State of Illinois
Public Acts
91st General Assembly

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 91-0934

SB1281 Enrolled                               LRB9109317JMmbA

    AN ACT to amend the Agricultural Fair Act.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The  Agricultural  Fair  Act  is  amended  by
changing Sections 2, 5, 9, 10, 13, 14, 17, 18, 19, 20, and 22
and adding Section 21.5 as follows:

    (30 ILCS 120/2) (from Ch. 85, par. 652)
    Sec. 2.
    When used in this Act,
    "Department" means Department of Agriculture.
    "County   fair"   means   a  fair  sponsored  by  a  fair
association or agricultural society.
    "Director"  means  the  Director  of  the  Department  of
Agriculture.
    "Junior exhibitor" means an exhibitor whose age is within
limits established by Department rule.
(Source: P.A. 77-1208.)

    (30 ILCS 120/5) (from Ch. 85, par. 655)
    Sec.  5.  To   No   county   fair   shall   qualify   for
disbursements  made  by  the Department from an appropriation
made under provisions of this Act, each  county  fair  should
notify  unless  it  shall  have  notified  the  Department in
writing of  its  declaration  of  intent  to  participate  by
December  31  of  the  year  preceding the year in which such
distribution shall be made. The notification shall state  the
following:  facts  of  its  organization, location, officers,
dates of exhibitions and approximate amount of premiums to be
offered.
(Source: P.A. 77-1208.)
    (30 ILCS 120/9) (from Ch. 85, par. 659)
    Sec. 9. The formulas for  distributing  monies  from  the
Agricultural  Premium  Fund to eligible county fairs shall be
contingent upon the following provisions:
    (a)  Of the total amount of premiums which are to be paid
to persons for exhibitions at its annual fair for the current
year for  exhibits  of  any  events  related  to  agriculture
agricultural including  horticulture, flora culture, poultry,
livestock,  light  horses,  harness-racing  and running horse
races, rodeos, and  domestic  and  mechanical  arts,  no  one
department Department or class shall be paid premiums awarded
in  excess of 30% of the total premiums awarded by the county
fair except those departments or classes  limited  to  junior
exhibitors.   Harness  horse  races  and  running horse races
shall be considered as one department.
    (b)  (Blank). In no  case  shall  stall  or  pen  rentals
exceed  the maximum rate per day as set by the Department for
the approved exhibition period of the county fair.
    (c)  A reasonable  entry  fee  for  all  classes  may  be
charged   which   will   not  exceed  the  maximum  limit  as
established by the Department.
    (d)  No part of any appropriation made for the benefit of
county fairs shall be used in payment for personnel  or  acts
which  are  solely for the entertainment of persons attending
the fair or for acts which have been hired or contracted  for
by  the fair, except events related to agriculture, including
tractor pulls, truck pulls, rodeos and other acts  which  may
be exempt in the judgment of the Director.
    (e)  Prizes   awarded   for   light   horses,   and   for
harness-racing  and running horses shall be payable from such
appropriation.
(Source: P.A. 81-159.)

