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
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chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; and that sections one,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
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
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 commissioner of agriculture is hereby
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.
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
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
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.)