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Chapter 15.76 RCW

AGRICULTURAL FAIRS, YOUTH SHOWS, EXHIBITIONS

RCW Sections

15.76.100Declaration of public interest -- Allocation of state funds authorized.
15.76.110Definitions.
15.76.115Fair fund -- Created--Treasurer's transfer -- Purpose.
15.76.120Categories of fairs--Jurisdiction and organization.
15.76.130Application for state allocation -- Purposes -- Form.
15.76.140Eligibility requirements for state allocation.
15.76.150Allocations from the fair fund -- Considerations.
15.76.160Purposes for which allocation made -- To whom made -- List of premiums to be submitted as part of application, form.
15.76.165Authorization for capital funding to support capital projects that make health or safety improvements to agricultural fairgrounds or fair facilities -- Contract requirements.
15.76.170Fairs commission -- Creation, terms, compensation, powers and duties.
15.76.180Rules and regulations.

Notes:

County fairs: Chapter 36.37 RCW.

County property, lease for agricultural purposes: RCW 36.34.145.


15.76.100
Declaration of public interest — Allocation of state funds authorized.

It is hereby declared that it is in the public interest to hold agricultural fairs, including the exhibition of livestock and agricultural produce of all kinds, as well as related arts and manufactures; including products of the farm home and educational contest, displays, and demonstrations designed to train youth and to promote the welfare of farm people and rural living. Fairs qualifying hereunder shall be eligible for allocations from the state fair fund and for capital funding when appropriated to the department of agriculture, as provided in this chapter.

[2012 c 221 § 1; 1961 c 61 § 1.]

15.76.110
Definitions.

(1) "Agricultural fair" means a fair or exhibition which is intended to promote agriculture by including a balanced variety of exhibits of livestock and agricultural products, as well as related arts and manufactures; including products of the farm home, and educational contests, displays, and demonstrations designed to train youth and to promote the welfare of farm people and rural living.

     (2) "Department" means the state department of agriculture.

     (3) "Director" means the director of agriculture.

     (4) "Commission" means the fairs commission created by this chapter.

     (5) "State allocations" means allocations from the state fair fund.

[2012 c 221 § 2; 1961 c 61 § 2.]



15.76.115
Fair fund — Created — Treasurer's transfer — Purpose.

The fair fund is created in the custody of the state treasury. All moneys received by the department of agriculture for the purposes of this fund and from RCW 67.16.105(7) shall be deposited into the fund. At the beginning of fiscal year 2002 and each fiscal year thereafter, the state treasurer shall transfer into the fair fund from the general fund the sum of two million dollars, except for fiscal year 2011 the state treasurer shall transfer into the fair fund from the general fund the sum of one million one hundred three thousand dollars, and except during fiscal year 2012 and fiscal year 2013 the state treasurer shall transfer into the fair fund from the general fund the sum of one million seven hundred fifty thousand dollars each fiscal year. Expenditures from the fund may be used only for assisting fairs in the manner provided in this chapter. Only the director of agriculture or the director's designee may authorize expenditures from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

[2011 1st sp.s. c 50 § 926; 2011 c 103 § 10; 2010 1st sp.s. c 37 § 912; 2001 2nd sp.s. c 16 § 1; 1998 c 345 § 2.]

Notes:

     Effective dates -- 2011 1st sp.s. c 50: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [June 15, 2011], except for section 951 of this act which takes effect June 30, 2011." [2011 1st sp.s. c 50 § 1802.]

     Purpose -- 2011 c 103: See note following RCW 15.26.120.

     Effective date -- 2010 1st sp.s. c 37: See note following RCW 13.06.050.

     Severability -- Effective date -- Contingent effective date -- 1998 c 345: See notes following RCW 15.04.090.



15.76.120
Categories of fairs — Jurisdiction and organization.

For the purposes of this chapter all agricultural fairs in the state which may become eligible for state allocations shall be divided into categories, to wit:

     (1) "Area fairs"—those not under the jurisdiction of boards of county commissioners; organized to serve an area larger than one county, having both open and junior participation, and having an extensive diversification of classes, displays and exhibits;

     (2) "County and district fairs"—organized to serve the interests of single counties other than those in which a recognized area fair or a district fair as defined in RCW 36.37.050, is held and which are under the direct control and supervision of the county commissioners of the respective counties, which have both open and junior participation, but whose classes, displays and exhibits may be more restricted or limited than in the case of area or district fairs. There may be but one county fair in a single county: PROVIDED, HOWEVER, That the county commissioners of two or more counties may, by resolution, jointly sponsor a county fair.

     (3) "Community fairs"—organized primarily to serve a smaller area than an area or county fair, which may have open or junior classes, displays, or exhibits. There may be more than one community fair in a county.

     (4) "Youth shows and fairs"—approved by duly constituted agents of Washington State University or the office of the superintendent of public instruction, serving three or more counties, and having for their purpose the education and training of rural youth in matters of rural living.

[1993 c 163 § 1; 1991 c 238 § 74; 1961 c 61 § 3.]

Notes:

     Effective dates -- Severability -- 1991 c 238: See RCW 28B.50.917 and 28B.50.918.



15.76.130
Application for state allocation — Purposes — Form.

For the purpose of encouraging agricultural fairs and training rural youth, the board of trustees of any fair or youth show may apply to the director of agriculture for state allocations as hereinafter set forth. Such application shall be in such form as the director may prescribe.

[1961 c 61 § 4.]

