886, 22-887,
22-838, 22-839, 22-840, 22-841, 22-848 and 22-844 of the Code of
Virginia, relating to Educational Television; and to repeal § 22-842
of the Code of Virginia, relating to the same subject. rH 877]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1. That §§ 22-331, 22-332, 22-334, 22-336, 22-337, 22-338, 22-339, 22-340,
22-341, 22-343 and 22-344 of the Code of Virginia be amended and reen-
acted as follows:

§ 22-331. This chapter may be cited as the “Educational Television
Station Facilities * Act.”

22-332. As used in this chapter:

(a) “Television station” or “station” means transmitter, studio,
tower, and other facilities required for, or useful in, the production and
broadcasting or transmission of educational or cultural television pro-~
grams which may only be received through those devices known as tele-
vision receivers * ;

(b) “Nonprofit” as applied to a television station means a station
owned and operated * in such a manner as to assure that no part of the
net earnings * enures, or may lawfully enure, to the benefit of any private
shareholder or individual, and that said television station only produces
or broadcasts for educational or cultural purposes;

(c) “Council” means the Virginia Advisory Council on Educational
Television, created under this chapter.

(d) “Project” means the construction, improvement, maintenance
and operation or acquisition of a television station, or transmission relay
station, together with its component parts, or a studio facility for the
development and production of television programs, or specified assistance
in the development of plans for implementing television facilities and
services, or a combination of the foregoing.

§ 22-334. In carrying out the purpose of this chapter, the Council,
through its chairman, is authorized *:

(a) To acquire such reports, make such inspections and investiga-
tions and prescribe such reasonable regulations as it deems necessary; to
procure the temporary services of experts or consultants or organizations
thereof when such services are to be performed on a part-time or fee-for-
service basis; to enter into agreements for the utilization of the facilities
and services of other State departments, agencies and institutions, public
or private; *

(b) To accept on behalf of the State and to deposit with the State
Treasurer any grant, gift, or contribution made to assist in meeting the
cost of carrying out the purposes of this chapter, and to expend the same
for such purpose;

(c) To assist localities in planning and developing educational tele-
vision facilities, including the furnishing of Video Tape for recording
programs to be used in connection therewith, as well as participating in
the payment for preparation and recording lessons and Video Tape Re-
corder equipment to be used in broadcasting or transmission of educa-
tional television programs;

(d) To promulgate rules and regulations for carrying out the pur-
poses of this chapter, including reasonable standards and criteria for
determining the eligibility of applicants for State aid as provided in this
chapter, the extent to which existing facilities may be considered in deter-
mining the applicant’s share of the cost of a project, and to govern the
method and transmission of programs;

(e) To produce and distribute educational television programs to any
area of the State, and make necessary contracts for such distribution,
broadcasting and transmission, and to acquire property and construct,
maintain and operate a facility or facilities for production of educational
or cultural television programs.

§ 22-336. The Council is authorized * to make an inventory of exist-
ing facilities for educational television, to survey the need for construction
of educational television facilities, and on the basis of such inventory and
survey, to develop a program for the construction and operation of such
public and other nonprofit facilities for educational television as will, in
conjunction with existing facilities, afford the necessary educational tele-
vision facilities as will furnish adequate educational television programs
throughout the State.

§ 22-337. The * program shall provide, in accordance with regula-
tions which the Council is hereby authorized to adopt under this chapter,
for adequate educational television facilities for the people residing in
this State and, in so far as possible, shall provide for their distribution
throughout the State in such manner as to make educational television
programs reasonably accessible to persons desiring the same throughout

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§ 22-338. The Council shall prepare and make public a State plan
which shall include the educational television facilities * program developed
under this chapter and which shall provide for the establishment, admin-
istration, and operation of * television stations in accordance with the regu-
lations adopted under this chapter. The council shall give adequate publicity
to a general description of all the provisions proposed to be included there-
in, and hold a public hearing at which all persons or organizations with an
interest in such plan may be given an opportunity to express their views.
After approval of the plan by the Council, it shall make the plan, or a
copy thereof, available upon request to all interested persons or organiza-
tions. The Council shall from time to time review the educational television
facilities * program and make such amendments as seem proper. The State
Board of Education shall work in cooperation with the Council and will
| such services as may be agreed upon including a secretary for the

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§ 22-339. The State plan shall set forth the relative need for the
several projects included in the * program determined in accordance with
regulations prescribed by the Council, and provide for the construction,
maintenance and operation, in so far as financial resources available there-
for * make possible, in the order of such relative need.

§ 22-340. Applications for educational television facility * projects
for which State funds are requested shall be submitted to the Council *
in such form and manner as may be provided in the plan or regulations of
the Council.

§ 22-341. The Council shall afford to every applicant for a * project
an opportunity for a fair hearing. If the Council, after affording reason-
able opportunity for development and presentation of applications in the
order of relative need, finds that a project application complies with the
requirements of this chapter and is otherwise in conformity with the State
plan, it may approve such application.

§ 22-343. The Council is hereby authorized to receive funds in behalf
of, and transmit them to, such applicants. There is hereby established
separate and apart from all public moneys and funds of this State, an
Educational Television Facility Construction Fund. Money received for a
* project approved by the Council shall be deposited to the credit of this
fund and shall be used solely for payments due applicants for work per-
formed, or purchases made, in carrying out approved projects. Invoices for
all payments from such fund shall bear the signature of the Council or its
duly authorized agent for that purpose. The Council shall determine when
payment of State funds is to be made toward the cost of an approved
project, and the conditions of such payment, such payment to be made by
the Treasurer upon warrants signed by the Comptroller, and vouchers
signed by the chairman acting for the Council.

§ 22-344. The contribution by the State to the * cost of any * proj-
ect for educational television shall not exceed one- * half of the cost thereof.
No part of the State appropriation for the * cost of any educationa! tele-
vision facility shall be made available by the Council unless and until the
Council has satisfactory assurances that the necessary funds to finance *
one-half of the cost of any such project have been or will be made available
from sources other than State funds. In making the determination of the
applicant’s share, the Council may consider the values or existing or par-
tially completed facilities, in accordance with rules and regulations promul-
gated under § 22-3384.

2. That § 22-342 of the Code of Virginia is repealed.