Senate Bill No. 470
(By Senators Anderson, Love, Ball, Dittmar, Helmick, Mitchell,
Ross, Unger, Deem and Minear)
[Originating in the Committee on Finance;
reported February 25, 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hundred thirty-one, as amended, be repealed; and that sections one,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
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, festival or event in
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, festivals and events are entitled to state
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 are 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 the exhibitions are in the
interest of the agricultural and or the industrial development of
The commissioner of agriculture
is hereby empowered and
authorized to may 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
(a) The corporation
now formerly known as "Greenbrier Valley
fair" is hereby designated "the state fair of West Virginia"; with
the exclusive right to the use of said that designation , after such
amendments as may be made necessary by such change of name, if any,
are made in its charter, constitution and bylaws.
(b) 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.
(c) 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 in
subsection (a) of this section.
(d) 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
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 is hereby
authorized and empowered to may expend such any moneys for such
those 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 the exhibition.
The commissioner of agriculture
is authorized and empowered to
may pay premiums, and awards and provide monetary assistance to the
exhibitors of at 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.