Text: HSB00596                          Text: HSB00598
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 597

Bill Text

PAG LIN
  1  1    Section 1.  Section 174.1, subsections 1 and 3, Code 2003,
  1  2 are amended to read as follows:
  1  3    1.  "Fair" shall mean means an annual gathering of people
  1  4 the public on fairgrounds that incorporates agricultural
  1  5 exhibits, demonstrations, shows, or competition competitions
  1  6 and which has the following activities may include any of the
  1  7 following:
  1  8    a.  Extension, Programs or projects sponsored by 4-H clubs,
  1  9 or future farmers of America programs, or the Iowa cooperative
  1 10 extension service in agriculture and home economics of Iowa
  1 11 state university.
  1 12    b.  Commercial and educational exhibits sponsored by
  1 13 manufacturers or other businesses.
  1 14    c.  Competition in the Educational programs or exhibits
  1 15 sponsored by governmental entities or nonprofit organizations.
  1 16    d.  Competition in culinary arts, fine arts, or home craft
  1 17 arts.
  1 18    3.  "Society" shall mean a means any of the following:
  1 19    a.  A county or district fair or agricultural society
  1 20 incorporated under the laws of this state for the purpose of
  1 21 holding such conducting a fair, and which owns or leases if
  1 22 all of the following apply:
  1 23    (1)  The county or district fair or agricultural society
  1 24 owns or leases at least ten acres of ground and fairgrounds.
  1 25 A society may meet the requirement of owning or leasing land,
  1 26 buildings, and improvements through ownership by a joint
  1 27 entity under chapter 28E, of which the society is a part.
  1 28    (2)  The county or district fair or agricultural society
  1 29 owns buildings and other improvements situated on said ground
  1 30 of a the fairgrounds which have been specially constructed for
  1 31 purposes of conducting a fair.
  1 32    (3)  The market value of the fairgrounds and buildings and
  1 33 other improvements located on the fairground is at least eight
  1 34 eighty thousand dollars, or any.
  1 35    b.  An incorporated farm organization authorized to hold an
  2  1 agricultural fair which owns or leases fairgrounds, including
  2  2 buildings and grounds especially constructed for fair purposes
  2  3 of the other improvements having a market value of one hundred
  2  4 and fifty thousand dollars, in a county where no other
  2  5 agricultural fair receiving state aid is held.
  2  6    Sec. 2.  Section 174.1, Code 2003, is amended by adding the
  2  7 following new subsections:
  2  8    NEW SUBSECTION.  0A.  "Association" means the association
  2  9 of Iowa fairs.
  2 10    NEW SUBSECTION.  1A.  "Fairground" or "ground" means the
  2 11 real estate where a fair is conducted.
  2 12    NEW SUBSECTION.  4.  "State aid" means moneys appropriated
  2 13 by the treasurer of state to the association of Iowa fairs for
  2 14 payments to eligible societies pursuant to this chapter.
  2 15    Sec. 3.  Section 174.2, unnumbered paragraph 1, Code 2003,
  2 16 is amended to read as follows:
  2 17    Each society may hold annually shall annually conduct a
  2 18 fair to further interest in agriculture and to encourage the
  2 19 improvement of agricultural commodities and products,
  2 20 livestock, articles of domestic industry, implements, and
  2 21 other mechanical devices.  It The society may offer and award
  2 22 such premiums as will induce general competition.
  2 23    Sec. 4.  Section 174.3, Code 2003, is amended to read as
  2 24 follows:
  2 25    174.3  CONTROL OF GROUNDS.
  2 26    An ordinance or resolution of a county or city shall not in
  2 27 any way impair the authority of the a society, but it.  The
  2 28 society shall have sole and exclusive control over and
  2 29 management of such a fair and fairgrounds.
  2 30    Sec. 5.  Section 174.6, Code 2003, is amended to read as
  2 31 follows:
  2 32    174.6  REMOVAL OF OBSTRUCTIONS.
  2 33    All The management of a society may order the removal of
  2 34 any obstruction to a fair event or on the fairgrounds,
  2 35 including but not limited to shows, swings, booths, tents, or
  3  1 vehicles, or any other thing that may obstruct the grounds of
  3  2 any society or the driveways thereof may be removed from the
  3  3 grounds on the order of the management.
  3  4    Sec. 6.  Section 174.9, Code 2003, is amended to read as
  3  5 follows:
  3  6    174.9  STATE AID.
  3  7    Each An eligible society which is a member of the
  3  8 association of Iowa fairs as provided in the association's
  3  9 bylaws and which conducts a county fair shall be entitled to
  3 10 receive state aid from the state as provided in this chapter.
