WSR 97-01-080
PROPOSED RULES
DEPARTMENT OF AGRICULTURE
[Filed December 17, 1996, 2:43 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 96-16-084.
Title of Rule: State fair fund--Proration, chapter 16-700 WAC.
Purpose: To amend the formula for the allocation of state fair funds to community and area fairs and to add qualifying language to the rule.
Statutory Authority for Adoption: RCW 15.76.180.
Statute Being Implemented: Chapter 15.76 RCW, Agricultural fairs, youth shows.
Summary: The amendment will allow the director of agriculture to adjust the minimum basic allocation to community fairs under certain circumstances and allocate fair funds to area fairs under the same merit formula as county fairs.
Reasons Supporting Proposal: The changes will allow the director of agriculture to make proportional changes in state aid to agricultural fairs and ensure an equitable allocation of state funds to the different classifications of fairs when receipts to the fair fund decline.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Walter Swenson, 1111 Washington Street, Olympia, WA, (360) 902-1928.
Name of Proponent: Washington State Fairs Commission, Washington State Department of Agriculture, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The state legislature has declared it is in the public interest to hold agricultural fairs and established the "fair fund" to assist fairs in developing programs to train youths and promote agriculture and rural living. The fair fund is funded by a portion of the parimutuel horseracing receipts collected by the state. As a result of the closure of Longacres racetrack in 1993, the fair fund has declined by thirty-three percent. However, the fair fund allocation formula has not allowed for a proportional reduction in allocations to all classes of fairs receiving allocations from the fund. The proposed rule change will modify the allocation formula and allow for a more equitable allocation of funds to agricultural fairs.
Proposal Changes the Following Existing Rules: The proposed changes will (1) give the director of agriculture authority to reduce the minimum allocation to community fairs when the fair fund revenues decline, and (2) change the method of allocating funds to area fairs.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule change will only affect agricultural fairs which are considered not-for-profit businesses.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.
Hearing Location: Washington State Department of Agriculture, Natural Resources Building, Room 205, 1111 Washington Street, Olympia, WA, on January 22, 1997, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Cathy Jensen by January 22, 1997, TDD (360) 902-1996, or (360) 902-1800.
Submit Written Comments to: Walter Swenson, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98501-2560, FAX (360) 902-2089.
Date of Intended Adoption: February 5, 1997.
December 19 [17], 1996
William E. Brookreson
Assistant Director
Agency Operations
[AMENDATORY SECTION (Amending Order 1279, filed 11/28/72)]
WAC 16-700-010 Activity reports required. Any area county fair
desiring to apply for an allocation from the state fair fund under the
provisions of chapter 61, Laws of 1961, must submit to the director
annually, on or before February 15 of the following year, reports
covering all of its activities on forms to be supplied by the director,
and include a ((county)) certified auditor's report of receipts and
expenditures attributed to the fair. Any ((area or)) community fair or
youth show must submit to the director annually, on or before December
1, the reports of its activities on forms to be supplied by the director.
[Order 1279, 16-700-010, filed 11/28/72, effective 1/1/73; Order 847,
Regulation 1, effective 6/8/61.]
Reviser's note: The bracketed material preceding the section above
was supplied by the code reviser's office.
[AMENDATORY SECTION (Amending Order 1662, filed 12/14/79)]
WAC 16-700-021 Qualifications. (1) Any ((area or)) community fair
applying for an allocation from the state fair fund shall have on display
or exhibit at one place, open to the public, for at least a seven-hour
period:
(((1))) (a) Three or more of the following animal categories: Beef,
sheep, swine, horses, dairy, goats, llamas, dogs, and poultry and rabbits
(poultry and rabbits being in one category) with at least five exhibits
in each category, except poultry and rabbits and dogs which shall have
ten; and
(((2))) (b) At least three of the following categories: Foods,
clothing, horticulture, crops, floriculture, arts and crafts, with at
least five exhibits in each category.
(((3))) (c) Each category, to qualify as per above, shall have at
least three exhibitors.
(((4))) (d) Each fair shall have at least twenty-five exhibitors in
total.
(2) Such ((area or)) community fair, whose application is accepted
by the director, shall be entitled to ((a)) an ((basic)) annual
allocation of up to fifty percent of the premiums and prizes paid to the
participants. An allocation of up to one hundred percent reimbursement
of premiums and prizes paid may be made on a merit basis to such fairs
as reporting one thousand dollars or more of the value of such premiums
and prizes: Provided, That any community fair that has for its purpose
the education and training of youth in the matters of rural living and
production agriculture and serving the 4-H and FFA members and all
interested youth in its community, may qualify for an allocation with:
(((1))) (a) Three or more of the following categories: Beef, sheep,
swine, dairy, horses, llamas or goats; or
(((2))) (b) At least two of the following categories: Beef, sheep,
swine, dairy, llamas and/or goats, and at least two of the following
categories: Foods, clothing, horticulture, crops, floriculture, arts and
crafts, dogs, poultry and/or rabbits (poultry and/or rabbits being one
category).