15.76.140
Eligibility requirements for state allocation.

(1) Before any agricultural fair may become eligible for state allocations it must have conducted two successful consecutive annual fairs immediately preceding application for such allocations, and have its application therefor approved by the director.

     (2) Beginning January 1, 1994, the director may waive this requirement for an agricultural fair that through itself or its predecessor sponsoring organization has successfully operated at least two years as a county fair and that reorganizes as an area fair.

[2001 c 157 § 1; 1995 c 374 § 71; 1965 ex.s. c 32 § 1; 1961 c 61 § 5.]

Notes:

     Effective date -- 2001 c 157: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 2, 2001]." [2001 c 157 § 2.]



15.76.150
Allocations from the fair fund — Considerations.

The director shall have the authority to make allocations from the state fair fund, including interest income under RCW 43.79A.040, exclusively as follows: Eighty-five percent to participating agricultural fairs, distributed according to the merit of such fairs measured by a merit rating to be set up by the director. This merit rating shall take into account such factors as area and population served, open and/or youth participation, attendance, gate receipts, number and type of exhibits, premiums and prizes paid, community support, evidence of successful achievement of the aims and purposes of the fair, extent of improvements made to grounds and facilities from year to year, and overall condition and appearance of grounds and facilities. The remaining fifteen percent of money in the state fair fund may be used for special assistance to any participating fair or fairs and for administrative expenses incurred in the administration of this chapter only, including expenses incurred by the fair commission as may be approved by the director: PROVIDED, That not more than five percent of the state fair fund may be used for such expenses.

     The division and payment of funds authorized in this section shall occur at such times as the director may prescribe.

[2002 c 313 § 113; 1965 ex.s. c 32 § 2; 1961 c 61 § 6.]

Notes:

     Effective dates -- 2002 c 313: See note following RCW 15.65.020.



15.76.160
Purposes for which allocation made — To whom made — List of premiums to be submitted as part of application, form.

Any state allocations made under this chapter to fairs or youth shows, other than fairs or youth shows operated by or for and under the control of one or more counties or other agencies, as defined in subsection (4) of RCW 15.76.120, shall be made only as a reimbursement in whole or in part for the payment of premiums and prizes awarded to participants in such fairs or youth shows. State allocations to fairs under the control of one or more counties shall be made to the county treasurer of the county in which the fair is held. State allocations to other publicly sponsored fairs or youth shows shall be made to such sponsor. The board of trustees of any private fair or youth show, as part of its application for any allocation under this chapter, and as a condition of such allocation, shall submit to the director a list of premiums and prizes awarded to participants in its last preceding fair or youth show. Such list shall contain the names of all premium and prize winners, a description of each prize or premium, including its amount or value, and the total values of all such awards. The list shall be in such form and contain such further information as the director may require, and shall be verified as to its accuracy by the oath of the president of the fair or youth show, together with that of the secretary or manager, subscribed thereon.

[1961 c 61 § 7.]

15.76.165
Authorization for capital funding to support capital projects that make health or safety improvements to agricultural fairgrounds or fair facilities — Contract requirements.

(1) Subject to the availability of amounts appropriated for this specific purpose, the department may provide capital funding to local governments and nonprofit organizations, on a competitive basis, to support capital projects that make health or safety improvements to agricultural fairgrounds or fair facilities in order to benefit participants and the fair-going public.

     (2) The department shall develop and manage appropriate contracts

with the selected applicants, monitor project expenditures and grantee performance, report project and contract information, and exercise due diligence and other contract management responsibilities.

     (a) The department shall include provisions in the contracts which require that capital improvements be held by the grantee for a specified period of time appropriate to the amount of the grant and that facilities must be used for the express purpose of the grant.

     (b) If the grantee is found to be out of compliance with provisions of the contract, the grantee shall repay to the state general fund the principal amount of the grant plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the date of authorization of the grant.

[2012 c 221 § 3; 2005 c 443 § 2; 1973 c 117 § 1; 1969 c 85 § 1.]

Notes:

     Finding -- Intent -- Effective date -- 2005 c 443: See notes following RCW 82.08.0255.



15.76.170
Fairs commission — Creation, terms, compensation, powers and duties.

There is hereby created a fairs commission to consist of the director of agriculture as ex officio member and chair, and seven members appointed by the director to be persons who are interested in fair activities; at least three of whom shall be from the east side of the Cascades and three from the west side of the Cascades and one member at large. The first appointment shall be: Three for a one year term, two for a two year term, and two for a three year term, and thereafter the appointments shall be for three year terms.

     Appointed members of the commission shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses, in accordance with RCW 43.03.050 and 43.03.060 payable on proper vouchers submitted to and approved by the director, and payable from that portion of the state fair fund set aside for administrative costs under this chapter. The commission shall meet at the call of the chair, but at least annually. It shall be the duty of the commission to act as an advisory committee to the director, to assist in the preparation of the merit rating used in determining allocations to be made to fairs, and to perform such other duties as may be required by the director from time to time.

[2010 c 8 § 6100; 1984 c 287 § 18; 1975-'76 2nd ex.s. c 34 § 21; 1975 1st ex.s. c 7 § 11; 1961 c 61 § 8.]

Notes:

     Legislative findings -- Severability -- Effective date -- 1984 c 287: See notes following RCW 43.03.220.

     Effective date -- Severability -- 1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.



15.76.180
Rules and regulations.

The director shall have the power to adopt such rules and regulations as may be necessary or appropriate to carry out the purposes of this chapter.

[1961 c 61 § 9.]