2-132.   County free fair; petition and election;purchase of grounds;tax levy, use of proceeds; admission to fair.Whenever in the opinion of the board of county commissioners of any county inthis state the agricultural and industrial interests of such county can beadvanced by the establishment and maintenance of a county-owned and operatedfree fair, and a petition to the same effect, signed by 60% of thelandowners of such county, is presented to theboard of county commissioners therefor, it shall be the duty of the board ofcounty commissioners to call an election to submit to the voters a propositionto purchase a fairground, and if a majority of the votes cast on thatproposition shall be favorable to such purchase it shall be the duty of theboard of county commissioners to purchase such grounds. In any county which hasestablished a free fair under this section and in which there is nocounty fair association recognized by the secretaryof agriculture, such county free fair shall be recognized by thesecretary of agriculture as the official county fair of suchcounty if the secretary of agriculture shall havefirst determined that the county within which such county free fair is located:(1) Has fairgrounds, or fairgrounds and buildings combined, with an appraisedvalue of at least $5,000; (2) hasconformed to adequate standards for a "fair" as defined in K.S.A. 2-125, andamendments thereto; and (3) has paid premiums and awards for exhibitors andcontestants of at least $2,000annually for the two consecutive years last preceding. Nothing inthis act shall prevent the board of county commissioners of any county inKansas from receiving and accepting as a gift, lands to be used as a fairgroundexcept that where the board of county commissioners of any county in Kansas hasreceived and accepted lands for uses of fairgrounds as a gift from a fairassociation organized under the provisions of K.S.A. 2-127 and 2-128, andamendments thereto, and such fair association at the time ofsuch gift had official recognition from thesecretary of agriculture as an official county fair association, theboard of county commissioners of such county may make an annual tax levy on theequalized assessed valuation of all tangible property in said county in anamount which will produce at least$2,000 and at least such amount shall be spent by suchcounty for premiums and awards for exhibitors and contestants atsuch county free fair if there are exhibitors andcontestantsqualifying for such premiums and awards. When any county has purchased afairground as provided herein, or when any county has provided a suitablefairground, either by lease, devise or otherwise, the board of countycommissioners shall annually at the time set by law for making levies, levy atax for the erection, maintenance, upkeep and repair of the equipment,buildings and improvements thereon, the care of the grounds, the payment ofpremiums and awards, the actual expense of operating the fair, and retiring anyindebtedness on lands received through gift, devise or purchase and to pay aportion of the principal and interest on bonds issued under the authority ofK.S.A. 12-1774, and amendments thereto, by cities located in the county but nopart of such levy shall be used for the expense of purses and compensation forall purely entertainment features and racing. No charge shall be made foraccess and admission entrance to exhibits competing for premiums at any fairoperating under the provisions of this section and K.S.A. 2-133, andamendments thereto. Recognition of any such county free fair, as anofficial county fair by the secretary of agriculture,may be forfeited by the secretary of agriculture forfailure to comply with this act or for failure to pay at least $2,000each year, in premiums and awards forexhibitors and contestants.

      History:   L. 1929, ch. 1, § 8; L. 1935, ch. 2, § 3; L. 1951,ch. 4, § 1; L. 1953, ch. 3, § 1; L. 1957, ch. 3, § 1; L. 1975, ch.162, § 2; L. 1979, ch. 52, § 18;L. 2004, ch. 101, § 8; July 1.