ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 470
(By Senators Anderson, Love, Ball, Dittmar, Helmick, Mitchell,
Ross, Unger, Deem and Minear)
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[Originating in the Committee on Finance;
reported February 25, 2000.]
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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hundred thirty-one, as amended, be repealed; and that sections one,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, 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
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
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 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 state.
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 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
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.