  3 11 The moneys paid as state aid must be used exclusively for
  3 12 capital expenditures relating to the acquisition of land for
  3 13 fairgrounds and improvements on the fairgrounds such as the
  3 14 construction of new facilities and the renovation of existing
  3 15 facilities.  In order to be eligible for state aid, a society
  3 16 must file with the association of Iowa fairs on or before
  3 17 November 1 15 of each year, a statement which shall show
  3 18 provides information as required by the association of Iowa
  3 19 fairs.  The information shall at least include all of the
  3 20 following:
  3 21    1.  The actual amount that the society paid by it in cash
  3 22 premiums at its fair for the current year, which.  The
  3 23 statement must correspond with its published offer of
  3 24 premiums.
  3 25    2.  That A statement that no part of said the amount of
  3 26 cash premiums was paid for any of the following:
  3 27    a.  Entertainment venues, including but not limited to
  3 28 speed events, or to.
  3 29    b.  To secure games or amusements.
  3 30    c.  Supplies, rentals, equipment, payroll, inventory, fees,
  3 31 or routine operating expenses.
  3 32    3.  A statement that the amount of moneys paid as state aid
  3 33 was used exclusively for capital expenditures as provided in
  3 34 this section.
  3 35    4.  A full and accurate statement of the receipts and
  4  1 expenditures of the society for the current year and other.
  4  2    5.  A statement of statistical data relative to exhibits
  4  3 and attendance for the year.
  4  4    4.  6.  A copy of the published financial statement
  4  5 published as required by law, together with proof of such
  4  6 publication and a certified statement showing an itemized list
  4  7 of premiums awarded, and such other information as the
  4  8 association of Iowa fairs may require.
  4  9    Sec. 7.  Section 174.10, Code 2003, is amended to read as
  4 10 follows:
  4 11    174.10  APPROPRIATION – AVAILABILITY.
  4 12    1.  Any moneys appropriated for state aid for county or
  4 13 local fairs shall be paid to the office of treasurer of state
  4 14 to be allocated for allocation to the association of Iowa
  4 15 fairs for payments to be made by the association.  The
  4 16 association shall distribute the moneys to eligible societies
  4 17 pursuant to this chapter.
  4 18    2.  a.  The association of Iowa fairs shall maintain a list
  4 19 of each society in a county which is a member of the
  4 20 association and conducts a fair in that county as provided in
  4 21 this chapter.  If a county has more than one fair, the
  4 22 association shall list the name of each society conducting a
  4 23 fair in that county for three or more years.  The association
  4 24 of Iowa fairs shall not make a payment to a society under this
  4 25 chapter unless the society complies with section 174.9, and
  4 26 the name of the society appears on the association's list, and
  4 27 the society is a member in good standing according to the
  4 28 bylaws of the association.
  4 29    b.  The association shall prepare a report at the end of
  4 30 each fiscal year concerning the state aid appropriated for
  4 31 county or local fairs that it received, the manner in which
  4 32 such aid was allocated to eligible societies, and the manner
  4 33 in which the aid was expended by the societies.  The
  4 34 association shall submit the report to the governor and the
  4 35 general assembly by January February 1 of each year.  The
  5  1 association shall not use moneys appropriated for state aid
  5  2 for county or local fairs, or interest earned on such moneys,
  5  3 for administrative or other expenses.
  5  4    3.  The association's board of directors shall determine
  5  5 the amount of state aid for each fair which is eligible for
  5  6 state aid shall be equal allocated to each eligible society.
  5  7    4.  If no society in a county qualifies is eligible to
  5  8 receive state aid, that county's share shall be divided
  5  9 equally among the counties with eligible societies eligible
  5 10 for state aid, as provided in this section.
  5 11    5.  The board of supervisors, upon receiving a petition
  5 12 seeking to designate an official county fair which meets the
  5 13 requirements of section 331.306, shall submit to the
  5 14 registered voters of the county at the next general election
  5 15 following submission of the petition or at a special election
  5 16 if requested by the petitioners at no cost to the county, the
  5 17 question of which fair shall be designated as the official
  5 18 county fair.  Notice of the election shall be given as
  5 19 provided in section 49.53.  The fair receiving a majority of
  5 20 the votes cast on the question shall be designated the
  5 21 official county fair.
  5 22    Sec. 8.  Section 174.12, Code 2003, is amended to read as
  5 23 follows:
  5 24    174.12  PAYMENT OF STATE AID – PARTICIPATION BY DELEGATES.
  5 25    The association of Iowa fairs shall pay a society the
  5 26 amount due in state aid, less one thousand dollars, as
  5 27 provided in this chapter.  The association of Iowa fairs must
  5 28 certify to the treasurer that the society is eligible under
  5 29 this chapter to receive the amount to be paid to the society
  5 30 by the association.  The association shall pay the society the
  5 31 remaining one thousand dollars, if all of the following apply:
  5 32    1.  The secretary of the state fair board certifies to the
  5 33 association that the society had an accredited delegate in
  5 34 attendance at the annual convention for the election of
  5 35 members of the Iowa state fair board as provided in section
  6  1 173.2.
