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91_SB1281enr
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1 AN ACT to amend the Agricultural Fair Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Agricultural Fair Act is amended by
5 changing Sections 2, 5, 9, 10, 13, 14, 17, 18, 19, 20, and 22
6 and adding Section 21.5 as follows:
7 (30 ILCS 120/2) (from Ch. 85, par. 652)
8 Sec. 2.
9 When used in this Act,
10 "Department" means Department of Agriculture.
11 "County fair" means a fair sponsored by a fair
12 association or agricultural society.
13 "Director" means the Director of the Department of
14 Agriculture.
15 "Junior exhibitor" means an exhibitor whose age is within
16 limits established by Department rule.
17 (Source: P.A. 77-1208.)
18 (30 ILCS 120/5) (from Ch. 85, par. 655)
19 Sec. 5. To No county fair shall qualify for
20 disbursements made by the Department from an appropriation
21 made under provisions of this Act, each county fair should
22 notify unless it shall have notified the Department in
23 writing of its declaration of intent to participate by
24 December 31 of the year preceding the year in which such
25 distribution shall be made. The notification shall state the
26 following: facts of its organization, location, officers,
27 dates of exhibitions and approximate amount of premiums to be
28 offered.
29 (Source: P.A. 77-1208.)
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1 (30 ILCS 120/9) (from Ch. 85, par. 659)
2 Sec. 9. The formulas for distributing monies from the
3 Agricultural Premium Fund to eligible county fairs shall be
4 contingent upon the following provisions:
5 (a) Of the total amount of premiums which are to be paid
6 to persons for exhibitions at its annual fair for the current
7 year for exhibits of any events related to agriculture
8 agricultural including horticulture, flora culture, poultry,
9 livestock, light horses, harness-racing and running horse
10 races, rodeos, and domestic and mechanical arts, no one
11 department Department or class shall be paid premiums awarded
12 in excess of 30% of the total premiums awarded by the county
13 fair except those departments or classes limited to junior
14 exhibitors. Harness horse races and running horse races
15 shall be considered as one department.
16 (b) (Blank). In no case shall stall or pen rentals
17 exceed the maximum rate per day as set by the Department for
18 the approved exhibition period of the county fair.
19 (c) A reasonable entry fee for all classes may be
20 charged which will not exceed the maximum limit as
21 established by the Department.
22 (d) No part of any appropriation made for the benefit of
23 county fairs shall be used in payment for personnel or acts
24 which are solely for the entertainment of persons attending
25 the fair or for acts which have been hired or contracted for
26 by the fair, except events related to agriculture, including
27 tractor pulls, truck pulls, rodeos and other acts which may
28 be exempt in the judgment of the Director.
29 (e) Prizes awarded for light horses, and for
30 harness-racing and running horses shall be payable from such
31 appropriation.
32 (Source: P.A. 81-159.)
33 (30 ILCS 120/10) (from Ch. 85, par. 660)
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1 Sec. 10. (a) Effective with fiscal year 1987, each
2 county fair's authorized base shall be set at 66 2/3% of the
3 approved amount of premium paid in either fiscal year 1984 or
4 1985, whichever year has the largest approved amount. The
5 authorized base of the Gallatin, Montgomery and Massac county
6 fairs for fiscal years 1987 and 1988 shall be $15,000 each.
7 If there is a change in the appropriation, the Director shall
8 allocate to each fair the same percentages of that
9 appropriation as it received of the authorized bases for all
10 fairs.
11 (b) The Department shall reimburse each eligible county
12 fair as follows:
13 100% of the first $2,000 of approved premiums awarded at
14 each eligible county fair in Division I, Division II or any
15 combination of the 2 Divisions;
16 85% of the next $2,000;
17 75% of the next $3,000;
18 65% of the next $3,000;
19 55% of the next $4,000; and
20 50% of the remaining premiums paid until the total
21 reimbursement equals up to the authorized base amount for
22 each fair.
23 For the purposes of this Section, Division II includes
24 light horses, harness horse races, running horse races, and
25 Division I includes tractor pulls, truck pulls, rodeos, and
26 all other departments and classes.
27 (c) If, after all approved state aid claims are paid for
28 the current year pursuant to subsection (b) of this Section,
29 any amount remains in the appropriations for state aid, that
30 remaining amount shall be distributed on a grant basis. If
31 the total amount of excess approved state aid claims over the
32 authorized base is equal to or less than the remaining amount
33 appropriated for state aid, then each participating fair
34 shall receive a grant equivalent to the excess of its
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1 approved claim over its authorized base. If the total amount
2 of excess approved state aid claims exceeds the remaining
3 monies appropriated for state aid, the grants shall be
4 distributed to the participating fairs in proportion to the
5 total amounts of their respective excess approved claims.
