SF 2481

as introduced - 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 38.01; 
  1.5             38.04; 38.12; 38.14; 38.15; 38.16; Minnesota Statutes 
  1.6             2003 Supplement, section 38.02, subdivision 1; 
  1.7             repealing Minnesota Statutes 2002, sections 38.02, 
  1.8             subdivisions 2, 4; 38.13. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2002, section 38.01, is 
  1.11  amended to read: 
  1.12     38.01 [COUNTY AGRICULTURAL SOCIETIES; FORMATION, POWERS.] 
  1.13     An agricultural society or association may be incorporated 
  1.14  by citizens of any county, or two or more counties jointly, but 
  1.15  only one agricultural society shall be organized in any county.  
  1.16  An agricultural society may sue and be sued in its corporate 
  1.17  name; may adopt bylaws, rules, and regulations, alter and amend 
  1.18  the same; may purchase and hold, lease and control any real or 
  1.19  personal property deemed to promote the objects of the society, 
  1.20  and may rent, lease, sell, and convey the same.  Any income from 
  1.21  the rental or lease of such property may be used for any or all 
  1.22  of the following purposes:  (1) Acquisition of additional real 
  1.23  property; (2) Construction of additional buildings; or (3) 
  1.24  Maintenance and care of the society's property.  This section 
  1.25  shall not be construed to preclude the continuance of any 
  1.26  agricultural society now existing or the granting of aid thereto.
  1.27     An agricultural society shall have jurisdiction and control 
  2.1   of the grounds upon which its fairs are held and of the streets 
  2.2   and grounds adjacent thereto during such fair, so far as may be 
  2.3   necessary for such purpose.  At or before the time of holding 
  2.4   any fair, the agricultural society may appoint, in writing, as 
  2.5   many persons to act as special constables as necessary, for and 
  2.6   during the time of holding the same and for a reasonable time 
  2.7   prior and subsequent thereto.  These constables, before entering 
  2.8   upon their duties, shall take and subscribe the usual oath of 
  2.9   office, endorsed upon their appointment, and have and exercise 
  2.10  upon the grounds of the society, and within one-half mile 
  2.11  thereof, all the power and authority of constables at common law 
  2.12  and, in addition thereto, may, within these limits, without 
  2.13  warrant, arrest any person found violating any laws of the 
  2.14  state, or any rule, regulation, or bylaw of the society, and 
  2.15  summarily remove the persons and property of such offenders from 
  2.16  the grounds and take them before any court of competent 
  2.17  jurisdiction to be dealt with according to law.  Each such peace 
  2.18  officer shall wear an appropriate badge of office while acting 
  2.19  as such.  
  2.20     As an alternative to the appointment of special constables, 
  2.21  the society may contract with the sheriff or local municipality 
  2.22  to provide the society with the same police service it may 
  2.23  secure by appointing special constables.  A person providing 
  2.24  police service pursuant to such a contract is not, by reason of 
  2.25  the contract, classified as an employee of the agricultural 
  2.26  society for any purpose other than the discharge of powers and 
  2.27  duties under the contract.  
  2.28     Any person who shall willfully violate any rule or 
  2.29  regulation made by such societies during the days of a fair 
  2.30  shall be guilty of a misdemeanor.  
  2.31     The provisions of this section supersede all special laws 
  2.32  on the same subject.  
  2.33     Sec. 2.  Minnesota Statutes 2003 Supplement, section 38.02, 
  2.34  subdivision 1, is amended to read: 
  2.35     Subdivision 1.  [PRO RATA DISTRIBUTION; CONDITIONS.] (a) 
  2.36  Money appropriated to aid county and district agricultural 
  3.1   societies and associations shall be distributed among all county 
  3.2   and district agricultural societies or associations in the state 
  3.3   pro rata, upon condition that each of them has complied with the 
  3.4   conditions specified in paragraph (b). 
  3.5      (b) To be eligible to participate in the distribution of 
  3.6   aid, each agricultural society or association shall have: 
  3.7      (1) held an annual fair for each of the three years last 
  3.8   past, unless prevented from doing so because of a calamity or an 
  3.9   epidemic declared by the Board of Health as defined in section 
  3.10  145A.02, subdivision 2, or the state commissioner of health, or 
  3.11  the board of animal health to exist; 
  3.12     (2) an annual membership of 25 or more; 
  3.13     (3) paid out to exhibitors for premiums awarded at the last 
  3.14  fair held a sum not less than the amount to be received from the 
  3.15  state; 
  3.16     (4) (3) published and distributed, or made available on an 
  3.17  Internet Web site, not less than three weeks before the opening 
  3.18  day of the fair a premium list, listing all items or articles on 
  3.19  which premiums are offered and the amounts of such premiums and 
  3.20  shall have paid premiums pursuant to the amount shown for each 
  3.21  article or item to be exhibited; provided that premiums for 
  3.22  school exhibits may be advertised in the published premium list 
  3.23  by reference to a school premium list prepared and circulated 
  3.24  during the preceding school year; and shall have collected all 
  3.25  fees charged for entering an exhibit at the time the entry was 
  3.26  made and in accordance with schedule of entry fees to be charged 
  3.27  as published in the premium list; 
