HB2407ham001 94TH GENERAL ASSEMBLY

Agriculture & Conservation Committee

Filed: 3/8/2005

09400HB2407ham001 LRB094 03797 JAM 42951 a

AMENDMENT TO HOUSE BILL 2407

AMENDMENT NO. ______. Amend House Bill 2407 by replacing everything after the enacting clause with the following:

"Section 5. The Agricultural Fair Act is amended by changing Sections 9, 12, 13, 14, 16, 17, 18, and 20 as follows:

(30 ILCS 120/9) (from Ch. 85, par. 659)

Sec. 9. Premiums. 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 including horticulture, flora culture, poultry, livestock, light horses, harness-racing and running horse races, rodeos, and domestic and mechanical arts, no one 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).

(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. 91-934, eff. 6-1-01.)

(30 ILCS 120/12) (from Ch. 85, par. 662)

Sec. 12. On or before Before October 15 of each year, the president and secretary of each county fair claiming state aid shall have postmarked to or shall file with the Department a fiscal accounting of the expenditure of the grant monies received under Section 10 and a sworn statement of the actual amount of cash premiums paid at the fair that year. The sworn statement shall state the following:

a) That all gambling and gambling devices which are declared unlawful by laws of Illinois and the sale of alcoholic liquors other than beer have been prohibited and excluded from the grounds of the fair and from adjacent grounds under the fair's authority, during the fair and at all other times when the fair grounds or adjacent grounds are in the possession of and under the immediate control and supervision of the fair officials.

b) That all receipts from any source other than admissions to the grandstand and entry fees for races, not necessary for the payment of labor and advertising, have been prorated among all other claims and expenses or that all other claims and expenses have been paid in full.

The statement shall correspond with the published offer of premiums, and shall be accompanied by an itemized list of all premiums paid upon the basis of the premiums provided, a copy of the published premium list of the fair, and a full statement of receipts and expenditures for the current year that has been duly verified by the president and secretary of the fair.

The Department may within the period not to exceed 30 days after a fair has filed its claim pay 75% of the fair's authorized base amount if the claim for premiums filed is equal to or exceeds such fair's authorized base for that year. If the claim filed is less than the fair's authorized base, the Department shall only pay 75% of the amount of the claim filed. Should the amount paid a fair exceed the amount authorized after the final audit of such claim, then the fair shall within 30 days after notice by the Department pay to the Department the difference between the amount received and the amount as approved for such fair in the final audit as long as funds are available.

(Source: P.A. 81-159.)

(30 ILCS 120/13) (from Ch. 85, par. 663)

Sec. 13. Rehabilitation 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 $20,000 $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 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 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 of each year.

(Source: P.A. 90-329, eff. 8-8-97; 91-934, eff. 6-1-01.)

(30 ILCS 120/14) (from Ch. 85, par. 664)

Sec. 14. 4-H. University of Illinois extension units that conduct Extension 4-H groups supervised by the University of Illinois Extension and conducting at least one show or exhibition of the eligible members' project work approved by the State 4-H Office of the members and that pay premium moneys paying promptly in cash or an award of comparable monetary value , including $800 maximum in judges' fees, shall be eligible to participate in an appropriation made for this purpose by the General Assembly. As directed by the University, each county's extension leader shall report to the State 4-H Office the eligible number of members participating in the 4-H year. The University shall then file with the Bureau of County Fairs and Horse Racing an Accountability for Agricultural Premiums report certifying the number of eligible 4-H members. All appropriated moneys are to be fully expended as specified (see Part 260 Fairs Operating Under the Agricultural Fair Act Sec. 260.305). If moneys are not fully expended, they shall be returned to the Illinois Department of Agriculture, Bureau of County Fairs and Horse Racing. 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. Based on each year's specified appropriation and as determined by the Department, the county or extension unit The clubs shall participate in the appropriation at a rate predetermined by the Bureau of not less than $10.50 per eligible member enrolled for the year as recorded in the State "4-H" 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 extension leader Extension Leader of each county County or unit Unit shall certify to the State "4-H" Officer under oath, on a form furnished by the Department, the amount paid out in premiums, judges' fees, and ribbons at the show or exhibition for the current year, and the name of the officer or organization making the payments and the number of eligible 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 Extension "4-H" Groups 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. 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. 91-934, eff. 6-1-01.)

(30 ILCS 120/16) (from Ch. 85, par. 666)

Sec. 16. Agricultural education. Vocational Agricultural Education Section Fairs, which shall not be located in more than 25 sections, shall be organized and conducted under the supervision of the Department State Board of Education. The Department State Board of Education shall designate the sections of the State for Agricultural Education Vocational Agricultural Fairs. These fairs shall participate in an appropriation appropriations at a rate designated by the Bureau that is in compliance with the current year's appropriation of not less than $10,250 for each section holding an Agricultural Education a Vocational Agricultural Section Fair or Fairs during the current year.

The rate per section shall be specified for each year in the Act making the appropriation for this purpose. Such monies are to be paid as premiums awarded to agricultural education vocational agricultural students exhibiting livestock or agricultural products at the fair or fairs in the section in which the student resides. No premium shall be duplicated for any particular exhibition of livestock or agricultural products in the fair or fairs held in any one section.

The State Board of Education shall certify to the Department, under oath, at least 10 days prior to the holding of any sections fair, a list of all premiums to be offered at that fair. Within 30 days after the close of the fair, a section fair manager as designated by the Department the Supervisor shall certify to the Department, under oath, on blank forms furnished by the Department, a detailed report of premium awards financial statement showing all premiums awarded to agricultural education vocational agricultural students at that fair. Warrants shall be issued by the State Comptroller payable to the agricultural education teacher or teachers persons entitled to them on vouchers certified by the Department.

If after all approved claims are paid there remains any amount of the appropriation, the remaining portion shall be distributed equally among the participating agricultural education vocational agricultural section fairs to be expended for the purposes set forth in this Section. A fiscal accounting of the expenditure of funds distributed under this paragraph shall be filed with the Department by each participating fair not later than one year after the date of its receipt of such funds.

(Source: P.A. 81-159.)

(30 ILCS 120/17) (from Ch. 85, par. 667)

Sec. 17. Fair and expositions. 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, 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 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. 91-934, eff. 6-1-01.)

(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 and to any Fair and Exposition Authority that participated in the appropriation in 1999. 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. 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 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, or must be owned by the fair association participating in this disbursement, by an agricultural society, or by a fair and exposition authority.

(Source: P.A. 91-934, eff. 6-1-01.)

(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, educational, trade and scientific exhibits; 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 if the participant holds the land on which the fair or exposition is conducted as a fee or is 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 is owned by the fair association participating in this disbursement, by an agricultural society, or by a fair and exposition authority, except as otherwise allowed by the Director.

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. 91-934, eff. 6-1-01.)".