Public Act 093-1055
 		





SB3197 Enrolled
LRB093 21134 RCE 47189 b






    AN ACT concerning State Fairs. 

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


 
    Section 5. The State Fair Act is amended  by changing 
Sections 6, 8, 11.1, 12, and 13 as follows:
 



    (20 ILCS 210/6)  (from Ch. 127, par. 1706)



    Sec. 6. Policies, procedures, and powers concerning the 
operation of fairs.

    (a) Policies. The Department shall, pursuant to the 
Illinois Administrative Procedure Act, establish by rule:
        (1)
establish the policy for the operation
of the 
    Illinois State Fair and the DuQuoin State Fair, except 
    those operations regarding contests as provided for in 
    subparagraphs (b) and (c) of this Section, and shall set
        (2) the
policies and procedures for the sale, barter, 
    or exchange of tickets and
for ticket refunds for cancelled 
    events.

    (b) Contests.  The Department shall establish and make 
available, for all contestants and other interested persons, 
sufficient copies of a premium book or other publication that 
establishes the kinds and classes of events or exhibits for 
contests at the fairs, the conditions under which contestants 
shall be entered into contests, the qualification and 
disqualification requirements of contests, the drug testing 
requirements for contests (if applicable), the premiums to be 
offered to contest winners, the manner in which certificates of 
award shall be distributed and premiums paid to contest 
winners, the penalty for violations of a rule, condition, 
instruction, or directive, and requirements of contests, 
including but not limited to the return of all premiums paid, 
the forfeiture of awards, and the prohibition of participating 
in future contests, and all other rules and requirements for 
contests.  These rules, conditions, instructions, directives, 
and requirements shall be exempt from the rulemaking procedures 
of the Illinois Administrative Procedure Act.  All such 
publications issued by the Department that relate to a contest, 
event, or exhibit shall be maintained as a public record at the 
Department's principal office in Springfield, Illinois, and 
made available for public inspection and copying during regular 
business hours.

    (c) Fees. The Department shall establish and publish for 
the Illinois State Fair and
the DuQuoin State Fair a schedule 
of admission fees, entry fees, concession
fees, space rentals 
and other fees for activities offered or provided at each
State 
Fair. These schedules of fees shall be maintained as a public 
record at the Department's principal office in Springfield, 
Illinois, and made available for public inspection and copying 
during regular business, but shall be exempt from the 
rulemaking procedures of the Illinois Administrative Procedure 
Act.
    (d) Facilities.
The Department shall also establish and 
publish the classes of
exhibits, the conditions under which 
they shall be received, stalled and cared
for, the premiums to 
be offered, and the manner in which certificates of award
shall 
be prepared and premiums paid. The Department may negotiate and 
enter
into contracts for activities and use of facilities for 
which there is not an
established or published schedule. The 
contract criteria shall be established
by rule, pursuant to the 
Illinois Administrative Procedure Act.  The Department may 
lease any of its facilities for activities during
the State 
Fair.

    (e) Advertising. The Illinois State Fair in Springfield and 
the DuQuoin State Fair shall
have the power and authority to 
sell or exchange advertising rights in all of
its publications 
and printed materials.  The sale of advertising shall be
subject 
to the rules promulgated by the Department, pursuant to the 
Illinois Administrative Procedure Act.  All income derived from

the sale of advertising at the Illinois State Fair in 
Springfield shall be
deposited into the State Fair Fund.  All 
income derived from the sale of
advertising at the DuQuoin 
State Fair shall be deposited into the Agricultural
Premium 
Fund.

    (f) Veterans. On the day set aside as Veterans Day, 
honorably discharged veterans and
members of their families 
shall be admitted without admission charge upon
presentation of 
identification of any of the following: honorable discharge

certificate, or photostatic copy thereof, or a paid up 
membership card in
any recognized veterans organization.

    (g) Government functions. The Governor, Lieutenant 
Governor, Attorney General, Secretary of
State, Treasurer, 
Comptroller, President and Minority Leader of the Senate,
and 
Minority Leader of the House of Representatives shall be 
afforded space for
official governmental functions, without 
charge, during the State Fair and the
DuQuoin State Fair.

