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CHAPTER 1-21

STATE FAIR AND SHOWS

1-21-1      State Fair Commission created--Appointment and terms.
1-21-1.1      Repealed.
1-21-1.2      Repealed.
1-21-2      Meetings of fair commission--Chair and vice chair.
1-21-3      Repealed.
1-21-4      State fair manager--Appointment and duties--Membership in State Fair Commission.
1-21-4.1      Repealed.
1-21-5      Repealed.
1-21-6      Supervision and control by secretary of agriculture.
1-21-6.1      State fair law enforcement officers.
1-21-7, 1-21-8. Repealed.
1-21-9      Annual state fair--Exhibits.
1-21-10      Promulgation of rules.
1-21-11, 1-21-12. Repealed.
1-21-13      Repealed.
1-21-14      Receipt and disbursement of funds.
1-21-15, 1-21-16. Repealed.
1-21-17      Confidentiality of contract terms and negotiations.
1-21-18      Repealed.


     1-21-1.   State Fair Commission created--Appointment and terms. There is created a State Fair Commission within the Department of Agriculture. The commission shall act in an advisory capacity to the secretary of agriculture. The commission may consist of up to thirteen members appointed by and serving at the pleasure of the Governor. Seven of the members may be appointed at large; an additional six members may be appointed from each of the following: 4-H Clubs of South Dakota, a resident of the city of Huron, a resident of Beadle County, a vendor, an exhibitor, and an employee of the South Dakota State University. Not all of the members may be of the same political party. The commission shall meet periodically at the call of the secretary and shall assist the Department of Agriculture in planning, promoting, and presenting the state fair and such other duties as assigned by the secretary.

Source: SDC 1939 § 55.4601; SL 1939, ch 225, § 1; SL 1949, ch 226, § 1; SL 1953, ch 298; SL 1974, ch 12, §§ 1, 2; SL 1980, ch 368, §§ 17, 18, 20; SL 2003, ch 16, § 1.


     1-21-1.1.   Repealed by SL 2003, ch 16, § 2.


     1-21-1.2.   Repealed by SL 2017, ch 6, § 1, eff. Mar. 8, 2017.


     1-21-2.   Meetings of fair commission--Chair and vice chair. The State Fair Commission shall meet at least once a year in Huron, South Dakota. The commission may hold other meetings at places and at times requested by the secretary of agriculture. At the first meeting of the year the commission shall elect from its own membership, a chair and vice chair.

Source: SDC 1939, § 55.4602; SL 1939, ch 225, § 2; SL 1949, ch 226, § 1; SL 1953, ch 299; SL 1955, ch 256, § 1; SL 1964, ch 164, § 1; SL 1967, ch 258, § 1; SL 2004, ch 18, § 2; SL 2017, ch 6, § 2, eff. Mar. 8, 2017.


     1-21-3.   Repealed by SL 1971, ch 23, § 2.


     1-21-4.   State fair manager--Appointment and duties--Membership in State Fair Commission. The secretary of agriculture shall appoint and may, at pleasure, remove, subject to the approval by the Governor, a state fair manager. The manager shall perform such duties as may be required by the secretary of agriculture. The state fair manager shall serve as an ex-officio member of the State Fair Commission.

Source: SDC 1939, § 55.4602; SL 1939, ch 225, § 2; SL 1949, ch 226, § 1; SL 1953, ch 299; SL 1955, ch 256; SL 1964, ch 164, § 1; SL 1967, ch 258, § 1; SL 1977, ch 12; SL 2003, ch 16, § 3.


     1-21-4.1.   Repealed by SL 1974, ch 12, § 5.


     1-21-5.   Repealed by SL 1997, ch 38, § 1.


     1-21-6.   Supervision and control by secretary of agriculture. The secretary of agriculture has supervision and control of the state fairgrounds throughout the year.

Source: SDC 1939 § 55.4601; SL 1939, ch 225, § 1; SL 1949, ch 226, § 1; SL 1953, ch 298; SL 1992, ch 8, § 1; SL 2004, ch 18, § 3; SL 2018, ch 13, § 1.


