Full Text of HB2407 94th General Assembly
HB2407enr 94TH GENERAL ASSEMBLY
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HB2407 Enrolled |
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| AN ACT concerning finance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Agricultural Fair Act is amended by changing | 5 |
| Sections 9, 12, 13, 14, 16, 17, 18, and 20 as follows:
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| (30 ILCS 120/9) (from Ch. 85, par. 659)
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| 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:
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| (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
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| horticulture, flora culture, poultry, livestock, light horses,
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| 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.
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| (b) (Blank).
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| (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.
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| (d) No part of any appropriation made for the benefit of | 25 |
| county fairs
shall be used in payment for personnel or acts | 26 |
| which
are solely for the entertainment of persons attending the | 27 |
| fair or for
acts which have been hired or contracted for by the | 28 |
| fair, except events
related to agriculture, including tractor | 29 |
| pulls, truck pulls, rodeos and
other acts which may be exempt | 30 |
| in the judgment of the Director.
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| (e) Prizes awarded for light horses, and for harness-racing | 32 |
| and running
horses shall be payable from such appropriation.
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| (Source: P.A. 91-934, eff. 6-1-01.)
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| (30 ILCS 120/12) (from Ch. 85, par. 662)
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| Sec. 12. On or before
Before October 15 of each year, the | 4 |
| president and
secretary of each county fair claiming state aid | 5 |
| shall have postmarked to or shall file with the
Department a | 6 |
| fiscal accounting of the expenditure of the grant monies | 7 |
| received
under Section 10 and a sworn statement of the actual | 8 |
| amount of cash premiums paid
at the fair that year. The sworn | 9 |
| statement shall state the following:
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| a) That all gambling and gambling devices which are | 11 |
| declared
unlawful by laws of Illinois and the sale of alcoholic | 12 |
| liquors other
than beer have been prohibited and excluded from | 13 |
| the grounds of the fair
and from adjacent grounds under the | 14 |
| fair's authority, during the fair
and at all other times when | 15 |
| the fair grounds or adjacent grounds are in
the possession of | 16 |
| and under the immediate control and supervision of the
fair | 17 |
| officials.
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| b) That all receipts from any source other than admissions | 19 |
| to the
grandstand and entry fees for races, not necessary for | 20 |
| the payment of
labor and advertising, have been prorated among | 21 |
| all other claims and
expenses or that all other claims and | 22 |
| expenses have been paid in full.
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| The statement shall correspond with the published offer of | 24 |
| premiums,
and shall be accompanied by an itemized list of all | 25 |
| premiums paid upon
the basis of the premiums provided, a copy | 26 |
| of the published premium list
of the fair, and a full statement | 27 |
| of receipts and expenditures for the
current year that has been | 28 |
| duly verified by the president and secretary
of the fair.
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| The Department may within the period not to exceed 30 days | 30 |
| after a
fair has filed its claim pay 75% of the fair's | 31 |
| authorized base amount if
the claim for premiums filed is equal | 32 |
| to or exceeds such fair's
authorized base for that year. If the | 33 |
| claim filed is less than the
fair's authorized base, the | 34 |
| Department shall only pay 75% of the amount
of the claim filed. | 35 |
| Should the amount paid a fair exceed the amount
authorized |
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| after the final audit of such claim, then the fair shall
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| 30 days after notice by the Department pay to the Department | 3 |
| the
difference between the amount received and the amount as | 4 |
| approved for such
fair in the final audit as long as funds are | 5 |
| available .
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| (Source: P.A. 81-159.)
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| (30 ILCS 120/13) (from Ch. 85, par. 663)
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| Sec. 13. Rehabilitation
State reimbursement . Except as | 9 |
| otherwise allowed by the
Director, to qualify for disbursements | 10 |
| made by the
Department from an appropriation made under the | 11 |
| provisions of this Section, the
land on which the fair is held | 12 |
| must be owned by the county fair board
participating in this | 13 |
| disbursement or by a State, city, village, or county
government | 14 |
| body, or be held under a lease that is at least 20 years in
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| duration, the terms of which require the lessee to have | 16 |
| continuous possession
of the land during every day of the lease | 17 |
| period. No county fair shall
qualify for
disbursements made by | 18 |
| the
Department from an appropriation made under the provisions | 19 |
| of this Section
unless it shall have notified the Department in | 20 |
| writing of its intent to
participate prior to obligating any | 21 |
| funds for which reimbursement will be
requested. Each county | 22 |
| fair shall be reimbursed annually
for that part of the amount | 23 |
| expended by the fair during the year for
liability
and casualty | 24 |
| insurance, as provided in this Section, and the
rehabilitation | 25 |
| of its grounds, including major construction projects and
minor | 26 |
| maintenance and repair projects; as follows:
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| 100% of the first $5,000 or any part thereof;
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| 75% of the next $20,000 or any part thereof;
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| 50% of the next $20,000 or any part thereof.
