174.1 Terms defined.

For the purposes of this chapter:

1. "Fair" shall mean an annual gathering of people that incorporates agricultural exhibits, shows, or competition which has the following activities:

a. Extension, 4-H, or future farmers of America programs.

b. Commercial and educational exhibits.

c. Competition in the fine or home craft arts.

2. "Management" shall mean president, vice-president, secretary, or treasurer of the society.

3. "Society" shall mean a county or district fair or agricultural society incorporated under the laws of this state for the purpose of holding such fair, and which owns or leases at least ten acres of ground and owns buildings and improvements situated on said ground of a value of at least eight thousand dollars, or any incorporated farm organization authorized to hold an agricultural fair which owns or leases buildings and grounds especially constructed for fair purposes of the value of one hundred and fifty thousand dollars in a county where no other agricultural fair receiving state aid is held.

174.10 Appropriation--availability.

1. Any moneys appropriated for state aid for county or local fairs shall be paid to the office of treasurer of state to be allocated to the association of Iowa fairs for payments to be made by the association to eligible societies pursuant to this chapter.

2. a. The association of Iowa fairs shall maintain a list of each society in a county which is a member of the association and conducts a fair in that county as provided in this chapter. If a county has more than one fair, the association shall list the name of each society conducting a fair in that county for three or more years. The association of Iowa fairs shall not make a payment to a society under this chapter unless the society complies with section 174.9 and the name of the society appears on the association's list.

b. The association shall prepare a report at the end of each fiscal year concerning the state aid appropriated for county or local fairs, the manner in which such aid was allocated to eligible societies, and the manner in which the aid was expended by the societies. The association shall submit the report to the governor and the general assembly by January 1 of each year. The association shall not use moneys appropriated for state aid for county or local fairs, or interest earned on such moneys, for administrative or other expenses.

3. The amount of state aid for each fair which is eligible for state aid shall be equal.

4. If no society in a county qualifies to receive state aid, that county's share shall be divided equally among the counties with societies eligible for state aid, as provided in this section.

5. The board of supervisors, upon receiving a petition seeking to designate an official county fair which meets the requirements of section 331.306, shall submit to the registered voters of the county at the next general election following submission of the petition or at a special election if requested by the petitioners at no cost to the county, the question of which fair shall be designated as the official county fair. Notice of the election shall be given as provided in section 49.53. The fair receiving a majority of the votes cast on the question shall be designated the official county fair.

174.11 Amount allowed as state aid.

Repealed by 99 Acts, ch 204, §38.

174.12 Payment of state aid.

The association of Iowa fairs shall pay a society the amount due in state aid, less one thousand dollars, as provided in this chapter. The association of Iowa fairs must certify to the treasurer that the society is eligible under this chapter to receive the amount to be paid to the society by the association. The association shall pay the society the remaining one thousand dollars, if all of the following apply:

1. The secretary of the state fair board certifies to the association that the society had an accredited delegate in attendance at the annual convention for the election of members of the state fair board as provided in section 173.2.

2. A district director of the association of Iowa fairs representing the district in which the county is located, and the director of the Iowa state fair board representing the congressional district in which the county is located, certify to the association that the society had an accredited delegate in attendance at the district meeting.

Any state aid moneys remaining due to the failure of a society to comply with this section shall be distributed equally among the societies which have qualified for state aid under this section. The treasurer of state shall allocate to the association of Iowa fairs the total amount to be paid by the association to eligible societies under this chapter.

174.13 County aid.

The board of supervisors of the county in which a society is located may appropriate moneys to be used for fitting up or purchasing fairgrounds for the society or for aiding 4-H club work and payment of agricultural and livestock premiums in connection with the fair, if the society owns or leases at least ten acres of land for the fairground and owns or leases buildings and improvements on the land of at least eight thousand dollars in value. A society may meet the requirement of owning or leasing land, buildings, and improvements through ownership by a joint entity under chapter 28E, of which the society is a part.