6 If, after all approved claims are paid, any amount remains,
7 that amount shall be distributed to all county fairs eligible
8 under this Section in proportion to their total state aid
9 claims. Fairs filing approved claims exceeding both their
10 authorized base and the grant provided for in this subsection
11 shall participate in the Growth Incentive Program set forth
12 in Section 10.1.
13 Grant monies received by a county fair shall be used only
14 for premiums, awards, judge's fees, and other expenses
15 incurred by the fair which are directly related to the
16 operation of the fair and approved by regulation of the
17 Department. Each fair shall file with the Department a fiscal
18 accounting of the expenditure of the grant monies received
19 under this subsection each year at the same time it files its
20 report under Section 12 in relation to the fair held in the
21 next succeeding year.
22 Effective with fiscal year 1989 and each odd numbered
23 fiscal year thereafter, the authorized base of all
24 participating county fairs shall be adjusted by applying 66
25 2/3% to the amount of approved premiums paid in the highest
26 of the previous 2 fiscal years.
27 (Source: P.A. 84-130.)
28 (30 ILCS 120/13) (from Ch. 85, par. 663)
29 Sec. 13. State reimbursement. Except as otherwise
30 allowed by the Director, to qualify for disbursements made by
31 the Department from an appropriation made under the
32 provisions of this Section, the land on which the fair is
33 held must be owned by the county fair board participating in
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1 this disbursement or by a State, city, village, or county
2 government body, or be held under a lease that is at least 20
3 years in duration, the terms of which require the lessee to
4 have continuous possession of the land during every day of
5 the lease period. No county fair shall qualify for
6 disbursements made by the Department from an appropriation
7 made under the provisions of this Section unless it shall
8 have notified the Department in writing of its intent to
9 participate prior to obligating any funds for which
10 reimbursement will be requested. Each county fair shall be
11 reimbursed annually for that part of the amount expended by
12 the fair during the year for liability and casualty
13 insurance, as provided in this Section, and the
14 rehabilitation of its grounds, including major construction
15 projects and minor maintenance and repair projects; as
16 follows:
17 100% of the first $5,000 or any part thereof;
18 75% of the next $20,000 or any part thereof;
19 50% of the next $20,000 or any part thereof.
20 The lesser of either $10,000 or 50% of the amount
21 received by a county fair pursuant to this Section may be
22 expended for liability and casualty insurance.
23 If a county fair expends more than is needed in any year
24 for approved projects to maximize State reimbursement under
25 this Section and provides itemized receipts and other
26 evidence of expenditures for that year, any excess may be
27 carried over to the succeeding year. The amount carried over
28 shall constitute a claim for reimbursement for a subsequent
29 period not to exceed 7 years as long as funds are available.
30 Before June 30 15 of each year, the president and
31 secretary of each county fair which has participated in this
32 program shall file with the Department a sworn statement of
33 the amount expended during the period July 1 to June 30 15 of
34 the State's fiscal year, accompanied by itemized receipted
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1 bills and other evidence of expenditures. If the Department
2 approves the claim, the State Comptroller is authorized and
3 directed to draw a warrant payable from the Agricultural
4 Premium Fund on the State Treasurer for the amount of the
5 rehabilitation claims.
6 If after all claims are paid, there remains any amount of
7 the appropriation for rehabilitation, the remaining amount
8 shall be distributed as a grant to the participating fairs
9 qualifying for the maximum reimbursement and shall be
10 distributed to the eligible fairs on an equal basis not to
11 exceed each eligible fair's pro rata share granted in this
12 paragraph. A sworn statement of the amount expended
13 accompanied by the itemized receipted bills as evidence of
14 expenditure must be filed with the Department by June 30 15
15 of each year.
16 (Source: P.A. 89-96, eff. 7-7-95; 90-329, eff. 8-8-97.)
17 (30 ILCS 120/14) (from Ch. 85, par. 664)
18 Sec. 14. Agricultural Extension 4-H groups clubs
19 supervised by the Cooperative Extension Service of the
20 University of Illinois Extension and conducting at least one
21 show or exhibition of the project work of the members and
22 paying promptly in cash or an award of comparable monetary
23 value the premiums awarded shall be eligible to participate
24 in an appropriation made for this purpose by the General
25 Assembly. The provisions of this Section shall not apply to
26 more than one show or exhibition per calendar year of any one
27 class or type of project work. The clubs shall participate in
28 the appropriation at a rate of not less than $10.50 per
29 member enrolled for the year as recorded in the State "4-H"
30 Club Office. The rate per member shall be specified for each
31 year in the Act making the appropriation for this purpose. In
32 addition, $400 per county is allotted for judges' fees.