  6  2    2.  A district director of the association of Iowa fairs
  6  3 representing the district in which the county is located, and
  6  4 the director of the Iowa state fair board representing the
  6  5 congressional district state fair board district in which the
  6  6 county is located, certify to the association that the society
  6  7 had an accredited delegate in attendance at least one the
  6  8 district meeting, and at the association's annual meeting.
  6  9    Any moneys appropriated in state aid moneys remaining due
  6 10 to the failure of a society to comply with this section shall
  6 11 be distributed equally among the eligible societies which have
  6 12 qualified for state aid under this section.  The treasurer of
  6 13 state shall allocate to the association of Iowa fairs the
  6 14 total amount to be paid by the association to eligible
  6 15 societies under this chapter.
  6 16    Sec. 9.  Section 174.13, Code 2003, is amended to read as
  6 17 follows:
  6 18    174.13  COUNTY AID.
  6 19    The board of supervisors of the county in which a society
  6 20 is located may appropriate moneys to be used for fitting up or
  6 21 purchasing fairgrounds for the society or for aiding,
  6 22 constructing or restoring facilities on the fairgrounds,
  6 23 aiding 4-H club work, and payment of paying agricultural and
  6 24 livestock premiums in connection with the fair, if the society
  6 25 owns or leases at least ten acres of land for the fairground
  6 26 and owns or leases buildings and improvements on the land of
  6 27 at least eight thousand dollars in value.  A society may meet
  6 28 the requirement of owning or leasing land, buildings, and
  6 29 improvements through ownership by a joint entity under chapter
  6 30 28E, of which the society is a part.
  6 31    Sec. 10.  Section 174.17, Code 2003, subsection 3, is
  6 32 amended by striking the subsection.
  6 33    Sec. 11.  Section 331.303, subsection 5, Code 2003, is
  6 34 amended by striking the subsection.
  6 35    Sec. 12.  Section 174.5, Code 2003, is repealed.  
  7  1                           EXPLANATION
  7  2    This bill amends provisions in Code chapter 174 regulating
  7  3 county and district fairs.  It amends Code section 174.1 to
  7  4 revise the definition of key terms used in the Code chapter,
  7  5 including what constitutes a fair and a society which conducts
  7  6 a fair.  It provides a specific definition for fairgrounds and
  7  7 provides that in order to qualify as a county or district
  7  8 fair, the fairgrounds, buildings, and improvements must have a
  7  9 fair market value of at least $80,000 (increased from $8,000).
  7 10 It makes a number of changes to provisions in the Code chapter
  7 11 in order to conform with the definitions or how terms are
  7 12 generally used in the Code chapter.
  7 13    The bill amends a number of provisions providing for state
  7 14 aid.  Under current law, moneys appropriated to the treasurer
  7 15 of state are allocated to the association of Iowa fairs
  7 16 (association), which in turn distributes the moneys to
  7 17 eligible societies.  The bill provides that a society must use
  7 18 state aid moneys for the acquisition of land and capital
  7 19 improvements.  Under Code section 174.9, societies must file a
  7 20 statement with the association each year, and the bill makes a
  7 21 number of changes to those requirements.  The filing deadline
  7 22 is changed from November 1 to November 15.  The bill also
  7 23 changes when the association must submit a report to the
  7 24 governor and general assembly from January 1 to February 1.
  7 25 The bill provides that as a condition of eligibility a society
  7 26 cannot use cash premiums to pay for entertainment venues or
  7 27 for equipment, supplies, or miscellaneous expenses.  The bill
  7 28 provides that in order to be eligible, a society must be a
  7 29 member in good standing with the association.  The bill
  7 30 eliminates a provision allowing a board of supervisors, upon
  7 31 petition, to submit to the voters a referendum upon the
  7 32 question of designating an official county fair.  The bill
  7 33 amends related provisions in Code section 174.10, which
  7 34 provide that state aid is distributed equally among all
  7 35 eligible societies conducting county fairs.  The bill provides
  8  1 that the association's board of directors provides for the
  8  2 distribution.
  8  3    The bill amends provisions in Code section 174.12, which
  8  4 allows the association to pay $1,000 in state aid to a society
  8  5 upon condition that it participate in certain functions such
  8  6 as the election of members to the Iowa state fair board.  The
  8  7 bill provides that a society must send one delegate to the
  8  8 association's annual meeting.
  8  9    The bill amends provisions in Code section 174.17, which
  8 10 authorizes the governing body of a society to issue revenue
  8 11 bonds.  The section provides that the power only applies to
  8 12 those societies that conduct a fair that has a verifiable
  8 13 annual attendance of at least 150,000 persons and annual
  8 14 outside gate admission take of at least $400,000.  The bill
  8 15 eliminates those requirements.
  8 16    The bill eliminates a provision which authorizes a society
  8 17 to appoint special police.
  8 18    The bill takes effect upon enactment.  
  8 19 LSB 5589HC 80
  8 20 da/gg/14
     

Text: HSB00596                          Text: HSB00598
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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