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91_SB1281eng
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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, and 20 and
6 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 agricultural
8 including horticulture, flora culture, poultry, livestock,
9 light horses, harness-racing and running horse races, rodeos,
10 and domestic and mechanical arts, no one Department or class
11 shall be paid premiums awarded in excess of 30% of the total
12 premiums awarded by the county fair except those departments
13 or classes limited to junior exhibitors. Harness horse races
14 and running horse races shall be considered as one
15 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. To qualify for
30 disbursements made by the Department from an appropriation
31 made under the provisions of this Section, the land on which
32 the fair is held must be owned by the county fair board
33 participating in this disbursement or by a State, city,
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1 village, or county government body, or be held under a lease
2 that is at least 20 years in duration, the terms of which
3 require the lessee to have continuous possession of the land
4 during every day of the lease period. No county fair shall
5 qualify for disbursements made by the Department from an
6 appropriation made under the provisions of this Section
7 unless it shall have notified the Department in writing of
8 its intent to participate prior to obligating any funds for
9 which reimbursement will be requested. Each county fair
10 shall be reimbursed annually for that part of the amount
11 expended by the fair during the year for liability and
12 casualty insurance, as provided in this Section, and the
13 rehabilitation of its grounds, including major construction
14 projects and minor maintenance and repair projects; as
15 follows:
16 100% of the first $5,000 or any part thereof;
17 75% of the next $20,000 or any part thereof;
18 50% of the next $20,000 or any part thereof.
19 The lesser of either $10,000 or 50% of the amount
20 received by a county fair pursuant to this Section may be
21 expended for liability and casualty insurance.
22 If a county fair expends more than is needed in any year
23 for approved projects to maximize State reimbursement under
24 this Section and provides itemized receipts and other
25 evidence of expenditures for that year, any excess may be
26 carried over to the succeeding year. The amount carried over
27 shall constitute a claim for reimbursement for a subsequent
28 period not to exceed 7 years as long as funds are available.
29 Before June 30 15 of each year, the president and
30 secretary of each county fair which has participated in this
31 program shall file with the Department a sworn statement of
32 the amount expended during the period July 1 to June 30 15 of
33 the State's fiscal year, accompanied by itemized receipted
34 bills and other evidence of expenditures. If the Department
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1 approves the claim, the State Comptroller is authorized and
2 directed to draw a warrant payable from the Agricultural
3 Premium Fund on the State Treasurer for the amount of the
4 rehabilitation claims.
5 If after all claims are paid, there remains any amount of
6 the appropriation for rehabilitation, the remaining amount
7 shall be distributed as a grant to the participating fairs
8 qualifying for the maximum reimbursement and shall be
9 distributed to the eligible fairs on an equal basis not to
10 exceed each eligible fair's pro rata share granted in this
11 paragraph. A sworn statement of the amount expended
12 accompanied by the itemized receipted bills as evidence of
13 expenditure must be filed with the Department by June 30 15
14 of each year.
15 (Source: P.A. 89-96, eff. 7-7-95; 90-329, eff. 8-8-97.)
16 (30 ILCS 120/14) (from Ch. 85, par. 664)
17 Sec. 14. Agricultural Extension 4-H groups clubs
18 supervised by the Cooperative Extension Service of the
19 University of Illinois Extension and conducting at least one
20 show or exhibition of the project work of the members and
21 paying promptly in cash the premiums awarded shall be
22 eligible to participate in an appropriation made for this
23 purpose by the General Assembly. The provisions of this
24 Section shall not apply to more than one show or exhibition
25 per calendar year of any one class or type of project work.
26 The clubs shall participate in the appropriation at a rate of
27 not less than $10.50 per member enrolled for the year as
28 recorded in the State "4-H" Club Office. The rate per member
29 shall be specified for each year in the Act making the
30 appropriation for this purpose. In addition, $400 per county
31 is allotted for judges' fees.
32 The County Extension Leader of each County or Unit
33 Advisor, Agriculture, shall certify to the State "4-H" Club
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1 Officer under oath, on a blank form furnished by the
2 Department, the amount paid out in premiums at the show or
3 exhibition shows for the current year, and the name of the
4 officer or organization making the payments and the number of
5 members enrolled for the current year. This certification
6 shall be accompanied by itemized receipts as evidence of the
7 certified amounts, and it must be filed with the Department
8 before December 31 of each year. Upon receipt of the
9 certification the Department shall reimburse the officer or
10 organization making the payments in accordance with the
11 provisions of this Section.