    (30 ILCS 120/10) (from Ch. 85, par. 660)
    Sec. 10.   (a) Effective  with  fiscal  year  1987,  each
county  fair's authorized base shall be set at 66 2/3% of the
approved amount of premium paid in either fiscal year 1984 or
1985, whichever year has the largest approved  amount.    The
authorized base of the Gallatin, Montgomery and Massac county
fairs  for  fiscal years 1987 and 1988 shall be $15,000 each.
If there is a change in the appropriation, the Director shall
allocate  to  each  fair  the  same   percentages   of   that
appropriation  as it received of the authorized bases for all
fairs.
    (b)  The Department shall reimburse each eligible  county
fair as follows:
    100%  of the first $2,000 of approved premiums awarded at
each eligible county fair in Division I, Division II  or  any
combination of the 2 Divisions;
    85% of the next $2,000;
    75% of the next $3,000;
    65% of the next $3,000;
    55% of the next $4,000; and
    50%  of  the  remaining  premiums  paid  until  the total
reimbursement equals up to the  authorized  base  amount  for
each fair.
    For  the  purposes  of this Section, Division II includes
light horses, harness horse races, running horse  races,  and
Division  I  includes tractor pulls, truck pulls, rodeos, and
all other departments and classes.
    (c)  If, after all approved state aid claims are paid for
the current year pursuant to subsection (b) of this  Section,
any  amount remains in the appropriations for state aid, that
remaining amount shall be distributed on a  grant  basis.  If
the total amount of excess approved state aid claims over the
authorized base is equal to or less than the remaining amount
appropriated  for  state  aid,  then  each participating fair
shall receive  a  grant  equivalent  to  the  excess  of  its
approved claim over its authorized base.  If the total amount
of  excess  approved  state  aid claims exceeds the remaining
monies appropriated  for  state  aid,  the  grants  shall  be
distributed  to  the participating fairs in proportion to the
total amounts of their  respective  excess  approved  claims.
If,  after  all approved claims are paid, any amount remains,
that amount shall be distributed to all county fairs eligible
under this Section in proportion to  their  total  state  aid
claims.   Fairs  filing  approved claims exceeding both their
authorized base and the grant provided for in this subsection
shall participate in the Growth Incentive Program  set  forth
in Section 10.1.
    Grant monies received by a county fair shall be used only
for  premiums,  awards,  judge's  fees,  and  other  expenses
incurred  by  the  fair  which  are  directly  related to the
operation of the fair  and  approved  by  regulation  of  the
Department. Each fair shall file with the Department a fiscal
accounting  of  the  expenditure of the grant monies received
under this subsection each year at the same time it files its
report under Section 12 in relation to the fair held  in  the
next succeeding year.
    Effective  with  fiscal  year  1989 and each odd numbered
fiscal  year  thereafter,  the   authorized   base   of   all
participating  county  fairs shall be adjusted by applying 66
2/3% to the amount of approved premiums paid in  the  highest
of the previous 2 fiscal years.
(Source: P.A. 84-130.)

    (30 ILCS 120/13) (from Ch. 85, par. 663)
    Sec.  13.   State  reimbursement.   Except  as  otherwise
allowed by the Director, to qualify for disbursements made by
the   Department   from   an  appropriation  made  under  the
provisions of this Section, the land on  which  the  fair  is
held  must be owned by the county fair board participating in
this disbursement or by a State,  city,  village,  or  county
government body, or be held under a lease that is at least 20
years  in  duration, the terms of which require the lessee to
have continuous possession of the land during  every  day  of
the   lease   period.   No  county  fair  shall  qualify  for
disbursements made by the Department  from  an  appropriation
made  under  the  provisions  of this Section unless it shall
have notified the Department in  writing  of  its  intent  to
participate   prior   to   obligating  any  funds  for  which
reimbursement will be requested.  Each county fair  shall  be
reimbursed  annually  for that part of the amount expended by
the  fair  during  the  year  for  liability   and   casualty
insurance,   as   provided   in   this   Section,   and   the
rehabilitation  of  its grounds, including major construction
projects  and  minor  maintenance  and  repair  projects;  as
follows:
    100% of the first $5,000 or any part thereof;
    75% of the next $20,000 or any part thereof;
    50% of the next $20,000 or any part thereof.
    The lesser  of  either  $10,000  or  50%  of  the  amount
received  by  a  county  fair pursuant to this Section may be
expended for liability and casualty insurance.
    If a county fair expends more than is needed in any  year
for  approved  projects to maximize State reimbursement under
this  Section  and  provides  itemized  receipts  and   other
evidence  of  expenditures  for  that year, any excess may be
carried over to the succeeding year. The amount carried  over
shall  constitute  a claim for reimbursement for a subsequent
period not to exceed 7 years as long as funds are available.
    Before June  30  15  of  each  year,  the  president  and
secretary  of each county fair which has participated in this
program shall file with the Department a sworn  statement  of
the amount expended during the period July 1 to June 30 15 of
the  State's  fiscal  year, accompanied by itemized receipted
bills and other evidence of expenditures. If  the  Department
approves  the  claim, the State Comptroller is authorized and
directed to draw a  warrant  payable  from  the  Agricultural
Premium  Fund  on  the  State Treasurer for the amount of the
rehabilitation claims.
    If after all claims are paid, there remains any amount of
the appropriation for rehabilitation,  the  remaining  amount
shall  be  distributed  as a grant to the participating fairs
qualifying  for  the  maximum  reimbursement  and  shall   be
distributed  to  the  eligible fairs on an equal basis not to
exceed each eligible fair's pro rata share  granted  in  this
paragraph.   A   sworn   statement  of  the  amount  expended
accompanied by the itemized receipted bills  as  evidence  of
expenditure  must  be filed with the Department by June 30 15
of each year.
(Source: P.A. 89-96, eff. 7-7-95; 90-329, eff. 8-8-97.)