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| The lesser of either $20,000
$10,000 or 50% of the amount
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| received by a
county fair pursuant to
this Section may be | 32 |
| expended for liability and casualty
insurance.
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| If a county fair expends more than is needed in any
year | 34 |
| for approved projects to maximize State reimbursement under | 35 |
| this
Section and provides itemized
receipts and other evidence |
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| of expenditures
for that year, any excess may be carried over | 2 |
| to the
succeeding year. The amount carried over shall | 3 |
| constitute a claim for
reimbursement for a subsequent period | 4 |
| not to exceed 7 years as
long as
funds are available.
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| Before June 30 of each year, the president and secretary of | 6 |
| each
county fair which has participated in this program shall | 7 |
| file with
the Department a sworn statement of the amount | 8 |
| expended during the period
July 1 to June 30 of the State's | 9 |
| fiscal year, accompanied by
itemized receipted bills and other | 10 |
| evidence of expenditures. If the
Department
approves the claim, | 11 |
| the State Comptroller is authorized and directed to
draw a | 12 |
| warrant payable from the Agricultural Premium Fund on the State
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| Treasurer for the amount of the rehabilitation
claims.
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| If after all claims are paid, there remains any amount of | 15 |
| the
appropriation for rehabilitation, the remaining amount | 16 |
| shall be
distributed as a grant to the participating fairs | 17 |
| qualifying for the
maximum reimbursement and shall be | 18 |
| distributed to the eligible fairs on
an equal basis
not
to | 19 |
| exceed each eligible fair's pro rata share granted in this
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| paragraph.
A sworn statement of the amount expended accompanied | 21 |
| by the itemized
receipted bills as evidence of expenditure must | 22 |
| be filed with the
Department by June 30 of each year.
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| (Source: P.A. 90-329, eff. 8-8-97; 91-934, eff. 6-1-01.)
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| (30 ILCS 120/14) (from Ch. 85, par. 664)
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| Sec. 14. 4-H. University of Illinois extension units that | 26 |
| conduct
Extension 4-H groups supervised by the University of | 27 |
| Illinois
Extension and conducting at least
one show
or | 28 |
| exhibition of the eligible members' project work approved by | 29 |
| the State 4-H Office
of the members and that pay premium moneys
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| paying promptly
in
cash or an award of comparable monetary | 31 |
| value , including $800 maximum in judges' fees,
shall be | 32 |
| eligible to participate in an
appropriation made for this | 33 |
| purpose by the General Assembly. As directed by the University, | 34 |
| each county's extension leader shall report to the State 4-H | 35 |
| Office the eligible number of members participating in the 4-H |
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| year. The University shall then file with the Bureau of County | 2 |
| Fairs and Horse Racing an Accountability for Agricultural | 3 |
| Premiums report certifying the number of eligible 4-H members. | 4 |
| All appropriated moneys are to be fully expended as specified | 5 |
| (see Part 260 Fairs Operating Under the Agricultural Fair Act | 6 |
| Sec. 260.305). If moneys are not fully expended, they shall be | 7 |
| returned to the Illinois Department of Agriculture, Bureau of | 8 |
| County Fairs and Horse Racing. The
provisions of this Section | 9 |
| shall not apply to more than one show or
exhibition per | 10 |
| calendar year of any one class or type of project work. Based | 11 |
| on each year's specified appropriation and as determined by the | 12 |
| Department, the county or extension unit
The
clubs
shall | 13 |
| participate in the appropriation at a rate predetermined by the | 14 |
| Bureau
of not less than $10.50
per eligible member enrolled for | 15 |
| the year as recorded in the State " 4-H "
Office. The rate per | 16 |
| member shall be specified for each year in the Act
making the | 17 |
| appropriation for this purpose. In addition, $400 per county
is | 18 |
| allotted for judges' fees.