12 If the amount appropriated by the General Assembly for
13 the payments of the premiums is insufficient to pay in full
14 the amount which the Agricultural Extension "4-H" Groups
15 Clubs are entitled, the sum shall be prorated among all those
16 entitled to it.
17 If after all approved claims are paid and there remains
18 any amount of the appropriation, the remaining portion shall
19 be distributed as a grant to the participating Cooperative
20 Extension "4-H" Groups Clubs. These monies shall be granted
21 on a prorated basis of membership. A fiscal accounting of the
22 expenditures of the grant monies shall be filed with the
23 Department no later than December 31 of the year in which the
24 club receives such grant monies.
25 (Source: P.A. 81-159.)
26 (30 ILCS 120/17) (from Ch. 85, par. 667)
27 Sec. 17. Any county fair eligible to participate in
28 appropriations made from the Agricultural Premium Fund,
29 except in counties where a Fair and Exposition Authority
30 participated in the appropriation in 1999, of more than
31 600,000 but less than 1,000,000 inhabitants, may elect
32 instead in any odd numbered year to participate in the
33 appropriation from the Fair and Exposition Fund. The
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1 Department must be notified of such election by January 1 of
2 the year of participation in that fund. Any such election
3 shall be binding for 4 calendar years. No county fair shall
4 participate for the same calendar year in appropriations
5 under both this Fund and the Agricultural Premium Fund.
6 In counties where a Fair and Exposition Authority
7 participated in 1999, the Authority shall continue to
8 participate with more than 600,000 but less than 1,000,000
9 inhabitants, there shall be created a Fair and Exposition
10 Authority for purposes of participating in the appropriation
11 from the Fair and Exposition Fund. The Fair and Exposition
12 Authority shall consist of 7 members appointed by the county
13 board chairman with the advice and consent of the county
14 board.
15 (Source: P.A. 87-1219.)
16 (30 ILCS 120/18) (from Ch. 85, par. 668)
17 Sec. 18. Money shall be paid into the Fair and
18 Exposition Fund by the Illinois Racing Board, as provided in
19 Section 28 of the Illinois Horse Racing Act of 1975. The
20 General Assembly shall from time to time make appropriations
21 payable from such fund to the Department for distribution to
22 county fairs in counties having a population of less than
23 600,000 and to any Fair and Exposition Authority that
24 participated in the appropriation in 1999 in counties with a
25 population of more than 600,000 but less than 1,000,000
26 inhabitants. Such appropriations shall be distributed by the
27 Department to county fairs which are eligible to participate
28 in appropriations made from the Agricultural Premium Fund but
29 which elect instead to participate in appropriations made
30 from the Fair and Exposition Fund and to Fair and Exposition
31 Authorities that participated in the appropriation in 1999 in
32 counties having a population of more than 600,000 but less
33 than 1,000,000 inhabitants. If a county has more than one
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1 county fair, such fairs shall jointly elect to participate
2 either in appropriations made from the Agricultural Premium
3 Fund or in appropriations made from the Fair and Exposition
4 Fund. All participating county fairs of the same county shall
5 participate in the same appropriation. A participant, to be
6 eligible to expend moneys appropriated receive appropriations
7 from the Fair and Exposition Fund for the purchase of new or
8 additional land construction or maintenance of buildings,
9 grounds, facilities, infrastructure, or any improvement to
10 the grounds must hold the land on which such fair or
11 exposition is to be conducted as a fee or under a lease of at
12 least 20 years, the terms of which require the lessee to have
13 continuous possession of the land during every day of the
14 lease period. duration, except counties with more than
15 600,000 but less than 1,000,000 inhabitants where the
16 participant shall be the Fair and Exposition Authority.
17 Before receiving a distribution of monies from the fund, the
18 treasurer or other financial officer of a participant shall
19 file with the Director a penal bond in an amount equaling the
20 sums to be distributed, and conditioned upon the lawful
21 expenditure of the money so distributed. The cost of such
22 bond may be paid from such money.