    (30 ILCS 120/14) (from Ch. 85, par. 664)
    Sec.  14.  Agricultural  Extension   4-H   groups   clubs
supervised  by  the  Cooperative  Extension  Service  of  the
University  of Illinois Extension and conducting at least one
show or exhibition of the project work  of  the  members  and
paying  promptly  in  cash or an award of comparable monetary
value the premiums awarded shall be eligible  to  participate
in  an  appropriation  made  for  this purpose by the General
Assembly. The provisions of this Section shall not  apply  to
more than one show or exhibition per calendar year of any one
class or type of project work. The clubs shall participate in
the  appropriation  at  a  rate  of  not less than $10.50 per
member enrolled for the year as recorded in the  State  "4-H"
Club  Office. The rate per member shall be specified for each
year in the Act making the appropriation for this purpose. In
addition, $400 per county is allotted for judges' fees.
    The County  Extension  Leader  of  each  County  or  Unit
Advisor,  Agriculture,  shall certify to the State "4-H" Club
Officer  under  oath,  on  a  blank  form  furnished  by  the
Department, the amount paid out in premiums at  the  show  or
exhibition  shows  for  the current year, and the name of the
officer or organization making the payments and the number of
members enrolled for the  current  year.  This  certification
shall  be accompanied by itemized receipts as evidence of the
certified amounts, and it must be filed with  the  Department
before  December  31  of  each  year.  Upon  receipt  of  the
certification  the  Department shall reimburse the officer or
organization making  the  payments  in  accordance  with  the
provisions of this Section.
    If  the  amount  appropriated by the General Assembly for
the payments of the premiums is insufficient to pay  in  full
the  amount  which  the  Agricultural  Extension "4-H" Groups
Clubs are entitled, the sum shall be prorated among all those
entitled to it.
    If after all approved claims are paid and  there  remains
any  amount of the appropriation, the remaining portion shall
be distributed as a grant to  the  participating  Cooperative
Extension  "4-H"  Groups Clubs. These monies shall be granted
on a prorated basis of membership. A fiscal accounting of the
expenditures of the grant monies  shall  be  filed  with  the
Department no later than December 31 of the year in which the
club receives such grant monies.
(Source: P.A. 81-159.)

