H. B. 4187
(By Delegates Kelley, Yeager, Boggs, Butcher,
Ennis, Evans and Williams)
(Originating in the Committee on
Agriculture and Natural Resources)
[January 26, 2000]
A BILL 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; and to amend and
reenact sections one, two, four, eight, nine and ten of said
article, all relating to state aid for fairs.
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hundred thirty-one, as amended, be repealed; and that sections one,
two, four, eight, nine and ten of said article be amended and
reenacted, all to read as follows:
ARTICLE 7. STATE AID FOR FAIRS
§19-7-1. Amount of State Aid.
For the purpose of encouraging agriculture, and agricultural
related economic development, any
association or individuals conforming to the requirements of this
article shall receive from the state of West Virginia an annual sm
equal to the amount paid by the association for exhibits of
agriculture, horticulture, flora culture, livestock and home
economics at its annual exhibition an annual amount not to exceed
twenty thousand dollars.
§19-7-2. State aid where more than one fair in county.
In case there is more than one association holding annual
exhibitions in a county and eligible to receive the benefits of
this article, the association is entitled to receive from the state
a sum, not exceeding in the aggregate fifty thousand dollars, to be
apportioned among the associations,
according to the amount of
premiums paid for the exhibits as are mentioned in section (19-7-1)
of this article, at the annual exhibition of the associations
organizations or individuals.
§19-7-4. When fairs entitled to state aid.
Agricultural associations shall have the benefit of this
article only after they shall have held annual exhibitions of the
character designated by this article for three consecutive years
next prior to the year such association applies for such benefits,
but incorporated Agricultural associations, organizations or
individuals, purchasing or leasing the grounds and buildings of an association, organization or individual, entitled to the benefits
of this article shall also be entitled to such benefits.
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 judgment of
the commissioner of agriculture such exhibitions are in the
interest of the agricultural and or the industrial development of
The commissioner of agriculture is hereby empowered and
authorized to assist in the promotion and operation of an annual
state fair and Four-H regional fairs, and, when funds are
available, to expend the same for their support and development.
§19-7-8. Gambling devices and immoral shows prohibited; forfeiture
of right to state aid; horse racing exempt.
agricultural association, organization, or individual,
which is are the recipients of state aid under this article shall
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 thereby forfeit all right to state
aid for a period of three years. This section, however, shall not
be so construed as 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; rules and regulations.
The corporation now known as "Greenbrier Valley Fair" is
hereby designated "the state fair of West Virginia"; with the
exclusive right to the use of said designation, after such
amendments as may be made necessary by such change of name, if any,
are made in its charter, constitution and bylaws.
The governor and commissioner of agriculture are hereby made
ex officio members of the board of directions of said 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.
For the purpose of encouraging agriculture and industry, the
state fair of West Virginia shall not be limited to the
appropriations authorized by section one (19-7-1) of this article.
In the event the legislature shall appropriate a sum of
thousand twenty thousand dollars or more the state fair of West
Virginia, then and in that event the said state fair of West
Virginia shall not participate in the benefits provided in section
one of this article; and nothing contained in this article shall 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.
The commissioner of agriculture is hereby empowered to make
and enforce rules and regulations for the purpose of carrying out the provision of this section.
§19-7-10. Appropriations specifically made available for designated
For the purpose of encouraging agriculture, forestry, and
industries related thereto agriculturally related thereto, economic
development, and when appropriations are specifically set out in
the budget bill budgeted by the legislature for any annual state or
local exhibition event subject to this article, when such annual
exhibition event 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 is hereby authorized and empowered to expend such
moneys for such purposes, and nothing contained in this article
shall be construed or interpreted to prevent the commissioner from
paying awards to exhibitors and expenses in connection with the
operation of such annual exhibition.
The commissioner of agriculture is authorized and empowered to
pay premiums and awards provide monetary support to and on behalf
of the agricultural associations or individuals who conduct events
which include exhibits of any agricultural or horticultural
products when appropriations are specifically made available for
such purposes specific events or organizations.