GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 550

Short Title:  Agric. Fairs Council Created.	(Public)
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Sponsors: Representatives Rogers; Albertson, Buchanan, Culp, James, Jordan, Lilley, Lutz, McLawhorn, Russell, Thompson, and Wilson.
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Referred to:  State Government.
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April 1, 1991

A BILL TO BE ENTITLED
AN ACT TO CREATE AN AGRICULTURAL FAIRS COUNCIL IN THE DEPARTMENT OF AGRICULTURE.
The General Assembly of North Carolina enacts:
Section 1.  Article 45 of Chapter 106 of the General Statutes is amended by adding a new Part to read:
"Part 5.  Agricultural Fairs Council.
"§ 106-520.12.  North Carolina Agricultural Fairs Council.
(a)	There is created the North Carolina Agricultural Fairs Council in the Department of Agriculture.
(b)	The Council shall consist of 15 members as follows:
(1)	A member of the North Carolina Cattlemen's Association appointed by that association;
(2)	Two members of the North Carolina Association of Agricultural Fairs appointed by that association;
(3)	The Dean of the College of Agriculture and Life Sciences of North Carolina State University at Raleigh, to serve ex officio;
(4)	The President of the North Carolina Farm Bureau Federation, to serve ex officio;
(5)	The Director of Vocational Education of the State Department of Public Instruction, to serve ex officio;
(6)	The President of the North Carolina System of Community Colleges, to serve ex officio;
(7)	A member of the North Carolina Association of Extension Homemakers appointed by that association;
(8)	A member of the Association of County Commissioners appointed by that association;
(9)	A Senator appointed by the President Pro Tempore of the Senate;
(10)	A Representative appointed by the Speaker of the House;
(11)	The Commissioner of Agriculture, to serve ex officio; and
(12)	Three persons appointed by the Commissioner of Agriculture for three terms.  In order to achieve staggered terms, one of the Commissioner's initial appointments shall be for a term of one year, one for a term of two years, and one for a term of three years.
The members of the Council appointed under subdivisions (1),(2),(7), and (8) shall serve for the term designated by the appointing agency.  In the event of a vacancy the appropriate appointing authority shall appoint a replacement in the same manner as provided for the original appointment.
(c)	The Commissioner of Agriculture shall serve as Chairman of the Council.  A majority of the members shall constitute a quorum for the purpose of transacting business.
"§ 106-520.13.  Advisory duties.
The Council shall advise the Commissioner of Agriculture in matters pertaining to the development and improvement of local agricultural fairs.
"§ 106-520.14.  Powers and duties of the Commissioner of Agriculture.
The Commissioner of Agriculture, with the advice of the Council, and subject to available funds, may make grants of State funds to qualified local agricultural fairs to be used by them to pay premium awards for competitive exhibits of products of agriculture and home economics, domestic livestock, and for vocational and judging skills.  The Commissioner may also make grants to help establish new facilities and to improve existing facilities used in conducting events at local agricultural fairs.  Grants for facilities shall be made under such conditions as may be imposed by the Commissioner with the advice of the Council.  Grants shall require matching funds from the local fair in an amount to be determined by the Commissioner, with the advice of the Council.  Preference shall be given to fair associations which are most representative of agricultural interests.  The Commissioner may also make grants to bona fide agricultural fair associations, without matching funds, to assist in the establishment of new agricultural fairs.  The Commissioner may also make grants of not more than one thousand dollars ($1,000) to any one fair to be used to promote agricultural commodities.
"§ 106-520.15.  Eligibility for grants.
In order to be eligible to receive a grant of State funds under this Article, a recipient must:
(1)	Sponsor a fair that is licensed as an agricultural fair by the Commissioner of Agriculture pursuant to G.S. 106-520.3;
(2)	Be a nonprofit or governmental organization;
(3)	Provide for an annual fair running for at least three days;
(4)	Present through the medium of youth organizations such as 4-H Clubs, Future Farmers of America, Future Homemakers of America, and other similar organizations, an educational program concerning the production, marketing, and consumption of livestock, poultry, field crops, and horticultural crops;
(5)	Comply with all rules and regulations of the Department of Agriculture; and
(6)	Have as an advisor or a member of its governing board, one or more members representing local livestock associations, county farm bureaus, extension homemakers county council and one or more county extension agents, vocational home economics teachers and vocational agricultural teachers from the county served by the fair.  It shall be the responsibility of such members to aid in establishing premium lists and planning agricultural exhibits.
Any fair or fair association receiving a grant of State funds shall file with the Department of Agriculture by February 1 following the year in which the grant is received satisfactory proof that all State premium awards have been paid.  That proof shall be a certified financial report notarized and submitted by the treasurer of the local fair association."
Sec. 2.  G.S. 106-520 reads as rewritten:
"§ 106-520. Local aid to agricultural, animal, and poultry exhibits.
Any county or municipality may appropriate funds to aid any agricultural exhibition or fair."
Sec. 3.  G.S. 106-508, 106-509, and 106-510 are repealed.
Sec. 4.  G.S. 106-516.1 reads as rewritten:
"§ 106-516.1. Carnivals and similar amusements not to operate without permit.
Every person, firm, or corporation engaged in the business  of a carnival company or a show of like kind, including menageries, merry-go-rounds, Ferris wheels, riding devices, circus and similar amusements and enterprises operated and conducted for profit, shall, prior to exhibiting in any county annually staging an agricultural fair, apply to the sheriff of the county in which the exhibit is to be held for a permit to exhibit. The sheriff of the county shall issue a permit without charge; provided, however, that no permit shall be issued if he shall find the requested exhibition date is less than 30 days prior to a regularly advertised agricultural fair.  Exhibition without a permit from the sheriff of the county in which the exhibition is to be held shall constitute a misdemeanor and be punished by a fine or imprisonment, or both, in the discretion of the court: Provided, that nothing contained in this section shall prevent veterans' organizations and posts chartered by Congress or organized and operated on a statewide or nationwide basis from holding fairs or tobacco festivals on any dates which they may select if such fairs or festivals have heretofore been held as annual events."
Sec. 5.  This act becomes effective July 1, 1991.