33 The County Extension Leader of each County or Unit
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1 Advisor, Agriculture, shall certify to the State "4-H" Club
2 Officer under oath, on a blank form furnished by the
3 Department, the amount paid out in premiums at the show or
4 exhibition shows for the current year, and the name of the
5 officer or organization making the payments and the number of
6 members enrolled for the current year. This certification
7 shall be accompanied by itemized receipts as evidence of the
8 certified amounts, and it must be filed with the Department
9 before December 31 of each year. Upon receipt of the
10 certification the Department shall reimburse the officer or
11 organization making the payments in accordance with the
12 provisions of this Section.
13 If the amount appropriated by the General Assembly for
14 the payments of the premiums is insufficient to pay in full
15 the amount which the Agricultural Extension "4-H" Groups
16 Clubs are entitled, the sum shall be prorated among all those
17 entitled to it.
18 If after all approved claims are paid and there remains
19 any amount of the appropriation, the remaining portion shall
20 be distributed as a grant to the participating Cooperative
21 Extension "4-H" Groups Clubs. These monies shall be granted
22 on a prorated basis of membership. A fiscal accounting of the
23 expenditures of the grant monies shall be filed with the
24 Department no later than December 31 of the year in which the
25 club receives such grant monies.
26 (Source: P.A. 81-159.)
27 (30 ILCS 120/17) (from Ch. 85, par. 667)
28 Sec. 17. Any county fair eligible to participate in
29 appropriations made from the Agricultural Premium Fund,
30 except in counties where a Fair and Exposition Authority
31 participated in the appropriation in 1999, of more than
32 600,000 but less than 1,000,000 inhabitants, may elect
33 instead in any odd numbered year to participate in the
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1 appropriation from the Fair and Exposition Fund. The
2 Department must be notified of such election by January 1 of
3 the year of participation in that fund. Any such election
4 shall be binding for 4 calendar years. No county fair shall
5 participate for the same calendar year in appropriations
6 under both this Fund and the Agricultural Premium Fund.
7 In counties where a Fair and Exposition Authority
8 participated in 1999, the Authority shall continue to
9 participate with more than 600,000 but less than 1,000,000
10 inhabitants, there shall be created a Fair and Exposition
11 Authority for purposes of participating in the appropriation
12 from the Fair and Exposition Fund. The Fair and Exposition
13 Authority shall consist of 7 members appointed by the county
14 board chairman with the advice and consent of the county
15 board.
16 (Source: P.A. 87-1219.)
17 (30 ILCS 120/18) (from Ch. 85, par. 668)
18 Sec. 18. Money shall be paid into the Fair and
19 Exposition Fund by the Illinois Racing Board, as provided in
20 Section 28 of the Illinois Horse Racing Act of 1975. The
21 General Assembly shall from time to time make appropriations
22 payable from such fund to the Department for distribution to
23 county fairs in counties having a population of less than
24 600,000 and to any Fair and Exposition Authority that
25 participated in the appropriation in 1999 in counties with a
26 population of more than 600,000 but less than 1,000,000
27 inhabitants. Such appropriations shall be distributed by the
28 Department to county fairs which are eligible to participate
29 in appropriations made from the Agricultural Premium Fund but
30 which elect instead to participate in appropriations made
31 from the Fair and Exposition Fund and to Fair and Exposition
32 Authorities that participated in the appropriation in 1999 in
33 counties having a population of more than 600,000 but less
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1 than 1,000,000 inhabitants. If a county has more than one
2 county fair, such fairs shall jointly elect to participate
3 either in appropriations made from the Agricultural Premium
4 Fund or in appropriations made from the Fair and Exposition
5 Fund. All participating county fairs of the same county shall
6 participate in the same appropriation. Except as otherwise
7 allowed by the Director, a participant, to be eligible to
8 expend moneys appropriated receive appropriations from the
9 Fair and Exposition Fund for the purchase of new or
10 additional land construction or maintenance of buildings,
11 grounds, facilities, infrastructure, or any improvement to
12 the grounds must hold the land on which such fair or
13 exposition is to be conducted as a fee or under a lease of at
14 least 20 years, the terms of which require the lessee to have
15 continuous possession of the land during every day of the
16 lease period. duration, except counties with more than
17 600,000 but less than 1,000,000 inhabitants where the
18 participant shall be the Fair and Exposition Authority.
19 Before receiving a distribution of monies from the fund, the
20 treasurer or other financial officer of a participant shall
21 file with the Director a penal bond in an amount equaling the
22 sums to be distributed, and conditioned upon the lawful
23 expenditure of the money so distributed. The cost of such
24 bond may be paid from such money.