174.14 Fairground aid.

The board of supervisors of a county which has acquired real estate for county or district fair purposes and which has a society using the real estate, may appropriate moneys to be used for the erection and repair of buildings or other permanent improvements on the real estate, and for the payment of debts contracted in the erection or repair and payment of agricultural and livestock premiums. In addition, the net proceeds from the sale of fairground sites and structures on the sites shall be used for the erection of permanent buildings on a new fairground site or the cost of moving structures from the old to the new site.

174.15 Purchase and management.

Title to land purchased or received for fairground purposes shall be taken in the name of the county or a society, but the board of supervisors shall place it under the control and management of a society. The society may act as agent for the county in the erection of buildings, maintenance of grounds and buildings, or improvements constructed on the grounds. Title to new buildings or improvements shall be taken in the name of the county or a society, but the county is not liable for the improvements or expenditures for them.

174.16 Termination of rights of society.

The right of such society to the control and management of said real estate may be terminated by the board of supervisors whenever well conducted agricultural fairs are not annually held thereon by such society.

174.17 Issuance of revenue bonds --standby tax levy.

1. The governing

a. A society may institute proceedings for the issuance of bonds by causing a notice of the proposal to issue the bonds to be published at least once in a newspaper of general circulation within the county at least ten days prior to the meeting at which the society proposes to take action for the issuance of the bonds. The notice shall include a statement of the amount and purpose of the bonds, the maximum rate of interest the bonds are to bear, and the right to petition for an election.

b. If at any time before the date fixed for taking action for the issuance of the bonds, a petition signed by three percent of the registered voters of the county is filed with the board of supervisors, asking that the question of issuing the bonds be submitted to the registered voters, the board of supervisors shall either by resolution declare the proposal to issue the bonds to have been abandoned or shall direct the county commissioner of elections to call a special election upon the question of issuing the bonds. The proposition of issuing bonds under this subsection is not approved unless the vote in favor of the proposition is equal to at least sixty percent of the vote cast. If a petition is not filed, or if a petition is filed and the proposition of issuing the bonds is approved at an election, the board of supervisors acting on behalf of the society may proceed with the authorization and issuance of the bonds. Bonds may be issued for the purpose of refunding outstanding and previously issued bonds under this subsection without otherwise complying with the provisions of this subsection.

c. All bonds issued under this subsection shall be payable solely from and shall be secured by an irrevocable pledge of a sufficient portion of the net rents, profits, and income derived from the operation of the county fair and the use or rental of the real and personal property owned or leased by the society. Bonds issued pursuant to this section shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction, and shall not be subject to the provisions of any other law or charter relating to the authorization, issuance, or sale of bonds. Bonds issued under this subsection shall not limit or restrict the authority of the society as otherwise provided by law.

2. To further secure the payment of the bonds, the board of supervisors may, by resolution, provide for the assessment of an annual levy of a standby tax upon all taxable property within the county. A copy of the resolution shall be sent to the county auditor. The revenues from the standby tax shall be deposited in a special fund and shall be expended only for the payment of principal of and interest on the bonds issued as provided in this section, when the receipt of revenues pursuant to subsection 1 is insufficient to pay the principal and interest. If payments are necessary and made from the special fund, the amount of the payments shall be promptly repaid into the special fund from the first available revenues received which are not required for the payment of principal of or interest on bonds due. Reserves shall not be built up in the special fund in anticipation of a projected default. The board of supervisors shall adjust the annual standby tax levy for each year to reflect the amount of revenues in the special fund and the amount of principal and interest which is due in that year.

3. For purposes of this section, "society" means a society, as defined by section 174.1, that conducts a county or local fair that has a verifiable annual attendance of at least one hundred fifty thousand persons and annual outside gate admission revenues of at least four hundred thousand dollars.

174.18

Repealed by 81 Acts, ch 117, § 1097. See § 331.422(7).

174.19 Report of county aid.

A society shall not receive an appropriation from a county under this chapter, until the society submits a financial statement to the county board of supervisors. The statement shall show all expenditures of moneys appropriated to the society from the county in the previous year. The financial statement submitted to the board of supervisors shall include vouchers related to the expenditures.