  3.28     (5) (4) paid not more than one premium on each article or 
  3.29  item exhibited, excluding championship or sweepstake awards, and 
  3.30  excluding the payment of open class premium awards to 4H Club 
  3.31  exhibits which at this same fair had won a first prize award in 
  3.32  regular 4H Club competition; and 
  3.33     (6) (5) submitted its records and annual report to the 
  3.34  commissioner of agriculture on a form provided by the 
  3.35  commissioner of agriculture, on or before the first day of 
  3.36  November of the year in which the fair was held. 
  4.1      (c) All payments authorized under the provisions of this 
  4.2   chapter shall be made only upon the presentation by the 
  4.3   commissioner of agriculture with the commissioner of finance of 
  4.4   a statement of premium allocations.  As used herein the term 
  4.5   premium shall mean the cash award paid to an exhibitor for the 
  4.6   merit of an exhibit of livestock, livestock products, grains, 
  4.7   fruits, flowers, vegetables, articles of domestic science, 
  4.8   handicrafts, hobbies, fine arts, other products of a creative 
  4.9   nature, and articles made by school pupils, or the cash award 
  4.10  paid to the merit winner of events such as 4H Club or Future 
  4.11  Farmer contest, youth group contests, school spelling contests 
  4.12  and school current events contests, the award corresponding to 
  4.13  the amount offered in the advertised premium list referred to in 
  4.14  schedule 2.  Payments of awards for horse races, ball games, 
  4.15  musical contests, talent contests, parades, and for amusement 
  4.16  features for which admission is charged, are specifically 
  4.17  excluded from consideration as premiums within the meaning of 
  4.18  that term as used herein.  Upon receipt of the statement by the 
  4.19  commissioner of agriculture, the commissioner of finance shall 
  4.20  draw a voucher in favor of the agricultural society or 
  4.21  association for the amount to which it is entitled under the 
  4.22  provisions of this chapter.  The amount shall be computed as 
  4.23  follows:  On the first $750 premiums paid by each society or 
  4.24  association at the last fair held, the society or association 
  4.25  shall receive 100 percent reimbursement; on the second $750 
  4.26  premiums paid, 80 percent; on the third $750 premiums paid, 60 
  4.27  percent; and on any sum in excess of $2,250, 40 percent.  The 
  4.28  commissioner of finance shall make payments not later than July 
  4.29  15 of the year following the calendar year in which the annual 
  4.30  fair was held. 
  4.31     (d) If the total amount of state aid to which the 
  4.32  agricultural societies and associations are entitled under the 
  4.33  provisions of this chapter exceeds the amount of the 
  4.34  appropriation therefor, the amounts to which the societies or 
  4.35  associations are entitled shall be prorated so that the total 
  4.36  payments by the state will not exceed the appropriation. 
  5.1      Sec. 3.  Minnesota Statutes 2002, section 38.04, is amended 
  5.2   to read: 
  5.3      38.04 [ANNUAL MEETINGS; REPORTS.] 
  5.4      Every county agricultural society shall hold an annual 
  5.5   meeting for the election of officers and the transaction of 
  5.6   other business on or before the third Tuesday in November.  
  5.7   Service on the county agricultural society board or as an 
  5.8   officer of the board is not a public office.  Elected officials 
  5.9   of the state or its political subdivisions may serve on the 
  5.10  board or be elected as officers. 
  5.11     At the annual meeting, the society's secretary shall make a 
  5.12  report of its proceedings for the preceding year; this report 
  5.13  shall contain a statement of all transactions at its fairs, the 
  5.14  numbers of entries, the amount and source of all money received, 
  5.15  and.  The treasurer shall make a financial report for the 
  5.16  previous year.  The treasurer's report must include the amount 
  5.17  paid out for premiums and for other purposes, and show in detail 
  5.18  its entire all receipts and expenditures during the year.  The 
  5.19  report must contain a separate accounting of any income received 
  5.20  from the operation of horse racing on which pari-mutuel betting 
  5.21  is conducted, and of the disposition of that income.  
  5.22     The treasurer shall make a comprehensive report of the 
  5.23  funds received, paid out, and on hand, and upon whose order 
  5.24  paid.  Each secretary shall cause a certified copy of the annual 
  5.25  report to be filed with the county recorder of the county and 
  5.26  the commissioner of agriculture on or before the first day of 
  5.27  November each year. 
  5.28     Sec. 4.  Minnesota Statutes 2002, section 38.12, is amended 
  5.29  to read: 
  5.30     38.12 [APPROPRIATIONS BY CERTAIN MUNICIPALITIES.] 