(Source: P.A. 88-5; 88-571, 89-96, eff. 7-7-95.)

 



    (20 ILCS 210/8)  (from Ch. 127, par. 1708)



    Sec. 8. There is created a Board of State Fair Advisors 
consisting of
the Director, 4 ex-officio members as hereafter 
named, and up to 20
15 persons
appointed by the Governor.  The 
Chairman and minority
spokesman of the House Agriculture 
Committee and the Chairman and minority
spokesman of the Senate 
Agriculture, Conservation and Energy Committee of
the Illinois 
General Assembly shall serve as ex-officio members.  No more

than 3 of the Board members shall be appointed from any one 
county.  Members
of the State Fair Advisory Board shall serve 
for 2 year terms commencing on
the third Monday of January  of 
each odd-numbered year.  The Governor shall in
making 
appointments to the Board provide for a representation of the 
interests
of the State Fair and the State of Illinois. Members 
of the Board shall
receive no compensation, but shall be 
reimbursed for necessary expenses
incurred in the performance 
of their duties.  An appointed member's office
becomes vacant 
upon his absence from 2 consecutive regularly
scheduled 
meetings. The Director or his authorized representative from 
the
Department shall act as chairman of the Board.  The duties 
of the Board
are to advise the Director and the Department on 
matters concerning the
operation of each State Fair and State 
Fairgrounds as they pertain to varied
interests in the State 
Fairs and the people of the State of Illinois.

(Source: P.A. 84-1468.)

 



    (20 ILCS 210/11.1)  (from Ch. 127, par. 1711.1)



    Sec. 11.1. The Department shall establish and promote 
contests and
exhibitions of various classes of livestock to be 
known as the "Land of
Lincoln Breeders Awards for Purebred or 
Registered Livestock" and to be
conducted at the State Fair at 
Springfield. Only animals bred, born and
maintained in Illinois 
and owned and exhibited by Illinois residents shall
be eligible 
to participate in such contests and exhibitions; however, such

animals shall be permitted out of this State for a reasonable 
period of
time for showings, exhibitions, breeding or 
reproductive purposes, or medical treatment.

    An annual appropriation from the Agricultural Premium Fund 
shall  be made
for the "Land of Lincoln Breeders Awards for 
Purebred or Registered
Livestock". The percentage of the 
appropriation for each class or show of
livestock shall be set 
by the Department in premium books
rules and regulations. These 
premium books shall be maintained as a public record at the 
Department's principal office in Springfield, Illinois, and 
made available for public inspection and copying during regular 
business hours, but shall be exempt from the rulemaking 
procedures of the Illinois Administrative Procedure Act.


(Source: P.A. 84-1468.)

 



    (20 ILCS 210/12)  (from Ch. 127, par. 1712)



    Sec. 12. The Department shall have the power to promulgate 
rules and
regulations, pursuant to the Illinois Administrative 
Procedure Act, governing the holding of each State Fair, the 
operation of the
State Fairgrounds, the conditions under which 
racing shall be permitted on
the State Fairgrounds, the policy 
for policing the grounds and such other
reasonable rules and 
regulations as are necessary to carry out the intent of the 
Act. However, the Department shall not be required to 
promulgate rules and regulations pursuant to the Illinois 
Administrative Procedure Act concerning those operations 
stated in subsections (b) and (c) of Section 6 of this Act.  
Instead, the requirements set forth in subsections (b) and (c)  
of Section 6 must be followed.


(Source: P.A. 84-1468.)

 



    (20 ILCS 210/13)  (from Ch. 127, par. 1713)



    Sec. 13. Vendors, concessionaires, exhibitors and persons 
renting space
or using facilities at the State Fairgrounds who 
violate this Act, or any
provision of any rule of the 
Department issued under this Act, may be
prohibited from 
utilizing the State Fairgrounds or participating in activities

conducted upon the State Fairgrounds.

(Source: P.A. 89-96, eff. 7-7-95.)


 
    Section 99. Effective date. This Act takes effect upon 
becoming law.