Senate Bill No. 470

(By Senators Anderson, Love, Ball, Dittmar, Helmick, Mitchell,



Ross, Unger, Deem and Minear)

________

[Originating in the Committee on Agriculture; reported February


11, 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 rewriting and updating the law on state aid for fairs and festivals.

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article seven, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; and that sections one, two, four, eight, nine and ten of said article be amended and reenacted, all to read as follows: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 AND FESTIVALS.

§19-7-1. Amount of state aid for fairs and festivals.
For the purpose of encouraging agriculture, any incorporated agricultural or industrial association, organization or individual conforming to the requirements of this article and the rules promulgated pursuant to this article, shall may receive from the state of West Virginia an annual sum equal to the amount paid by the association for exhibits of agriculture, horticulture, flora culture, livestock and home economics at its annual exhibition an amount not to exceed twenty thousand dollars.
§19-7-2. State aid where more than one fair or festival in county.
In case there is When more than one association, organization or individual holding annual exhibitions a fair, festival or event in a county and is eligible to receive the benefits of pursuant to this article, the county association is associations, organizations or individuals are entitled eligible 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 one of this article, at the annual exhibition of the associations. organizations or individuals.
§19-7-4. When fairs and festivals are 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 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 shall also be entitled to such the benefits set forth in this article.
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 such exhibitions are in the interest of the agricultural and or the industrial development of the state.
The commissioner of agriculture is hereby empowered and authorized to assist in the promotion and operation of an annual state fair and 4-H regional fairs, and, when funds are available, to expend the same 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 incorporated agricultural association, organization or individual which is the recipient of state aid under this article shall 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 thereby forfeit all right to eligibility for state aid for a period of three years. This section, however, shall may 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; authority to propose rules.

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 the 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 directors of said 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.
The provisions of this section shall 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 above designated.
For the purpose of encouraging agriculture and industry, the state fair of West Virginia shall not be is not limited to the appropriations authorized by section one of this article. In the event the Legislature shall appropriate appropriates a sum of ten twenty thousand dollars or more to the state fair of West Virginia, then and in that event the said the state fair of West Virginia shall may not participate in the benefits provided in section one of this article; and nothing contained in this article shall 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.
The commissioner of agriculture is hereby empowered to make and enforce rules and regulations may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, for the purpose of carrying out the provisions of this section.
§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 annual state, county or local
exhibition or community development, when such annual the exhibition 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 may 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 and provide monetary assistance to the exhibitors of county, community and state shows fairs, festivals or events of any agricultural or horticultural products when appropriations are specifically made available for such purposes. specific events or organizations.
______

(NOTE: The purpose of this bill is to rewrite and streamline the process for disbursing allocated funds to the various agricultural fairs, festivals and events in the state.

Strike-throughs indicate language which would be deleted from the code; and underscoring indicate language which would be added.)