Agriculture & Conservation Committee

Filed: 3/8/2005





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2     AMENDMENT NO. ______. Amend House Bill 2407 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. The Agricultural Fair Act is amended by
5 changing Sections 9, 12, 13, 14, 16, 17, 18, and 20 as follows:
6     (30 ILCS 120/9)  (from Ch. 85, par. 659)
7     Sec. 9. Premiums. The formulas for distributing monies from
8 the Agricultural Premium Fund to eligible county fairs shall be
9 contingent upon the following provisions:
10     (a) Of the total amount of premiums which are to be paid to
11 persons for exhibitions at its annual fair for the current year
12 for exhibits of any events related to agriculture including
13 horticulture, flora culture, poultry, livestock, light horses,
14 harness-racing and running horse races, rodeos, and domestic
15 and mechanical arts, no one department or class shall be paid
16 premiums awarded in excess of 30% of the total premiums awarded
17 by the county fair except those departments or classes limited
18 to junior exhibitors. Harness horse races and running horse
19 races shall be considered as one department.
20     (b) (Blank).
21     (c) A reasonable entry fee for all classes may be charged
22 which will not exceed the maximum limit as established by the
23 Department.
24     (d) No part of any appropriation made for the benefit of



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1 county fairs shall be used in payment for personnel or acts
2 which are solely for the entertainment of persons attending the
3 fair or for acts which have been hired or contracted for by the
4 fair, except events related to agriculture, including tractor
5 pulls, truck pulls, rodeos and other acts which may be exempt
6 in the judgment of the Director.
7     (e) Prizes awarded for light horses, and for harness-racing
8 and running horses shall be payable from such appropriation.
9 (Source: P.A. 91-934, eff. 6-1-01.)
10     (30 ILCS 120/12)  (from Ch. 85, par. 662)
11     Sec. 12. On or before Before October 15 of each year, the
12 president and secretary of each county fair claiming state aid
13 shall have postmarked to or shall file with the Department a
14 fiscal accounting of the expenditure of the grant monies
15 received under Section 10 and a sworn statement of the actual
16 amount of cash premiums paid at the fair that year. The sworn
17 statement shall state the following:
18     a) That all gambling and gambling devices which are
19 declared unlawful by laws of Illinois and the sale of alcoholic
20 liquors other than beer have been prohibited and excluded from
21 the grounds of the fair and from adjacent grounds under the
22 fair's authority, during the fair and at all other times when
23 the fair grounds or adjacent grounds are in the possession of
24 and under the immediate control and supervision of the fair
25 officials.
26     b) That all receipts from any source other than admissions
27 to the grandstand and entry fees for races, not necessary for
28 the payment of labor and advertising, have been prorated among
29 all other claims and expenses or that all other claims and
30 expenses have been paid in full.
31     The statement shall correspond with the published offer of
32 premiums, and shall be accompanied by an itemized list of all
33 premiums paid upon the basis of the premiums provided, a copy



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1 of the published premium list of the fair, and a full statement
2 of receipts and expenditures for the current year that has been
3 duly verified by the president and secretary of the fair.
4     The Department may within the period not to exceed 30 days
5 after a fair has filed its claim pay 75% of the fair's
6 authorized base amount if the claim for premiums filed is equal
7 to or exceeds such fair's authorized base for that year. If the
8 claim filed is less than the fair's authorized base, the
9 Department shall only pay 75% of the amount of the claim filed.
10 Should the amount paid a fair exceed the amount authorized
11 after the final audit of such claim, then the fair shall within
12 30 days after notice by the Department pay to the Department
13 the difference between the amount received and the amount as
14 approved for such fair in the final audit as long as funds are
15 available.
16 (Source: P.A. 81-159.)
17     (30 ILCS 120/13)  (from Ch. 85, par. 663)
18     Sec. 13. Rehabilitation State reimbursement. Except as
19 otherwise allowed by the Director, to qualify for disbursements
20 made by the Department from an appropriation made under the
21 provisions of this Section, the land on which the fair is held
22 must be owned by the county fair board participating in this
23 disbursement or by a State, city, village, or county government
24 body, or be held under a lease that is at least 20 years in
25 duration, the terms of which require the lessee to have
26 continuous possession of the land during every day of the lease
27 period. No county fair shall qualify for disbursements made by
28 the Department from an appropriation made under the provisions
29 of this Section unless it shall have notified the Department in
30 writing of its intent to participate prior to obligating any
31 funds for which reimbursement will be requested. Each county
32 fair shall be reimbursed annually for that part of the amount
33 expended by the fair during the year for liability and casualty



