1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to county agricultural societies; modifying 1.3 provisions relating to county and regional fairs; 1.4 amending Minnesota Statutes 2002, sections 38.04; 1.5 38.12; 38.14; 38.15; 38.16; Minnesota Statutes 2003 1.6 Supplement, section 38.02, subdivisions 1, 3; 1.7 repealing Minnesota Statutes 2002, sections 38.02, 1.8 subdivision 2; 38.13. 1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10 Section 1. Minnesota Statutes 2003 Supplement, section 1.11 38.02, subdivision 1, is amended to read: 1.12 Subdivision 1. [PRO RATA DISTRIBUTION; CONDITIONS.] (a) 1.13 Money appropriated to aid county and district agricultural 1.14 societies and associations shall be distributed among all county 1.15 and district agricultural societies or associations in the state 1.16 pro rata, upon condition that each of them has complied with the 1.17 conditions specified in paragraph (b). 1.18 (b) To be eligible to participate in the distribution of 1.19 aid, each agricultural society or association shall have: 1.20 (1) held an annual fair for each of the three years last 1.21 past, unless prevented from doing so because of a calamity or an 1.22 epidemic declared by the Board of Health as defined in section 1.23 145A.02, subdivision 2,orthe state commissioner of health, or 1.24 the board of animal health to exist; 1.25 (2) an annual membership of2515 or more; 1.26 (3) paid out to exhibitors for premiums awarded at the last 1.27 fair held a sum not less than the amount to be received from the 2.1 state; 2.2 (4) published and distributed, or made available on an 2.3 Internet Web site, not less than three weeks before the opening 2.4 day of the fair a premium list, listing all items or articles on 2.5 which premiums are offered and the amounts of such premiums and 2.6 shall have paid premiums pursuant to the amount shown for each 2.7 article or item to be exhibited; provided that premiums for 2.8 school exhibits may be advertised in the published premium list 2.9 by reference to a school premium list prepared and circulated 2.10 during the preceding school year; and shall have collected all 2.11 fees charged for entering an exhibit at the time the entry was 2.12 made and in accordance with schedule of entry fees to be charged 2.13 as published in the premium list; 2.14 (5) paid not more than one premium on each article or item 2.15 exhibited, excluding championship or sweepstake awards, and 2.16 excluding the payment of open class premium awards to 4H Club 2.17 exhibits which at this same fair had won a first prize award in 2.18 regular 4H Club competition; and 2.19 (6) submitted itsrecords andannual report of premiums 2.20 paid to the commissioner of agricultureon a form provided by2.21the commissioner of agriculture,on or before the first day of 2.22 November of the year in which the fair was held. 2.23 (c) All payments authorized under the provisions of this 2.24 chapter shall be made only upon the presentation by the 2.25 commissioner of agriculture with the commissioner of finance of 2.26 a statement of premium allocations. As used herein the term 2.27 premium shall mean the cash award paid to an exhibitor for the 2.28 merit of an exhibit of livestock, livestock products, grains, 2.29 fruits, flowers, vegetables, articles of domestic science, 2.30 handicrafts, hobbies, fine arts, other products of a creative 2.31 nature, and articles made by school pupils, or the cash award 2.32 paid to the merit winner of events such as 4H Club or Future 2.33 Farmer contest, youth group contests, school spelling contests 2.34 and school current events contests, the award corresponding to 2.35 the amount offered in the advertised premium list referred to in 2.36 schedule 2. Payments of awards for horse races, horse pulls, 3.1 tractor pulls, demolition derby, automobile or other racing, 3.2 jackpot premiums, ball games, musical contests, talent contests, 3.3 parades, and for amusement features for which admission is 3.4 charged, are specifically excluded from consideration as 3.5 premiums within the meaning of that term as used herein.Upon3.6receipt of the statement by the commissioner of