ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 263

(By Senators Anderson, Ross and Caldwell)

____________

[Originating in the Committee on Finance;

reported March 29, 2001.]

____________


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; to amend and reenact sections one, two, four, eight, nine and ten of said article; and to further amend said article by adding thereto a new section, designated section eleven, all relating to rewriting and updating the law on state aid for fairs and festivals; and authorizing the commissioner of agriculture to make the determination of eligibility to receive these funds.

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article seven, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that sections one, two, four, eight, nine and ten of said article be amended and reenacted; and that said article be further amended by adding thereto a new section, designated section eleven, 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, festival or event 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 association is county 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 aid.

(a) 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.
(b) 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 state.
(c) 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.

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.

(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 a sum of ten twenty thousand dollars or more to the state fair of West Virginia, then and in that event the said 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 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.
§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.