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| The extension leader
Extension Leader of each county
County
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| or unit
Unit shall certify to the State
" 4-H " Officer under | 21 |
| oath , on a form furnished by the
Department , the amount paid | 22 |
| out in premiums , judges' fees, and ribbons at the show or | 23 |
| exhibition for the
current year , and the name of the officer or | 24 |
| organization making the
payments and the number of eligible
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| members enrolled for the current year. This
certification shall | 26 |
| be accompanied by itemized receipts as evidence of
the | 27 |
| certified amounts, and it must be filed with the Department | 28 |
| before
December 31 of each year. Upon receipt of the | 29 |
| certification the
Department shall reimburse the officer or | 30 |
| organization making the
payments in accordance with the | 31 |
| provisions of this Section.
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| If the amount appropriated by the General Assembly for the | 33 |
| payments
of the premiums is insufficient to pay in full the | 34 |
| amount which the Extension "4-H" Groups are entitled, the sum
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| shall be
prorated among all those entitled to it.
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| If after all approved claims are paid and there remains any |
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| amount of
the appropriation, the remaining portion shall be | 2 |
| distributed as a grant
to the participating Cooperative | 3 |
| Extension "4-H" Groups. These
monies
shall be granted on a | 4 |
| prorated basis of membership. A fiscal accounting
of the | 5 |
| expenditures of the grant monies shall be filed with the
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| Department no later than December 31 of the year in which the | 7 |
| club
receives such grant monies.
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| (Source: P.A. 91-934, eff. 6-1-01.)
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| (30 ILCS 120/16) (from Ch. 85, par. 666)
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| Sec. 16. Agricultural education.
Vocational Agricultural | 11 |
| Education Section Fairs, which shall not be located in
more | 12 |
| than 25 sections, shall be organized and conducted under the
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| supervision of the Department
State Board of Education . The | 14 |
| Department
State Board of Education
shall designate the | 15 |
| sections of the State for Agricultural Education
Vocational
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| Agricultural
Fairs. These fairs shall participate in an | 17 |
| appropriation
appropriations at a
rate designated by the Bureau | 18 |
| that is in compliance with the current year's appropriation
of | 19 |
| not less than $10,250 for each section holding an Agricultural | 20 |
| Education
a Vocational
Agricultural Section Fair or Fairs | 21 |
| during the current year.
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| The rate per
section shall be specified for each year in | 23 |
| the Act making the
appropriation for this purpose. Such monies | 24 |
| are to be paid as premiums
awarded to agricultural education
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| vocational agricultural students exhibiting livestock or
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| agricultural products at the fair or fairs in the section in | 27 |
| which the
student resides. No premium shall be duplicated for | 28 |
| any particular
exhibition of livestock or agricultural | 29 |
| products in the fair or fairs
held in any one section.
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| The State Board of Education shall certify to the
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| Department, under oath, at least 10 days prior to the holding | 32 |
| of any
sections fair, a list of all premiums to be offered at | 33 |
| that fair. Within
30 days after the close of the fair, a | 34 |
| section fair manager as designated by the Department
the | 35 |
| Supervisor
shall certify to the
Department , under oath , on |
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| blank forms furnished by the Department , a
detailed report of | 2 |
| premium awards
financial statement showing all premiums | 3 |
| awarded to agricultural education
vocational
agricultural | 4 |
| students at that fair. Warrants shall be issued by the
State | 5 |
| Comptroller payable to the agricultural education teacher or | 6 |
| teachers
persons entitled to them on vouchers
certified by the | 7 |
| Department.
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| If after all approved claims are paid there remains any | 9 |
| amount of the
appropriation, the remaining portion shall be | 10 |
| distributed equally among
the participating agricultural | 11 |
| education
vocational agricultural section fairs to be expended
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| for the purposes set forth in this Section. A fiscal accounting | 13 |
| of the
expenditure of funds distributed under this paragraph | 14 |
| shall be filed
with the Department by each participating fair | 15 |
| not later than one year
after the date of its receipt of such | 16 |
| funds.
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| (Source: P.A. 81-159.)
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| (30 ILCS 120/17) (from Ch. 85, par. 667)
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| Sec. 17. Fair and expositions.
Any county fair eligible to | 20 |
| participate in appropriations made from
the Agricultural | 21 |
| Premium Fund, except in counties where a Fair and Exposition
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| Authority participated in the appropriation in 1999, may elect | 23 |
| instead in any
odd numbered
year
to participate in the | 24 |
| appropriation from the Fair and Exposition Fund.
