ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 263
(Senators Anderson, Ross and Caldwell, original sponsors)
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[Passed April 12, 2001; in effect ninety days from passage.]
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AN ACT to repeal sections three, five, six and seven, article
seven, chapter nineteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; to amend and
reenact sections one, two, four, eight, nine and ten of said
article; and to further amend said article by adding thereto
a new section, designated section eleven, all relating to
rewriting and updating the law on state aid for fairs and
festivals; and authorizing the commissioner of agriculture to
make the determination of eligibility to receive these funds.
Be it enacted by the Legislature of West Virginia:
That sections three, five, six and seven, article seven,
chapter nineteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be repealed; that sections one,
two, four, eight, nine and ten of said article be amended and reenacted; and that said article be further amended by adding
thereto a new section, designated section eleven, all to read as
follows:
ARTICLE 7. STATE AID FOR FAIRS AND FESTIVALS.
§19-7-1. Amount of state aid for fairs and festivals.
For the purpose of encouraging agriculture, any agricultural
or industrial association, organization or individual conforming to
the requirements of this article and the rules promulgated pursuant
to this article may receive from the state of West Virginia an
amount not to exceed twenty thousand dollars.
§19-7-2. State aid where more than one fair, festival or event in
county.
When more than one association, organization or individual
holding a fair, festival or event in a county is eligible to
receive the benefits pursuant to this article, the county
associations, organizations or individuals are eligible to receive
from the state a sum not exceeding in the aggregate fifty thousand
dollars to be apportioned among the associations, organizations or
individuals.
§19-7-4. When fairs, festivals and events are entitled to state
aid.
(a) Associations, organizations or individuals purchasing or
leasing the grounds and buildings of an agricultural or industrial association, organization or individual entitled to the benefits of
this article are also entitled to the benefits set forth in this
article.
(b) Other agricultural and industrial associations not
entitled to aid under the provisions of this article may receive
aid from the state of West Virginia, if funds are available, when,
in the judgment of the commissioner of agriculture, the exhibitions
are in the interest of the agricultural or the industrial
development of the state.
(c) The commissioner of agriculture may assist in the
promotion and operation of an annual state fair and 4-H regional
fairs and, when funds are available, to expend those funds for
their support and development.
§19-7-8. Gambling devices and immoral shows prohibited; forfeiture
of right to state aid; horse racing exempted.
No association, organization or individual which is the
recipient of state aid under this article may operate or permit to
be operated in conjunction with the fair, festival or event any
gambling device or any indecent or immoral show. Any association,
organization or individual violating the provisions of this section
shall forfeit all eligibility for state aid for a period of three
years. This section, however, may not be construed to prevent
horse racing or horse shows at any fair receiving state aid.
§19-7-9. State fair of West Virginia; ex officio members of board
of directors; appropriations; authority to propose rules.
(a) The corporation formerly known as "Greenbrier Valley fair"
is designated "the state fair of West Virginia"; with the exclusive
right to the use of that designation.
(b) The governor and commissioner of agriculture are ex
officio members of the board of directors of the fair association
for the purpose of protecting the interests of the state in the
awarding of premiums and in the arrangement of the agriculture and
other exhibits.
(c) The provisions of this section may not alter, change or
alienate the rights of any other association, organization or
individual entitled to benefits under the provisions of this
article, except as to the use of the name designated in subsection
(a) of this section.
(d) For the purpose of encouraging agriculture and industry,
the state fair of West Virginia is not limited to the
appropriations authorized by section one of this article. Nothing
contained in this article may be construed or interpreted to
prevent the state fair of West Virginia from receiving the benefit
of any sum specifically appropriated for its use by the Legislature
to pay awards and exhibition expenses.
§19-7-10. Appropriations specifically made available for designated
exhibitions.
For the purpose of encouraging agriculture, forestry and
industries related thereto and the development and progress of the
state, and when appropriations are specifically set out in the
budget bill by the Legislature for any state, county or local
exhibition or community development, when the exhibition or
community development is held in the interest of the public and
substantially supported financially by an association or
corporation not operated for profit, the commissioner of
agriculture may expend any moneys for those purposes and nothing
contained in this article may be construed or interpreted to
prevent the commissioner from paying awards to exhibitors and
expenses in connection with the operation of the exhibition.
The commissioner of agriculture may pay premiums, awards and
provide monetary assistance to the exhibitors at county, community
and state fairs, festivals or events of any agricultural or
horticultural products when appropriations are specifically made
available for specific events or organizations.
§19-7-11. Determination of eligibility; legislative rules.
(a) The commissioner shall administer the provisions of this
article and shall determine the eligibility of an association,
organization or individual to receive state aid described in this article in accordance with the provisions of subsection (b) of this
section.
(b) The commissioner of agriculture shall propose legislative
rules for promulgation pursuant to the provisions of article three,
chapter twenty-nine-a of this code. The rules shall provide for
the administration of the provisions of this article and shall
provide criteria under which the commissioner is to determine the
eligibility of an association, organization or individual to
receive state aid under the provisions of this article.
Notwithstanding any other provisions of this code to the contrary,
until the Legislature has authorized the rules, the commissioner of
agriculture may promulgate emergency rules for those purposes
pursuant to section fifteen, article three, chapter twenty-nine-a
of this code.
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