agriculture, the3.7commissioner of finance shall draw a voucher in favor of the3.8agricultural society or association for the amount to which it3.9is entitled under the provisions of this chapter.The amount 3.10 shall be computed as follows: On the first $750 premiums paid 3.11 by each society or association at the last fair held, the 3.12 society or association shall receive 100 percent reimbursement; 3.13 on the second $750 premiums paid, 80 percent; on the third $750 3.14 premiums paid, 60 percent; and on any sum in excess of $2,250, 3.15 40 percent. The commissioner of finance shall make payments not 3.16 later than July 15 of the year following the calendar year in 3.17 which the annual fair was held to those agricultural societies 3.18 or associations entitled to payments under the provisions of 3.19 this chapter. 3.20 (d) If the total amount of state aid to which the 3.21 agricultural societies and associations are entitled under the 3.22 provisions of this chapter exceeds the amount of the 3.23 appropriationtherefor, the amounts to which the societies or 3.24 associations are entitled shall be prorated so that the total 3.25 payments by the state will not exceed the appropriation. 3.26 Sec. 2. Minnesota Statutes 2003 Supplement, section 38.02, 3.27 subdivision 3, is amended to read: 3.28 Subd. 3. [CERTIFICATION, COMMISSIONER OF3.29AGRICULTUREENTITLEMENT FOR PRO RATA DISTRIBUTION.]AnyA county 3.30 or district agricultural society which has held its second 3.31 annual fair is entitled to share pro rata in the 3.32 distribution.The commissioner of agriculture shall certify to3.33the secretary of the State Agricultural Society, within 30 days3.34after payments have been made, a list of all county or district3.35agricultural societies that have complied with this chapter, and3.36which are entitled to share in the appropriation. AllPayments 4.1 shall be based on reports submitted by agricultural societies 4.2 under subdivision 1, paragraph (b), clause (6). 4.3 Sec. 3. Minnesota Statutes 2002, section 38.04, is amended 4.4 to read: 4.5 38.04 [ANNUAL MEETINGS; REPORTS.] 4.6 Every county agricultural society shall hold an annual 4.7 meeting for the election of officers and the transaction of 4.8 other business on or before the third Tuesday in November. 4.9 Service on the county agricultural society board or as an 4.10 officer of the board is not a public office. Elected officials 4.11 of the state or its political subdivisions may serve on the 4.12 board or be elected as officers. 4.13 At the annual meeting,the society's secretaryan officer 4.14 of the society shall make a report of its proceedings for the 4.15 preceding year; this report shall contain a statement of all4.16transactions at its fairs, the numbers of entries, the amount4.17and source of all money received, andand a financial statement 4.18 prepared in accordance with generally accepted accounting 4.19 principles. The report must also list the amount paid out for 4.20 premiums and for other purposes, and show in detail its entire4.21receipts and expenditures during the year.The report must4.22contain a separate accounting of any income received from the4.23operation of horse racing on which pari-mutuel betting is4.24conducted, and of the disposition of that income.4.25The treasurer shall make a comprehensive report of the4.26funds received, paid out, and on hand, and upon whose order4.27paid. Each secretary shall cause a certified copy of the annual4.28report to be filed with the county recorder of the county and4.29the commissioner of agriculture on or before the first day of4.30November each year.Reports of the society are public data 4.31 under chapter 13 and must be made available for inspection by 4.32 any person. 4.33 Sec. 4. Minnesota Statutes 2002, section 38.12, is amended 4.34 to read: 4.35 38.12 [APPROPRIATIONS BYCERTAINMUNICIPALITIES.] 4.36 The council of any city and the board of supervisors of any 5.1 town having fairs of county and district agricultural societies 5.2 or associations, who are members of the Minnesota state 5.3 agricultural society, held within or in close proximity to their 5.4 corporate limitsor in close proximity thereto,are hereby5.5authorized and empowered tomay appropriatefor and paymoney to 5.6suchthe agricultural society or associationannually a sum not5.7exceeding $1,000. 