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Committee advances bill to restrict fairs from operating events outside commissioner-assigned dates
Summary
After discussion with agencies and fair representatives, the committee amended LD 2096 to prohibit holding or advertising agricultural fair events outside dates assigned by the commissioner, narrow suspension language, link stipend eligibility to section 86, and voted 'ought to pass as amended'.
The Joint Standing Committee on Agriculture, Conservation and Forestry on Thursday moved LD 2096 forward with amendments that limit when agricultural fairs and related livestock and pulling events may be held and how stipend eligibility is determined.
Karen Nadeau, the committee analyst, led the session’s bill analysis and described a committee amendment that keeps the bill’s emergency clause, removes proposed changes to the statutory definition of 'agricultural fair,' and rewrites the provisions in section 84 (fair dates), section 86 (stipend fund), and section 97 (pulling events).
Under the committee amendment, a licensee would be prohibited from operating or advertising a fair outside the dates assigned by the commissioner. The amendment clarifies allowed exceptions and links exceptions for display and awarding of premiums to the stipend-eligibility language already in section 86. The committee agreed to align the exception window with prior committee work by allowing certain activities up to 48 hours before assigned fair dates for stipend-eligible events.
Sponsor Representative Mitchell said the bill is designed to prevent established fairs from being undermined by overlapping events that shift attendance and revenue away from existing fairs. “I don’t want a fair to just hold fair events and call it something else and therefore be able to do it,” Mitchell said.
Agency input informed drafting choices. Director Norris reported outreach to 25 fairs (four opposed removal of some language; 21 expressed flexibility) and supported the friendly amendment. Michelle Webb, Director of Agricultural Resource Development at the Department of Agriculture, Conservation, and Forestry, recommended using the statutory term 'event' (which by statute includes livestock and pulling contests) rather than the undefined 'exhibition' to avoid ambiguity.
The committee also debated enforcement language that in prior draft allowed the commissioner to 'suspend or revoke' a license. Members pressed for clarity on duration. Sponsor Mitchell said she did not intend a multi-year revocation; the chair and sponsor agreed to remove 'revoke' and leave suspension length to commissioner discretion for the affected season.
After revisions and a brief caucus, Representative Mark Cooper moved the committee amendment and the roll-call vote recorded the motion as 'ought to pass as amended' unanimously among voting members present (8 yes, recorded; 5 members absent). Next steps: the bill as amended will move forward in the legislature’s process with the committee’s recommendation.