    (30 ILCS 120/17) (from Ch. 85, par. 667)
    Sec.  17.  Any  county  fair  eligible  to participate in
appropriations  made  from  the  Agricultural  Premium  Fund,
except in counties where  a  Fair  and  Exposition  Authority
participated  in  the  appropriation  in  1999,  of more than
600,000  but  less  than  1,000,000  inhabitants,  may  elect
instead in any  odd  numbered  year  to  participate  in  the
appropriation   from   the  Fair  and  Exposition  Fund.  The
Department must be notified of such election by January 1  of
the  year  of  participation  in that fund. Any such election
shall be binding for 4 calendar years. No county  fair  shall
participate  for  the  same  calendar  year in appropriations
under both this Fund and the Agricultural Premium Fund.
    In  counties  where  a  Fair  and  Exposition   Authority
participated   in  1999,  the  Authority  shall  continue  to
participate with more than 600,000 but  less  than  1,000,000
inhabitants,  there  shall  be  created a Fair and Exposition
Authority for purposes of participating in the  appropriation
from  the  Fair and Exposition Fund.  The Fair and Exposition
Authority shall consist of 7 members appointed by the  county
board  chairman  with  the  advice  and consent of the county
board.
(Source: P.A. 87-1219.)

    (30 ILCS 120/18) (from Ch. 85, par. 668)
    Sec.  18.  Money  shall  be  paid  into  the   Fair   and
Exposition  Fund by the Illinois Racing Board, as provided in
Section 28 of the Illinois Horse  Racing  Act  of  1975.  The
General  Assembly shall from time to time make appropriations
payable from such fund to the Department for distribution  to
county  fairs  in  counties  having a population of less than
600,000  and  to  any  Fair  and  Exposition  Authority  that
participated in the appropriation in 1999 in counties with  a
population  of  more  than  600,000  but  less than 1,000,000
inhabitants. Such appropriations shall be distributed by  the
Department  to county fairs which are eligible to participate
in appropriations made from the Agricultural Premium Fund but
which elect instead to  participate  in  appropriations  made
from  the Fair and Exposition Fund and to Fair and Exposition
Authorities that participated in the appropriation in 1999 in
counties having a population of more than  600,000  but  less
than  1,000,000  inhabitants.  If  a county has more than one
county fair, such fairs shall jointly  elect  to  participate
either  in  appropriations made from the Agricultural Premium
Fund or in appropriations made from the Fair  and  Exposition
Fund. All participating county fairs of the same county shall
participate  in  the  same appropriation. Except as otherwise
allowed by the Director, a participant,  to  be  eligible  to
expend  moneys  appropriated  receive appropriations from the
Fair  and  Exposition  Fund  for  the  purchase  of  new   or
additional  land  construction  or  maintenance of buildings,
grounds, facilities, infrastructure, or  any  improvement  to
the  grounds  must  hold  the  land  on  which  such  fair or
exposition is to be conducted as a fee or under a lease of at
least 20 years, the terms of which require the lessee to have
continuous possession of the land during  every  day  of  the
lease  period.  duration,  except  counties  with  more  than
600,000   but  less  than  1,000,000  inhabitants  where  the
participant shall  be  the  Fair  and  Exposition  Authority.
Before  receiving a distribution of monies from the fund, the
treasurer or other financial officer of a  participant  shall
file with the Director a penal bond in an amount equaling the
sums  to  be  distributed,  and  conditioned  upon the lawful
expenditure of the money so distributed.  The  cost  of  such
bond may be paid from such money.
(Source: P.A. 87-1219.)

    (30 ILCS 120/19) (from Ch. 85, par. 669)
    Sec.  19. Each year, beginning in State fiscal year 2001,
each county  fair  or  Fair  and  Exposition  Authority  that
received  moneys  from  the  Fair  and Exposition Fund during
State fiscal year 2000 shall receive from that Fund an amount
equal to that received in State  fiscal  year  2000.   If  an
eligible  county  fair  elects  to  begin participation in an
appropriation from the Fair  and  Exposition  Fund  in  State
fiscal year 2001 or thereafter, an additional amount shall be
appropriated  not  to  exceed  an  amount equal to the number
representing  the  last  official  census  of   that   county
multiplied  by  the  amount determined by dividing the amount
appropriated for State fiscal year 2000 by the total official
census of those counties that participated  in  State  fiscal
year 2000, except that no county fair shall receive an amount
greater  than the largest amount received by a county fair or
Fair and Exposition Authority in 2000.  in counties having  a
population  of  more  than  600,000  but  less than 1,000,000
inhabitants shall receive that proportion of the total amount
appropriated for distribution from the  Fair  and  Exposition
Fund  as  the  population  of  such county bears to the total
population of all counties having fairs  or  in  counties  of
more  than 600,000 but less than 1,000,000 inhabitants having
a  Fair  and  Exposition  Authority  participating  in   such
appropriation.  In  the event a county has more than one fair
participating in  such  appropriation,  that  county's  share
shall be divided equally among them.
(Source: P.A. 87-1219.)