5.8 Sec. 5. Minnesota Statutes 2002, section 38.14, is amended 5.9 to read: 5.10 38.14 [IN COUNTIES OF 150,000:APPROPRIATIONS FOR COUNTY 5.11 FAIRS.] 5.12 Subdivision 1. [CONDITIONS, PROCEDURES, BOND.]In any5.13county in this state now or hereafter having a population of5.14150,000, theA county board may annually appropriatenot to5.15exceed $3,000, except that counties having more than 300,000 and5.16less than 450,000 inhabitants may appropriate not to exceed5.17$5,000,money to assist in maintaining a county fair, which fair5.18shall be under the management and control ofmanaged by a county 5.19 agricultural society. The appropriation shall be made either to 5.20 the treasurer of the society or to some other suitable person,. 5.21but before the money is paid, the treasurer or other person5.22shall file with the county auditor a satisfactory bond in double5.23the sum of the appropriation, conditioned upon the faithful5.24disbursing and accounting for all of the funds so appropriated.5.25The funds so appropriated shall be used solely for the purpose5.26of obtaining, preparing, and arranging exhibits and paying5.27premiums to exhibitors. The treasurer or other person to whom5.28the appropriation is paid shall, within four months after the5.29holding of any such aided annual fair, file with the county5.30auditor a verified and detailed report showing the name and5.31address of every person to whom any of the money was paid,5.32together with the date of payment, and a full description of the5.33purposes for which the money was so paid, and shall attach5.34thereto receipts and subvouchers for each payment so made and5.35return to the county treasurer all of the unexpended portion5.36thereof. After the report, receipts, and subvouchers have been6.1audited by the county board and found to be correct, it may, by6.2resolution, release the treasurer or other person and the6.3sureties from all further liabilities under bond.6.4 Subd. 2. [EXCEPT RAMSEY COUNTY.] This section and section 6.5 38.15 do not apply to Ramsey County. 6.6 Sec. 6. Minnesota Statutes 2002, section 38.15, is amended 6.7 to read: 6.8 38.15 [SITES AND BUILDINGS.] 6.9 The county board in anysuchcounty mayalso annually6.10 appropriatesuch further sum as it may desire, not exceeding6.11$7,500,money for the purpose of procuring a suitable site and 6.12the erection oferecting on it a suitable county building 6.13thereon, for the building or repairing of a race track and for 6.14 grading and improving the grounds, to be used in connection with 6.15sucha county fair, but the site and the building and 6.16 improvementsshall be andremain the property of the county, and 6.17 theannualappropriation shall be used only for the purpose 6.18 ofsoacquiring the site and building and grading and for the 6.19 necessary care, repair, maintenance, and upkeep thereof.In any6.20county in this state now or hereafter having a population in6.21excess of 150,000 and an area of more than 5,000 square miles,6.22the county agricultural society may expend funds appropriated to6.23it for the year 1957 for the payment of debts and liabilities6.24incurred during the year 1956 in the construction of county fair6.25buildings, notwithstanding the provisions of Laws 1941, chapter6.26118.6.27 Sec. 7. Minnesota Statutes 2002, section 38.16, is amended 6.28 to read: 6.29 38.16 [EXEMPTION FROM ZONING ORDINANCES.] 6.30 When lands lying within the corporate limits of towns or 6.31 citiesof the first or second class of the stateare owned by a 6.32 county or agricultural society and used for agricultural fair 6.33 purposes, the lands and the buildings now or hereafter erected 6.34thereon shall beare exempt from the zoning, building, and other 6.35 ordinances of the town or city; provided, that no license or 6.36 permit need be obtained from, nor fee paid to, the town or city 7.1 in connection with the use of the lands. 7.2 Sec. 8. [REPEALER.] 7.3 Minnesota Statutes 2002, sections 38.02, subdivision 2; and 7.4 38.13, are repealed.