174.2 Powers of society.

Each society may hold annually a fair to further interest in agriculture and to encourage the improvement of agricultural products, livestock, articles of domestic industry, implements, and other mechanical devices. It may offer and award such premiums as will induce general competition.

In addition to the powers granted herein the society shall possess the powers of a corporation not for pecuniary profit under the laws of this state and those powers enumerated in its articles of incorporation, such powers to be exercised before and after the holding of such fairs.

No salary or compensation of any kind shall be paid to the president, vice president, treasurer, or to a director of the association for such duties. However, the president, vice president, treasurer, or a director of the association may be reimbursed for actual expenses incurred by carrying out duties under this chapter or chapter 173, including, but not limited to attending the convention provided under section 173.2. A person claiming expenses under this paragraph shall be reimbursed to the same extent that a state employee is entitled to be reimbursed for expenses.

174.20 Fraudulent entries of horses.

No person, partnership, company, or corporation shall knowingly enter or cause to be entered any horse of any age or sex under an assumed name, or out of its proper class, to compete for any purse, prize, premium, stake, or sweepstake offered or given by any agricultural or other society, association, person, or persons in the state, or drive any such horse under an assumed name, or out of its proper class, where such prize, purse, premium, stake, or sweepstake is to be decided by a contest of speed.

174.21 Violations--penalty.

Any person convicted of a violation of section 174.20 shall be guilty of a fraudulent practice.

174.22 Entry under changed name.

The name of any horse for the purpose of entry for competition in any contest of speed shall not be changed after having once contested for a prize, purse, premium, stake, or sweepstake, except as provided by the code of printed rules of the society or association under which the contest is advertised to be conducted, unless the former name is given.

174.23 Class determined.

The class to which a horse belongs for the purpose of an entry in any contest of speed, as provided by the printed rules of the society or association under which such contest is to be made, shall be determined by the public record of said horse in any such former contest.

174.24

Repealed by 81 Acts, ch 117, § 1097.

174.25

Repealed by 81 Acts, ch 117, § 1097. See § 174.14.

174.26 and 174.27

Repealed by 81 Acts, ch 117, § 1097.

174.3 Control of grounds.

An ordinance or resolution of a county or city shall not in any way impair the authority of the society, but it shall have sole and exclusive control over and management of such fair.

174.4 Permits to sell articles.

The management of any society may grant a written permit to such persons as it thinks proper, to sell fruit, provisions, and other articles not prohibited by law, under such regulations as the board of directors may prescribe.

174.5 Appointment of police.

The management of any society may appoint such number of special police as it may deem necessary. Such officers are hereby vested with the powers and charged with the duties of peace officers.

174.6 Removal of obstructions.

All shows, swings, booths, tents, vehicles, or any other thing that may obstruct the grounds of any society or the driveways thereof may be removed from the grounds on the order of the management.

174.7 Refusal to remove obstructions.

Any person owning, occupying, or using any such obstruction who shall refuse or fail to remove the same when ordered to do so by the management shall be guilty of a simple misdemeanor.

174.8 Publication of financial statement.

Each society shall annually publish in one newspaper of the county a financial statement of receipts and disbursements for the current year.

174.9 State aid.

Each eligible society which is a member of the association of Iowa fairs and which conducts a county fair shall be entitled to receive aid from the state as provided in this chapter. In order to be eligible for state aid, a society must file with the association of Iowa fairs on or before November 1 of each year, a statement which shall show:

1. The actual amount paid by it in cash premiums at its fair for the current year, which statement must correspond with its published offer of premiums.

2. That no part of said amount was paid for speed events, or to secure games or amusements.

3. A full and accurate statement of the receipts and expenditures of the society for the current year and other statistical data relative to exhibits and attendance for the year.

4. A copy of the published financial statement published as required by law, together with proof of such publication and a certified statement showing an itemized list of premiums awarded, and such other information as the association of Iowa fairs may require.