Senate Bill No. 470
(Senators Anderson, Love, Ball, Dittmar, Helmick, Mitchell,
Ross, Unger, Deem and Minear, original sponsors)
[Passed March 11, 2000; in effect from passage.]
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hundred thirty-one, as amended, be repealed; and that sections one,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, 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
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
§19-7-4. When fairs, festivals and events are entitled to state
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.
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
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
§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 or the sale of state lottery tickets 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 "the state fair of West Virginia"; with the exclusive right to the use of that designation.
(b) The governor and commissioner of agriculture are hereby
made ex officio members of the board of directors of the state fair
of West Virginia 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. In the event the
Legislature appropriates a sum of twenty thousand dollars or more
to the state fair of West Virginia, then the state fair of West
Virginia may not participate in the benefits provided in section one
of this article; and 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
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 the fairs, festivals or events or the 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.