The Department | 25 |
| must be notified of such election by January 1 of the
year of | 26 |
| participation in that fund. Any such election shall be binding
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| for 4 calendar years. No county fair shall participate for the | 28 |
| same calendar
year in appropriations under both this Fund and | 29 |
| the Agricultural Premium Fund.
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| In counties where a Fair and Exposition Authority | 31 |
| participated in 1999, the
Authority shall continue to | 32 |
| participate in the appropriation from the Fair and
Exposition | 33 |
| Fund. The
Fair and Exposition Authority shall consist of 7 | 34 |
| members appointed by the
county board chairman with the advice | 35 |
| and consent of the county board.
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| (Source: P.A. 91-934, eff. 6-1-01.)
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| (30 ILCS 120/18) (from Ch. 85, par. 668)
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| Sec. 18. Money shall be paid into the Fair and Exposition | 4 |
| Fund by the
Illinois Racing Board, as provided in Section 28 of | 5 |
| the Illinois Horse
Racing Act of 1975. The General Assembly | 6 |
| shall from time to time make
appropriations payable from such | 7 |
| fund to the Department for distribution to
county fairs and to
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| any
Fair and Exposition Authority that participated in the | 9 |
| appropriation in
1999. Such appropriations shall be
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| distributed by the Department to county fairs which are | 11 |
| eligible to participate
in appropriations made from the | 12 |
| Agricultural Premium Fund but which elect
instead to | 13 |
| participate in appropriations made from the Fair and Exposition | 14 |
| Fund
and to Fair and Exposition Authorities that participated | 15 |
| in the appropriation
in 1999. If a county has more than
one
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| county fair, such fairs shall jointly elect to participate | 17 |
| either in
appropriations made from the Agricultural Premium | 18 |
| Fund or in appropriations
made from the Fair and Exposition | 19 |
| Fund. All participating county fairs of the
same county shall | 20 |
| participate in the same appropriation. Except as otherwise
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| allowed by the Director, a participant, to be
eligible to | 22 |
| expend moneys appropriated from the
Fair and Exposition Fund | 23 |
| for the purchase of new or additional land
construction or | 24 |
| maintenance of buildings, grounds, facilities, infrastructure,
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| or any improvement to the grounds must hold
the land on which | 26 |
| such fair or exposition is to be conducted as a fee or under
a | 27 |
| lease of at least 20 years, the terms of which require the | 28 |
| lessee to have
continuous possession of the land during every | 29 |
| day of the lease period , or must be owned by the fair | 30 |
| association participating in this disbursement, by an | 31 |
| agricultural society, or by a fair and exposition authority .
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| (Source: P.A. 91-934, eff. 6-1-01.)
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| (30 ILCS 120/20) (from Ch. 85, par. 670)
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| Sec. 20. Appropriations made from the Fair and Exposition |
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| Fund may be used
for
financing agricultural, educational, trade | 2 |
| and
scientific
exhibits; for premium and award purposes as set | 3 |
| forth in
subsections (a) through (e) of
Section 9; and for | 4 |
| other expenses incurred by the fair that are directly
related | 5 |
| to
the operation of the fair and approved by rule by the | 6 |
| Department if the participant holds the land on which the fair | 7 |
| or exposition is conducted as a fee or is under a lease of at | 8 |
| least 20 years (the terms of which require the lessee to have | 9 |
| continuous possession of the land during every day of the lease | 10 |
| period), or is owned by the fair association participating in | 11 |
| this disbursement, by an agricultural society, or by a fair and | 12 |
| exposition authority, except as otherwise allowed by the | 13 |
| Director .
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| In addition, county fairs eligible to participate in the | 15 |
| Fair and
Exposition Fund appropriation that hold the land on | 16 |
| which the county fair is
conducted as a fee or under a lease of | 17 |
| at least 20 years, the terms of which
require the lessee to | 18 |
| have continuous possession of the land during every day
of the | 19 |
| lease period, or as otherwise allowed by the Director, may be
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| reimbursed for expenditures for purchase of new or
additional | 21 |
| land, construction or maintenance of buildings, facilities, | 22 |
| grounds,
or infrastructure, or improvements to the grounds.
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| (Source: P.A. 91-934, eff. 6-1-01.)
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