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1 insurance, as provided in this Section, and the rehabilitation
2 of its grounds, including major construction projects and minor
3 maintenance and repair projects; as follows:
4     100% of the first $5,000 or any part thereof;
5     75% of the next $20,000 or any part thereof;
6     50% of the next $20,000 or any part thereof.
7     The lesser of either $20,000 $10,000 or 50% of the amount
8 received by a county fair pursuant to this Section may be
9 expended for liability and casualty insurance.
10     If a county fair expends more than is needed in any year
11 for approved projects to maximize State reimbursement under
12 this Section and provides itemized receipts and other evidence
13 of expenditures for that year, any excess may be carried over
14 to the succeeding year. The amount carried over shall
15 constitute a claim for reimbursement for a subsequent period
16 not to exceed 7 years as long as funds are available.
17     Before June 30 of each year, the president and secretary of
18 each county fair which has participated in this program shall
19 file with the Department a sworn statement of the amount
20 expended during the period July 1 to June 30 of the State's
21 fiscal year, accompanied by itemized receipted bills and other
22 evidence of expenditures. If the Department approves the claim,
23 the State Comptroller is authorized and directed to draw a
24 warrant payable from the Agricultural Premium Fund on the State
25 Treasurer for the amount of the rehabilitation claims.
26     If after all claims are paid, there remains any amount of
27 the appropriation for rehabilitation, the remaining amount
28 shall be distributed as a grant to the participating fairs
29 qualifying for the maximum reimbursement and shall be
30 distributed to the eligible fairs on an equal basis not to
31 exceed each eligible fair's pro rata share granted in this
32 paragraph. A sworn statement of the amount expended accompanied
33 by the itemized receipted bills as evidence of expenditure must
34 be filed with the Department by June 30 of each year.



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1 (Source: P.A. 90-329, eff. 8-8-97; 91-934, eff. 6-1-01.)
2     (30 ILCS 120/14)  (from Ch. 85, par. 664)
3     Sec. 14. 4-H. University of Illinois extension units that
4 conduct Extension 4-H groups supervised by the University of
5 Illinois Extension and conducting at least one show or
6 exhibition of the eligible members' project work approved by
7 the State 4-H Office of the members and that pay premium moneys
8 paying promptly in cash or an award of comparable monetary
9 value , including $800 maximum in judges' fees, shall be
10 eligible to participate in an appropriation made for this
11 purpose by the General Assembly. As directed by the University,
12 each county's extension leader shall report to the State 4-H
13 Office the eligible number of members participating in the 4-H
14 year. The University shall then file with the Bureau of County
15 Fairs and Horse Racing an Accountability for Agricultural
16 Premiums report certifying the number of eligible 4-H members.
17 All appropriated moneys are to be fully expended as specified
18 (see Part 260 Fairs Operating Under the Agricultural Fair Act
19 Sec. 260.305). If moneys are not fully expended, they shall be
20 returned to the Illinois Department of Agriculture, Bureau of
21 County Fairs and Horse Racing. The provisions of this Section
22 shall not apply to more than one show or exhibition per
23 calendar year of any one class or type of project work. Based
24 on each year's specified appropriation and as determined by the
25 Department, the county or extension unit The clubs shall
26 participate in the appropriation at a rate predetermined by the
27 Bureau of not less than $10.50 per eligible member enrolled for
28 the year as recorded in the State "4-H" Office. The rate per
29 member shall be specified for each year in the Act making the
30 appropriation for this purpose. In addition, $400 per county is
31 allotted for judges' fees.
32     The extension leader Extension Leader of each county County
33 or unit Unit shall certify to the State "4-H" Officer under



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1 oath, on a form furnished by the Department, the amount paid
2 out in premiums, judges' fees, and ribbons at the show or
3 exhibition for the current year, and the name of the officer or
4 organization making the payments and the number of eligible
5 members enrolled for the current year. This certification shall
6 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 the
13 payments of the premiums is insufficient to pay in full the
14 amount which the Extension "4-H" Groups are entitled, the sum
15 shall be prorated among all those entitled to it.
16     If after all approved claims are paid and there remains any
17 amount of the appropriation, the remaining portion shall be
18 distributed as a grant to the participating Cooperative
19 Extension "4-H" Groups. These monies shall be granted on a
20 prorated basis of membership. A fiscal accounting of the
21 expenditures of the grant monies shall be filed with the
22 Department no later than December 31 of the year in which the
23 club receives such grant monies.
24 (Source: P.A. 91-934, eff. 6-1-01.)
25     (30 ILCS 120/16)  (from Ch. 85, par. 666)
26     Sec. 16. Agricultural education. Vocational Agricultural
27 Education Section Fairs, which shall not be located in more
28 than 25 sections, shall be organized and conducted under the
29 supervision of the Department State Board of Education. The
30 Department State Board of Education shall designate the
31 sections of the State for Agricultural Education Vocational
32 Agricultural Fairs. These fairs shall participate in an
33 appropriation appropriations at a rate designated by the Bureau



