CHAPTER 16

(SB 199)

State Fair made part of Department of Agriculture.


         ENTITLED, An Act to  revise the powers and composition of the South Dakota State Fair Commission within the Department of Agriculture.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 1-21-1 be amended to read as follows:

     1-21-1.   There is created a State Fair Commission within the Department of Agriculture. The commission shall perform all functions exercised by the former State Fair Board act in an advisory capacity to the secretary of agriculture . The commission shall may consist of seven up to thirteen

members appointed by and serving at the pleasure of the Governor for a term of four years. The members shall not be all of the same political party. The terms of members who are first appointed after the effective date of the order shall be: three appointed for a term of one year; three appointed for a term of two years; and one for a term of four years, and such initial terms shall be designated by the Governor. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve for only the unexpired portion of the term . Seven of the members may be appointed at large; an additional six members may be appointed from each of the following: 4-H Clubs of South Dakota, a resident of the city of Huron, a resident of Beadle County, a vendor, an exhibitor, and an employee of the South Dakota State University. Not all of the members may be of the same political party. The commission shall meet periodically at the call of the secretary and shall assist the Department of Agriculture in planning, promoting, and presenting the state fair and such other duties as assigned by the secretary.

     Section  2.  That § 1-21-1.1 be repealed.

     Section  3.  That § 1-21-4 be amended to read as follows:

     1-21-4.   The State Fair Commission secretary of agriculture shall appoint some suitable person, not a member thereof, as secretary-treasurer, who shall receive a salary and his necessary traveling expenses while engaged in the discharge of his duties, which salary shall be in full compensation for all his services as secretary-treasurer of such commission. He shall qualify by executing a bond to the State of South Dakota in the penal sum of not less than five thousand dollars conditioned for the faithful performance of all the duties of his office which bond shall be approved and filed as provided by law for approval and filing of bonds for state officers. He shall perform such duties as may be prescribed by law or required by the State Fair Commission. and may , at pleasure, remove, subject to the approval by the Governor, a state fair manager. The manager shall perform such duties as may be required by the secretary of agriculture. The state fair manager shall serve as an ex-officio member of the State Fair Commission.

     Section  4.  That § 1-21-7 be repealed.

     Section  5.  That § 1-21-8 be repealed.

     Section  6.  That § 1-21-10 be amended to read as follows:

     1-21-10.   The State Fair Commission Department of Agriculture may hold state fairs and other activities at the city of Huron at such times as it may determine. The commission has sole control of the state fairs and other activities and secretary of agriculture may promulgate rules pursuant to chapter 1-26 concerning:

             (1)      Traffic and camping regulation;

             (2)      Advertising on the fairgrounds;

             (3)      Admission policies;

             (4)      Employee policies;

             (5)      Exhibitor policies;

             (6)      Maintenance responsibilities;

             (7)      Entry requirements;

             (8)      Department superintendent duties;
             (9)      Health and heredity requirements for animals;

             (10)      The provision of feed and forage;

             (11)      Administration of stalls;

             (12)      Judges and judging;

             (13)      Protests and appeals;

             (14)      Premiums and awards;

             (15)      Space rental provisions and requirements;

             (16)      The establishment of opening and closing dates;

             (17)      The establishment and collection of fees for admission, parking, camping, entry, and exhibits, solicitation booths, and commercial exhibits; and

             (18)      Terms, conditions, and fees for the use of the fairgrounds and fairgrounds facilities when the state fair is not in progress.

     The commission department may collect exhibits, offer and pay premiums, fix the terms and times of admission to the grandstand and outside gate, appoint judges, employ personnel, and do any act necessary in the conduct of the state fairs and other activities. The commission department may adopt special rules governing specific premiums, awards, entry, and exhibit requirements and related policies pursuant to subdivision 1-26-1(7) within the scope of the general rules authorized pursuant to this section.

     Section  7.  That § 1-21-11 be repealed.

     Section  8.  That § 1-21-12 be repealed.

     Section  9.  That § 1-21-14 be amended to read as follows:

     1-21-14.   All sums received for admissions, concessions, and privileges, or for any purpose, by the State Fair Commission secretary of agriculture , shall be placed in the state fair fund and shall be budgeted and expended in accordance with Title 4 on warrants drawn by the state auditor upon vouchers approved by the secretary of agriculture.

     Section  10.  That § 1-21-17 be amended to read as follows:

     1-21-17.   The terms of any contract and the negotiations for any contract between the state fair commission secretary of agriculture and any performers or entertainers may be kept confidential. However, sixty days after the expiration of such contract, the terms of such contract shall become a public record.

     Section  11.  That chapter 1-21 be amended by adding thereto a NEW SECTION to read as follows:

     Unless inconsistent with other provisions of this chapter, all rules that are in effect on July 1, 2003, as adopted by the State Fair Commission, shall continue with full force and effect until they are specifically altered, amended, or revoked by the adoption of superseding rules by the secretary of agriculture.

     Signed March 4, 2003.

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