23 (Source: P.A. 87-1219.)
24 (30 ILCS 120/19) (from Ch. 85, par. 669)
25 Sec. 19. Each year, beginning in State fiscal year 2001,
26 each county fair or Fair and Exposition Authority that
27 received moneys from the Fair and Exposition Fund during
28 State fiscal year 2000 shall receive from that Fund an amount
29 equal to that received in State fiscal year 2000. If an
30 eligible county fair elects to begin participation in an
31 appropriation from the Fair and Exposition Fund in State
32 fiscal year 2001 or thereafter, an additional amount shall be
33 appropriated not to exceed an amount equal to the number
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1 representing the last official census of that county
2 multiplied by the amount determined by dividing the amount
3 appropriated for State fiscal year 2000 by the total official
4 census of those counties that participated in State fiscal
5 year 2000, except that no county fair shall receive an amount
6 greater than the largest amount received by a county fair or
7 Fair and Exposition Authority in 2000. in counties having a
8 population of more than 600,000 but less than 1,000,000
9 inhabitants shall receive that proportion of the total amount
10 appropriated for distribution from the Fair and Exposition
11 Fund as the population of such county bears to the total
12 population of all counties having fairs or in counties of
13 more than 600,000 but less than 1,000,000 inhabitants having
14 a Fair and Exposition Authority participating in such
15 appropriation. In the event a county has more than one fair
16 participating in such appropriation, that county's share
17 shall be divided equally among them.
18 (Source: P.A. 87-1219.)
19 (30 ILCS 120/20) (from Ch. 85, par. 670)
20 Sec. 20. Appropriations made from the Fair and
21 Exposition Fund may be used for financing agricultural,
22 industrial, cultural, educational, trade and scientific
23 exhibits and for constructing, equipping, and maintaining
24 auditoriums, exposition buildings, and viewing stands, and
25 for other related expenditures necessary to protect and
26 utilize such facilities and grounds, including expenditures
27 for such things as sewers, utilities, paved parking areas,
28 security fences, retaining walls, and for such other purposes
29 as may be approved by the Department by regulation, or for
30 payment of the principal of, and interest upon, revenue bonds
31 issued for any of such purposes. In any instance where a
32 participant in this fund is authorized by statute to use such
33 appropriations for other related and specifically designated
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1 purposes, such use by such participant shall be deemed
2 authorized by this Section. Neither appropriation made from
3 the Fair and Exposition Fund nor auditoriums or exposition
4 buildings constructed or equipped pursuant to this Section
5 shall be used for any of the purposes designated in Sections
6 3 through 8 and 10 through 13. A county fair which elects to
7 receive an appropriation from the Fair and Exposition Fund
8 may, upon written notification to the Director, allocate up
9 to 66 2/3% of the money received from the Department for
10 premium and award purposes as set forth in subsections (a)
11 through (e) of Section 9.
12 In addition, county fairs eligible to participate in the
13 Fair and Exposition Fund appropriation that hold the land on
14 which the county fair is conducted as a fee or under a lease
15 of at least 20 years, the terms of which require the lessee
16 to have continuous possession of the land during every day of
17 the lease period, may be reimbursed for expenditures for
18 purchase of new or additional land, construction or
19 maintenance of buildings, facilities, grounds, or
20 infrastructure, or improvements to the grounds.
21 (Source: P.A. 84-130.)
22 (30 ILCS 120/21.5 new)
23 Sec. 21.5. No county fair shall qualify for
24 disbursements made by the Department from an appropriation
25 made under the provisions of this Act unless it notifies the
26 Department in writing of its declaration of intent to
27 participate by December 31 of the year preceding the year in
28 which such distribution shall be made. The notification
29 shall state the following: the facts of its organization,
30 location, officers, dates of exhibitions, approximate amount
31 of premiums to be offered and the estimated amounts to be
32 expended, and the purpose for the expenditures. Before the
33 end of the calendar year following the expenditure, each
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1 participant receiving money shall make an accounting of it to
2 the Director.
3 (30 ILCS 120/15 rep.)
4 (30 ILCS 120/21 rep.)
5 Section 10. The Agricultural Fair Act is amended by
6 repealing Sections 15 and 21.
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