25 (Source: P.A. 87-1219.)
26 (30 ILCS 120/19) (from Ch. 85, par. 669)
27 Sec. 19. Each year, beginning in State fiscal year 2001,
28 each county fair or Fair and Exposition Authority that
29 received moneys from the Fair and Exposition Fund during
30 State fiscal year 2000 shall receive from that Fund an amount
31 equal to that received in State fiscal year 2000. If an
32 eligible county fair elects to begin participation in an
33 appropriation from the Fair and Exposition Fund in State
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1 fiscal year 2001 or thereafter, an additional amount shall be
2 appropriated not to exceed an amount equal to the number
3 representing the last official census of that county
4 multiplied by the amount determined by dividing the amount
5 appropriated for State fiscal year 2000 by the total official
6 census of those counties that participated in State fiscal
7 year 2000, except that no county fair shall receive an amount
8 greater than the largest amount received by a county fair or
9 Fair and Exposition Authority in 2000. in counties having a
10 population of more than 600,000 but less than 1,000,000
11 inhabitants shall receive that proportion of the total amount
12 appropriated for distribution from the Fair and Exposition
13 Fund as the population of such county bears to the total
14 population of all counties having fairs or in counties of
15 more than 600,000 but less than 1,000,000 inhabitants having
16 a Fair and Exposition Authority participating in such
17 appropriation. In the event a county has more than one fair
18 participating in such appropriation, that county's share
19 shall be divided equally among them.
20 (Source: P.A. 87-1219.)
21 (30 ILCS 120/20) (from Ch. 85, par. 670)
22 Sec. 20. Appropriations made from the Fair and
23 Exposition Fund may be used for financing agricultural,
24 industrial, cultural, educational, trade and scientific
25 exhibits; and for constructing, equipping, and maintaining
26 auditoriums, exposition buildings, and viewing stands, and
27 for other related expenditures necessary to protect and
28 utilize such facilities and grounds, including expenditures
29 for such things as sewers, utilities, paved parking areas,
30 security fences, retaining walls, and for such other purposes
31 as may be approved by the Department by regulation, or for
32 payment of the principal of, and interest upon, revenue bonds
33 issued for any of such purposes. In any instance where a
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1 participant in this fund is authorized by statute to use such
2 appropriations for other related and specifically designated
3 purposes, such use by such participant shall be deemed
4 authorized by this Section. Neither appropriation made from
5 the Fair and Exposition Fund nor auditoriums or exposition
6 buildings constructed or equipped pursuant to this Section
7 shall be used for any of the purposes designated in Sections
8 3 through 8 and 10 through 13. A county fair which elects to
9 receive an appropriation from the Fair and Exposition Fund
10 may, upon written notification to the Director, allocate up
11 to 66 2/3% of the money received from the Department for
12 premium and award purposes as set forth in subsections (a)
13 through (e) of Section 9; and for other expenses incurred by
14 the fair that are directly related to the operation of the
15 fair and approved by rule by the Department.
16 In addition, county fairs eligible to participate in the
17 Fair and Exposition Fund appropriation that hold the land on
18 which the county fair is conducted as a fee or under a lease
19 of at least 20 years, the terms of which require the lessee
20 to have continuous possession of the land during every day of
21 the lease period, or as otherwise allowed by the Director,
22 may be reimbursed for expenditures for purchase of new or
23 additional land, construction or maintenance of buildings,
24 facilities, grounds, or infrastructure, or improvements to
25 the grounds.
26 (Source: P.A. 84-130.)
27 (30 ILCS 120/21.5 new)
28 Sec. 21.5. No county fair shall qualify for
29 disbursements made by the Department from an appropriation
30 made under the provisions of this Act unless it notifies the
31 Department in writing of its declaration of intent to
32 participate by December 31 of the year preceding the year in
33 which such distribution shall be made. The notification
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1 shall state the following: the facts of its organization,
2 location, officers, dates of exhibitions, approximate amount
3 of premiums to be offered and the estimated amounts to be
4 expended, and the purpose for the expenditures. Before the
5 end of the calendar year following the expenditure, each
6 participant receiving money shall make an accounting of it to
7 the Director.
8 (30 ILCS 120/22) (from Ch. 85, par. 672)
9 Sec. 22. No appropriation made under the provisions of
10 this Act shall be used for the payment of the salary of any
11 officer or employee of any fair.
12 (Source: P.A. 77-1208.)
13 (30 ILCS 120/15 rep.)
14 (30 ILCS 120/21 rep.)
15 Section 10. The Agricultural Fair Act is amended by
16 repealing Sections 15 and 21.
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