     1-21-6.1.   State fair law enforcement officers. The secretary of agriculture may appoint as many law enforcement officers, as defined in § 23-3-27 and certified by the state, as may be necessary to serve as state fair law enforcement officers to ensure peace and good order on or about the fairgrounds. The secretary shall issue to each officer a certificate of authority. Each officer shall possess all the powers of a certified law enforcement officer with jurisdiction to make arrests within Beadle County. The secretary may promulgate rules pursuant to chapter 1-26 establishing additional qualifications in excess of the certification requirements for a certified law officer.

Source: SL 2004, ch 18, § 1; SL 2017, ch 6, § 3, eff. Mar. 8, 2017.


     1-21-7, 1-21-8.   Repealed by SL 2003, ch 16, §§ 4, 5.


     1-21-9.   Annual state fair--Exhibits. The secretary of agriculture shall hold one state fair each year on the grounds provided by the state in the city of Huron.
     The term, fair, as used in this chapter means a bona fide exhibit of livestock; mineral, agricultural, and horticultural products; machinery; mechanical; and fine arts.

Source: SDC 1939, § 55.4607; SL 1949, ch 226, § 1; SL 1964, ch 164, § 2; SL 2004, ch 18, § 4; SL 2018, ch 13, § 2.


     1-21-10.   Promulgation of rules. The Department of Agriculture may hold a state fair and other activities in the city of Huron at such times as it may determine. The secretary of agriculture may promulgate rules pursuant to chapter 1-26 concerning:
             (1)      Traffic and camping regulation;
             (2)      Advertising on the fairgrounds;
             (3)      Admission policies;
             (4)      Employee policies;
             (5)      Exhibitor policies;
             (6)      Maintenance responsibilities;
             (7)      Entry requirements;
             (8)      Department superintendent duties;
             (9)      Health and heredity requirements for animals;
             (10)      The provision of feed and forage;
             (11)      Administration of stalls;
             (12)      Judges and judging;
             (13)      Protests and appeals;
             (14)      Premiums and awards;
             (15)      Space rental provisions and requirements;
             (16)      The establishment of opening and closing dates;
             (17)      The establishment and collection of fees for admission, parking, camping, entry, and exhibits, solicitation booths, and commercial exhibits; and
             (18)      Terms, conditions, and fees for the use of the fairgrounds and fairgrounds facilities when the state fair is not in progress.

Source: SDC 1939, § 55.4603; SL 1949, ch 226, § 1; SL 1964, ch 165; SL 1986, ch 326, § 1; SL 1987, ch 21; SL 1992, ch 8, § 2; SL 2003, ch 16, § 6; SL 2018, ch 13, § 3.


     1-21-11, 1-21-12.   Repealed by SL 2003, ch 16, §§ 7, 8.


     1-21-13.   Repealed by SL 2001, ch 10, § 2.


     1-21-14.   Receipt and disbursement of funds. All sums received for admissions, concessions, and privileges, or for any purpose, by the secretary of agriculture, shall be placed in the state fair fund and shall be budgeted and expended in accordance with Title 4 on warrants drawn by the state auditor upon vouchers approved by the secretary of agriculture.

Source: SDC 1939, § 55.4607; SL 1949, ch 226, § 1; SL 1964, ch 164, § 2; SL 1973, ch 6; SL 1984, ch 7; SL 2001, ch 10, § 3; SL 2003, ch 16, § 9.


     1-21-15, 1-21-16.   Repealed by SL 2001, ch 10, §§ 4, 5.


     1-21-17.   Confidentiality of contract terms and negotiations. The terms of any contract and the negotiations for any contract between the secretary of agriculture and any performers or entertainers may be kept confidential. However, sixty days after the expiration of such contract, the terms of such contract shall become a public record.

Source: SL 1993, ch 16, § 1; SL 2003, ch 16, § 10.


     1-21-18.   Repealed by SL 2015, ch 204, § 1.


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