H. B. 4187


(By Delegates Kelley, Yeager, Boggs, Butcher,

Ennis, Evans and Williams)


(Originating in the Committee on

Agriculture and Natural Resources)


[January 26, 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 state aid for fairs.
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article seven, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; and that sections one, two, four, eight, nine and ten of said article be amended and reenacted, all to read as follows: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
§19-7-1. Amount of State Aid.
For the purpose of encouraging agriculture, and agricultural related economic development, any incorporated agricultural association or individuals conforming to the requirements of this article shall receive from the state of West Virginia an annual sm equal to the amount paid by the association for exhibits of agriculture, horticulture, flora culture, livestock and home economics at its annual exhibition an annual amount not to exceed twenty thousand dollars.
§19-7-2. State aid where more than one fair in county.
In case there is more than one association holding annual exhibitions in a county and eligible to receive the benefits of this article, the association is entitled 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 (19-7-1) of this article, at the annual exhibition of the associations organizations or individuals.
§19-7-4. When fairs 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 Agricultural associations, organizations or individuals, purchasing or leasing the grounds and buildings of an association, organization or individual, entitled to the benefits of this article shall also be entitled to such benefits.
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 judgment of the commissioner of agriculture such 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 assist in the promotion and operation of an annual state fair and Four-H regional fairs, and, when funds are available, to expend the same for their support and development.
§19-7-8. Gambling devices and immoral shows prohibited; forfeiture of right to state aid; horse racing exempt.
No agricultural association, organization, or individual, which is are the recipients of state aid under this article shall 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 state aid for a period of three years. This section, however, shall 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; rules and regulations.
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 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 directions of said 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.
For the purpose of encouraging agriculture and industry, the state fair of West Virginia shall not be limited to the appropriations authorized by section one (19-7-1) of this article. In the event the legislature shall appropriate a sum of ten thousand twenty thousand dollars or more the state fair of West Virginia, then and in that event the said state fair of West Virginia shall not participate in the benefits provided in section one of this article; and nothing contained in this article shall 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 for the purpose of carrying out the provision of this section.
§19-7-10. Appropriations specifically made available for designated exhibitions.
For the purpose of encouraging agriculture, forestry, and industries related thereto agriculturally related thereto, economic development, and when appropriations are specifically set out in the budget bill budgeted by the legislature for any annual state or local exhibition event subject to this article, when such annual exhibition event 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 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 provide monetary support to and on behalf of the agricultural associations or individuals who conduct events which include exhibits of any agricultural or horticultural products when appropriations are specifically made available for such purposes specific events or organizations.