    (30 ILCS 120/20) (from Ch. 85, par. 670)
    Sec.   20.    Appropriations   made  from  the  Fair  and
Exposition Fund  may  be  used  for  financing  agricultural,
industrial,   cultural,  educational,  trade  and  scientific
exhibits; and for constructing,  equipping,  and  maintaining
auditoriums,  exposition  buildings,  and viewing stands, and
for other  related  expenditures  necessary  to  protect  and
utilize  such  facilities and grounds, including expenditures
for such things as sewers, utilities,  paved  parking  areas,
security fences, retaining walls, and for such other purposes
as  may  be  approved by the Department by regulation, or for
payment of the principal of, and interest upon, revenue bonds
issued for any of such purposes.  In  any  instance  where  a
participant in this fund is authorized by statute to use such
appropriations  for other related and specifically designated
purposes, such  use  by  such  participant  shall  be  deemed
authorized  by  this Section. Neither appropriation made from
the Fair and Exposition Fund nor  auditoriums  or  exposition
buildings  constructed  or  equipped pursuant to this Section
shall be used for any of the purposes designated in  Sections
3 through 8 and 10 through 13.  A county fair which elects to
receive  an  appropriation  from the Fair and Exposition Fund
may, upon written notification to the Director,  allocate  up
to  66  2/3%  of  the  money received from the Department for
premium and award purposes as set forth  in  subsections  (a)
through  (e) of Section 9; and for other expenses incurred by
the fair that are directly related to the  operation  of  the
fair and approved by rule by the Department.
    In  addition, county fairs eligible to participate in the
Fair and Exposition Fund appropriation that hold the land  on
which  the county fair is conducted as a fee or under a lease
of at least 20 years, the terms of which require  the  lessee
to have continuous possession of the land during every day of
the  lease  period,  or as otherwise allowed by the Director,
may be reimbursed for expenditures for  purchase  of  new  or
additional  land,  construction  or maintenance of buildings,
facilities, grounds, or infrastructure,  or  improvements  to
the grounds.
(Source: P.A. 84-130.)

    (30 ILCS 120/21.5 new)
    Sec.    21.5.  No   county   fair   shall   qualify   for
disbursements made by the Department  from  an  appropriation
made  under the provisions of this Act unless it notifies the
Department  in  writing  of  its  declaration  of  intent  to
participate by December 31 of the year preceding the year  in
which  such  distribution  shall  be  made.  The notification
shall state the following:  the facts  of  its  organization,
location,  officers, dates of exhibitions, approximate amount
of premiums to be offered and the  estimated  amounts  to  be
expended,  and  the purpose for the expenditures.  Before the
end of the calendar  year  following  the  expenditure,  each
participant receiving money shall make an accounting of it to
the Director.

    (30 ILCS 120/22) (from Ch. 85, par. 672)
    Sec.  22.  No  appropriation made under the provisions of
this Act shall be used for the payment of the salary  of  any
officer or employee of any fair.
(Source: P.A. 77-1208.)

    (30 ILCS 120/15 rep.)
    (30 ILCS 120/21 rep.)
    Section  10.  The  Agricultural  Fair  Act  is amended by
repealing Sections 15 and 21.

[ Top ]