(((3))) (c) Each category, to qualify as per above, shall have at
least three exhibitors.
(((4))) (d) Each fair shall have at least twenty-five exhibitors in
total.
(e) All such exhibits are to be exhibited by youth exhibitors, at
one place, open to the public, for at least a seven-hour period. Such
fair shall be entitled to an maximum annual allocation of up to ((only))
fifty percent reimbursement of premiums and prizes.
(3) Any area fair may not receive an allocation in excess of the
total reimbursement of premiums and prizes.
[Statutory Authority: Chapter 15.76 RCW. 80-01-019 (Order 1662), 16-700-021, filed 12/14/79, effective 1/1/81.]
Reviser's note: The bracketed material preceding the section above
was supplied by the code reviser's office.
Reviser's note: RCW 34.05.395 requires the use of underlining and
deletion marks to indicate amendments to existing rules. The rule
published above varies from its predecessor in certain respects not
indicated by the use of these markings.
[AMENDATORY SECTION (Amending Order 847, effective 6/8/61)]
WAC 16-700-040 Weight Consideration given to community support.
((Due weight)) Special consideration ((shall)) may be given to each of
the several criteria by which fairs are to receive a merit rating.
Special consideration may be given, however, to small and comparatively
isolated fairs with limited local resources when such fairs have shown
that a maximum community effort has been made in support of these fairs.
[Order 847, Regulation 4, effective 6/8/61.]
Reviser's note: The bracketed material preceding the section above
was supplied by the code reviser's office.
Reviser's note: The typographical error in the above section
occurred in the copy filed by the agency and appears in the Register
pursuant to the requirements of RCW 34.08.040.
[AMENDATORY SECTION (Amending Order 847, effective 6/8/61)]
WAC 16-700-050 Merit criteria. The merit of area, district, county and community fairs shall be determined on the basis of the following criteria:
(1) Aims and purposes: For what reason or purposes is the show held and what is the evidence of successful achievement of these aims and purposes?
(2) Organization and management: To what extent is the
organization, its officers and management, and the physical ((setup))
facilities and financial resources geared to accomplish the objectives
stated above?
(3) Area served: What is the extent of the area from which exhibits and exhibitors are drawn and the extent of the area served?
(4) General attractiveness: Are the agricultural, educational, commercial and recreational features well balanced, making the fair attractive to the fairgoing public?
(5) Exhibits: What is the number, quality and diversity of exhibits and their general rating judged by recognized standards of excellence, as well as their neatness and orderliness in all departments, in open and junior classes?
(6) Community, county or area interest: How is full participation and support of the area served indicated by (a) attendance, both paid and total, and (b) by active support of service clubs, farm organizations and other groups?
(((7) Financial management: What are the receipts from all sources,
all expenditures, including building funds, capital improvements,
financial reserves and obligations?))
(((8))) (7) Success of the fair: How successful does the fair
appear, measured by its accomplishment in relation to resources
available?
[Order 847, Regulation 5, effective 6/8/61.]
Reviser's note: The bracketed material preceding the section above
was supplied by the code reviser's office.
[AMENDATORY SECTION (Amending Order 847, effective 6/8/61)]
WAC 16-700-060 Criteria for youth shows and fairs. Youth shows and fairs shall be judged on a merit basis according to the following criteria:
(1) Aims and purposes: To what extent does the show supplement 4-H, FFA and other related youth programs and to what extent does it provide opportunity for showing results of supervised training in these programs?
(2) Organization and management: To what extent is the organization, its officers and management and the physical setup geared to accomplish the objectives stated above?
(3) Scope: What does the show include in the nature of youth participation, such as number of participants, kind and number of exhibits or displays, and the clubs or chapters represented?
(4) Quality: What is the general attractiveness of the show in all departments, the general rating of exhibits judged by recognized standards of excellence, and the neatness and orderliness in all departments?
(5) Financial statement: What are the receipts of all kinds, the
expenditures, including salaries and wages, premiums paid, ((building
fund accounts,)) financial reserves and general obligations?
(6) Area and/or community support: In what ways does the area served support this show?
(7) Special activities: To what extent does the show provide
special activities for youth development, such as judging contests,
educational demonstrations, banquets, barbecues, programs, or other
supervised recreation?
[Order 847, Regulation 6, effective 6/8/61.]
Reviser's note: The bracketed material preceding the section above
was supplied by the code reviser's office.
[AMENDATORY SECTION (Amending Order 1279, filed 11/28/72)]
WAC 16-700-080 Qualifying premiums and prizes. Premiums and prizes
that qualify for listing for allocation purposes shall be those paid for
exhibits and educational contests, displays, and demonstrations of an
educational nature. This is not to include judges fees and expenses,
livestock sale revenues, prizes or premiums for promotion or
entertainment activities such as queen contests, parades, dances, rodeos,
and races.
[Order 1279, 16-700-080, filed 11/28/72, effective 1/1/73.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.