  5.31     The council of any city and the board of supervisors of any 
  5.32  town having fairs of county and district agricultural societies 
  5.33  or associations, who are members of the Minnesota state 
  5.34  agricultural society, held within or in close proximity to their 
  5.35  corporate limits or in close proximity thereto, are hereby 
  5.36  authorized and empowered to may appropriate for and pay money to 
  6.1   such the agricultural society or association annually a sum not 
  6.2   exceeding $1,000.  
  6.3      Sec. 5.  Minnesota Statutes 2002, section 38.14, is amended 
  6.4   to read: 
  6.5      38.14 [IN COUNTIES OF 150,000:  APPROPRIATIONS FOR COUNTY 
  6.6   FAIRS.] 
  6.7      Subdivision 1.  [CONDITIONS, PROCEDURES, BOND.] In any 
  6.8   county in this state now or hereafter having a population of 
  6.9   150,000, the A county board may annually appropriate not to 
  6.10  exceed $3,000, except that counties having more than 300,000 and 
  6.11  less than 450,000 inhabitants may appropriate not to exceed 
  6.12  $5,000, money to assist in maintaining a county fair, which fair 
  6.13  shall be under the management and control of managed by a county 
  6.14  agricultural society.  The appropriation shall be made either to 
  6.15  the treasurer of the society or to some other suitable person, 
  6.16  but before the money is paid, the treasurer or other person 
  6.17  shall file with the county auditor a satisfactory bond in double 
  6.18  the sum of the appropriation, conditioned upon the faithful 
  6.19  disbursing and accounting for all of the funds so appropriated.  
  6.20  The funds so appropriated shall be used solely for the purpose 
  6.21  of obtaining, preparing, and arranging exhibits and paying 
  6.22  premiums to exhibitors.  The treasurer or other person to whom 
  6.23  the appropriation is paid shall, within four months after the 
  6.24  holding of any such aided annual fair, file with the county 
  6.25  auditor a verified and detailed report showing the name and 
  6.26  address of every person to whom any of the money was paid, 
  6.27  together with the date of payment, and a full description of the 
  6.28  purposes for which the money was so paid, and shall attach 
  6.29  thereto receipts and subvouchers for each payment so made and 
  6.30  return to the county treasurer all of the unexpended portion 
  6.31  thereof.  After the report, receipts, and subvouchers have been 
  6.32  audited by the county board and found to be correct, it may, by 
  6.33  resolution, release the treasurer or other person and the 
  6.34  sureties from all further liabilities under bond. 
  6.35     Subd. 2.  [EXCEPT RAMSEY COUNTY.] This section and section 
  6.36  38.15 do not apply to Ramsey County. 
  7.1      Sec. 6.  Minnesota Statutes 2002, section 38.15, is amended 
  7.2   to read: 
  7.3      38.15 [SITES AND BUILDINGS.] 
  7.4      The county board in any such county may also annually 
  7.5   appropriate such further sum as it may desire, not exceeding 
  7.6   $7,500, money for the purpose of procuring a suitable site and 
  7.7   the erection of erecting on it a suitable county building 
  7.8   thereon, for the building or repairing of a race track and for 
  7.9   grading and improving the grounds, to be used in connection with 
  7.10  such a county fair, but the site and the building and 
  7.11  improvements shall be and remain the property of the county, and 
  7.12  the annual appropriation shall be used only for the purpose 
  7.13  of so acquiring the site and building and grading and for the 
  7.14  necessary care, repair, maintenance, and upkeep thereof.  In any 
  7.15  county in this state now or hereafter having a population in 
  7.16  excess of 150,000 and an area of more than 5,000 square miles, 
  7.17  the county agricultural society may expend funds appropriated to 
  7.18  it for the year 1957 for the payment of debts and liabilities 
  7.19  incurred during the year 1956 in the construction of county fair 
  7.20  buildings, notwithstanding the provisions of Laws 1941, chapter 
  7.21  118. 
  7.22     Sec. 7.  Minnesota Statutes 2002, section 38.16, is amended 
  7.23  to read: 
  7.24     38.16 [EXEMPTION FROM ZONING ORDINANCES.] 
  7.25     When lands lying within the corporate limits of towns or 
  7.26  cities of the first or second class of the state are owned by a 
  7.27  county or agricultural society and used for agricultural fair 
  7.28  purposes, the lands and the buildings now or hereafter erected 
  7.29  thereon shall be are exempt from the zoning, building, and other 
  7.30  ordinances of the town or city; provided, that no license or 
  7.31  permit need be obtained from, nor fee paid to, the town or city 
  7.32  in connection with the use of the lands.  
  7.33     Sec. 8.  [REPEALER.] 
  7.34     Minnesota Statutes 2002, sections 38.02, subdivisions 2 and 
  7.35  4; and 38.13, are repealed.