State of South Dakota
Senators Sutton (Duane) and Napoli and Representatives Tidemann, Frost,
Haverly, and Peters
FOR AN ACT ENTITLED, An Act to
abolish the state fair, to create South Dakota
Achievement Days, and to make an appropriation therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
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
All members of the State Fair Commission shall be appointed at large.
The State Fair Commission shall hold an annual meeting on the third Tuesday in
January each year, at the office of the secretary-treasurer at Huron, South Dakota. It may hold
other meetings at places and at times requested by the secretary of agriculture. The
secretary-treasurer shall give notice of all meetings, except the regular annual meeting, to all
members in ample time to enable them to attend by ordinary methods of travel. At the regular
annual meeting the commission shall elect from its own membership, a president and a
vice-president. Each member of the commission shall have an equal voice and equal voting
power on the commission and in conduct of the affairs of the 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.
The secretary of agriculture has supervision and control of the state fairgrounds
throughout the year, the holding of an annual fair on the fairgrounds, the collection of exhibits
for the fair and the promotion of agriculture, horticulture, manufacturing, and the domestic arts.
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 during the
annual fair. 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.
The secretary of agriculture shall hold one state fair each year upon the grounds
provided for such purposes by the state at the city of Huron.
The term, fair, as used in this chapter means a bona fide exhibit of the four principal classes
of livestock and of poultry, together with mineral, agricultural, and horticultural products,
machinery, mechanical, and fine arts.
The Department of Agriculture may hold state fairs and other activities at the city
of Huron at such times as it may determine. The secretary of agriculture may promulgate rules
pursuant to chapter 1-26 concerning:
Traffic and camping regulation;
Advertising on the fairgrounds;
Department superintendent duties;
Health and heredity requirements for animals;
The provision of feed and forage;
Administration of stalls;
Judges and judging;
Protests and appeals;
Premiums and awards;
Space rental provisions and requirements;
The establishment of opening and closing dates;
The establishment and collection of fees for admission, parking, camping, entry, and
exhibits, solicitation booths, and commercial exhibits; and
Terms, conditions, and fees for the use of the fairgrounds and fairgrounds facilities
when the state fair is not in progress.
The department may collect exhibits, offer and pay premiums, fix the terms and times of
admission to the grandstand and outside gate, appoint judges, employ personnel, and do any act
necessary in the conduct of the state fairs and other activities. The department may adopt special
rules governing specific premiums, awards, entry, and exhibit requirements and related policies
pursuant to subdivision 1-26-1(8) within the scope of the general rules authorized pursuant to
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.
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
Source: SL 1993, ch 16, § 1; SL 2003, ch 16, § 10.
Unless inconsistent with other provisions of this chapter, all rules that are in effect
on July 1, 2003, as adopted by the State Fair Commission, shall continue with full force and
effect until they are specifically altered, amended, or revoked by the adoption of superseding
rules by the secretary of agriculture.
The term, South Dakota Achievement Days, as used in this Act means an
exhibition designed to promote education, and to encourage improvement in agriculture,
horticulture, livestock, poultry, dairy products, liberal arts, mechanical fabrics, fine arts,
domestic economy, and 4-H club activities by offering premiums and rewards for the best
Starting in the summer of 2007, South Dakota Achievement Days shall be held
at the following sites on a rotating annual basis:
(1) Sioux Empire Fair at Sioux Falls;
(2) Central States Fair at Rapid City;
(3) Brown County Fair at Aberdeen.
There is hereby annually appropriated from the state
fund the sum of two
hundred thousand dollars ($
), or so much thereof that may be necessary, to the
Department of Agriculture as financial assistance to the governing board of the fair that will host
South Dakota Achievement Days for that year. The money shall be used to organize, operate,
and promote South Dakota Achievement Days.
There is hereby appropriated from the state
fund the sum of one hundred
thousand dollars (
), or so much thereof that may be necessary, to the Department of
Agriculture for costs associated with closure of the state fair in Huron.
The secretary of the Department of Agriculture shall approve vouchers and the
state auditor shall draw warrants to pay expenditures authorized by this Act.
This Act is effective on July 1, 2007.