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1 that is in compliance with the current year's appropriation of
2 not less than $10,250 for each section holding an Agricultural
3 Education a Vocational Agricultural Section Fair or Fairs
4 during the current year.
5     The rate per section shall be specified for each year in
6 the Act making the appropriation for this purpose. Such monies
7 are to be paid as premiums awarded to agricultural education
8 vocational agricultural students exhibiting livestock or
9 agricultural products at the fair or fairs in the section in
10 which the student resides. No premium shall be duplicated for
11 any particular exhibition of livestock or agricultural
12 products in the fair or fairs held in any one section.
13     The State Board of Education shall certify to the
14 Department, under oath, at least 10 days prior to the holding
15 of any sections fair, a list of all premiums to be offered at
16 that fair. Within 30 days after the close of the fair, a
17 section fair manager as designated by the Department the
18 Supervisor shall certify to the Department, under oath, on
19 blank forms furnished by the Department, a detailed report of
20 premium awards financial statement showing all premiums
21 awarded to agricultural education vocational agricultural
22 students at that fair. Warrants shall be issued by the State
23 Comptroller payable to the agricultural education teacher or
24 teachers persons entitled to them on vouchers certified by the
25 Department.
26     If after all approved claims are paid there remains any
27 amount of the appropriation, the remaining portion shall be
28 distributed equally among the participating agricultural
29 education vocational agricultural section fairs to be expended
30 for the purposes set forth in this Section. A fiscal accounting
31 of the expenditure of funds distributed under this paragraph
32 shall be filed with the Department by each participating fair
33 not later than one year after the date of its receipt of such
34 funds.



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1 (Source: P.A. 81-159.)
2     (30 ILCS 120/17)  (from Ch. 85, par. 667)
3     Sec. 17. Fair and expositions. Any county fair eligible to
4 participate in appropriations made from the Agricultural
5 Premium Fund, except in counties where a Fair and Exposition
6 Authority participated in the appropriation in 1999, may elect
7 instead in any odd numbered year to participate in the
8 appropriation from the Fair and Exposition Fund. The Department
9 must be notified of such election by January 1 of the year of
10 participation in that fund. Any such election shall be binding
11 for 4 calendar years. No county fair shall participate for the
12 same calendar year in appropriations under both this Fund and
13 the Agricultural Premium Fund.
14     In counties where a Fair and Exposition Authority
15 participated in 1999, the Authority shall continue to
16 participate in the appropriation from the Fair and Exposition
17 Fund. The Fair and Exposition Authority shall consist of 7
18 members appointed by the county board chairman with the advice
19 and consent of the county board.
20 (Source: P.A. 91-934, eff. 6-1-01.)
21     (30 ILCS 120/18)  (from Ch. 85, par. 668)
22     Sec. 18. Money shall be paid into the Fair and Exposition
23 Fund by the Illinois Racing Board, as provided in Section 28 of
24 the Illinois Horse Racing Act of 1975. The General Assembly
25 shall from time to time make appropriations payable from such
26 fund to the Department for distribution to county fairs and to
27 any Fair and Exposition Authority that participated in the
28 appropriation in 1999. Such appropriations shall be
29 distributed by the Department to county fairs which are
30 eligible to participate in appropriations made from the
31 Agricultural Premium Fund but which elect instead to
32 participate in appropriations made from the Fair and Exposition



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1 Fund and to Fair and Exposition Authorities that participated
2 in the appropriation in 1999. If a county has more than one
3 county fair, such fairs shall jointly elect to participate
4 either in appropriations made from the Agricultural Premium
5 Fund or in appropriations made from the Fair and Exposition
6 Fund. All participating county fairs of the same county shall
7 participate in the same appropriation. Except as otherwise
8 allowed by the Director, a participant, to be eligible to
9 expend moneys appropriated from the Fair and Exposition Fund
10 for the purchase of new or additional land construction or
11 maintenance of buildings, grounds, facilities, infrastructure,
12 or any improvement to the grounds must hold the land on which
13 such fair or exposition is to be conducted as a fee or under a
14 lease of at least 20 years, the terms of which require the
15 lessee to have continuous possession of the land during every
16 day of the lease period, or must be owned by the fair
17 association participating in this disbursement, by an
18 agricultural society, or by a fair and exposition authority.
19 (Source: P.A. 91-934, eff. 6-1-01.)
20     (30 ILCS 120/20)  (from Ch. 85, par. 670)
21     Sec. 20. Appropriations made from the Fair and Exposition
22 Fund may be used for financing agricultural, educational, trade
23 and scientific exhibits; for premium and award purposes as set
24 forth in subsections (a) through (e) of Section 9; and for
25 other expenses incurred by the fair that are directly related
26 to the operation of the fair and approved by rule by the
27 Department if the participant holds the land on which the fair
28 or exposition is conducted as a fee or is under a lease of at
29 least 20 years (the terms of which require the lessee to have
30 continuous possession of the land during every day of the lease
31 period), or is owned by the fair association participating in
32 this disbursement, by an agricultural society, or by a fair and
33 exposition authority, except as otherwise allowed by the



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1 Director.
2     In addition, county fairs eligible to participate in the
3 Fair and Exposition Fund appropriation that hold the land on
4 which the county fair is conducted as a fee or under a lease of
5 at least 20 years, the terms of which require the lessee to
6 have continuous possession of the land during every day of the
7 lease period, or as otherwise allowed by the Director, may be
8 reimbursed for expenditures for purchase of new or additional
9 land, construction or maintenance of buildings, facilities,
10 grounds, or infrastructure, or improvements to the grounds.
11 (Source: P.A. 91-934, eff. 6-1-01.)".