Full Text of HB2407 94th General Assembly
HB2407 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2407
Introduced 2/17/2005, by Rep. Dan Reitz SYNOPSIS AS INTRODUCED: |
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30 ILCS 120/9 |
from Ch. 85, par. 659 |
30 ILCS 120/12 |
from Ch. 85, par. 662 |
30 ILCS 120/13 |
from Ch. 85, par. 663 |
30 ILCS 120/14 |
from Ch. 85, par. 664 |
30 ILCS 120/16 |
from Ch. 85, par. 666 |
30 ILCS 120/17 |
from Ch. 85, par. 667 |
30 ILCS 120/18 |
from Ch. 85, par. 668 |
30 ILCS 120/20 |
from Ch. 85, par. 670 |
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Amends the Agricultural Fair Act. Removes the requirement that a county fair must notify the Department of Agriculture before making insurance and rehabilitation expenditures for which the fair intends to seek reimbursement from the Department. Increases the ceiling on the use of those reimbursements for liability and casualty insurance. Changes the procedures for disbursements to 4-H groups. Places agricultural education section fairs under the supervision of the Illinois Association of Vocational Agricultural Teachers. Makes other changes.
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A BILL FOR
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HB2407 |
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LRB094 03797 JAM 33808 b |
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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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LRB094 03797 JAM 33808 b |
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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
within | 2 |
| 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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HB2407 |
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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 Illinois Association of Vocational | 14 |
| Agricultural Teachers (IAVAT)
State Board of Education . The | 15 |
| IAVAT
State Board of Education
shall designate the sections of | 16 |
| the State for Agricultural Education
Vocational
Agricultural
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| Fairs. These fairs shall participate in an appropriation
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| appropriations at a
rate designated by the Bureau that is in | 19 |
| compliance with the current year's appropriation
of not less | 20 |
| than $10,250 for each section holding an Agricultural Education
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| a Vocational
Agricultural Section Fair or Fairs during the | 22 |
| current year.
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| The rate per
section shall be specified for each year in | 24 |
| the Act making the
appropriation for this purpose. Such monies | 25 |
| 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 | 28 |
| which the
student resides. No premium shall be duplicated for | 29 |
| any particular
exhibition of livestock or agricultural | 30 |
| 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 | 33 |
| of any
sections fair, a list of all premiums to be offered at | 34 |
| that fair. Within
30 days after the close of the fair, a | 35 |
| section fair manager as designated by the IAVAT
the Supervisor
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| shall certify to the
Department , under oath , on blank forms | 2 |
| furnished by the Department , a
detailed report of premium | 3 |
| awards
financial statement showing all premiums awarded to | 4 |
| agricultural education
vocational
agricultural students at | 5 |
| that fair. Warrants shall be issued by the
State Comptroller | 6 |
| payable to the agricultural education teacher or teachers
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| persons entitled to them on vouchers
certified by the | 8 |
| Department.
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| If after all approved claims are paid there remains any | 10 |
| amount of the
appropriation, the remaining portion shall be | 11 |
| distributed equally among
the participating agricultural | 12 |
| education
vocational agricultural section fairs to be expended
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| for the purposes set forth in this Section. A fiscal accounting | 14 |
| of the
expenditure of funds distributed under this paragraph | 15 |
| shall be filed
with the Department by each participating fair | 16 |
| not later than one year
after the date of its receipt of such | 17 |
| 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 | 21 |
| participate in appropriations made from
the Agricultural | 22 |
| Premium Fund, except in counties where a Fair and Exposition
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| Authority participated in the appropriation in 1999, may elect | 24 |
| instead in any
odd numbered
year
to participate in the | 25 |
| appropriation from the Fair and Exposition Fund.
The Department | 26 |
| must be notified of such election by January 1 of the
year of | 27 |
| 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 | 29 |
| same calendar
year in appropriations under both this Fund and | 30 |
| the Agricultural Premium Fund.
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| In counties where a Fair and Exposition Authority | 32 |
| participated in 1999, the
Authority shall continue to | 33 |
| participate in the appropriation from the Fair and
Exposition | 34 |
| Fund. The
Fair and Exposition Authority shall consist of 7 | 35 |
| members appointed by the
county board chairman with the advice |
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| 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 | 5 |
| Fund by the
Illinois Racing Board, as provided in Section 28 of | 6 |
| the Illinois Horse
Racing Act of 1975. The General Assembly | 7 |
| shall from time to time make
appropriations payable from such | 8 |
| fund to the Department for distribution to
county fairs and to
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| any
Fair and Exposition Authority that participated in the | 10 |
| appropriation in
1999. Such appropriations shall be
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| distributed by the Department to county fairs which are | 12 |
| eligible to participate
in appropriations made from the | 13 |
| Agricultural Premium Fund but which elect
instead to | 14 |
| participate in appropriations made from the Fair and Exposition | 15 |
| Fund
and to Fair and Exposition Authorities that participated | 16 |
| 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 | 18 |
| either in
appropriations made from the Agricultural Premium | 19 |
| Fund or in appropriations
made from the Fair and Exposition | 20 |
| Fund. All participating county fairs of the
same county shall | 21 |
| participate in the same appropriation. Except as otherwise
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| allowed by the Director, a participant, to be
eligible to | 23 |
| expend moneys appropriated from the
Fair and Exposition Fund | 24 |
| for the purchase of new or additional land
construction or | 25 |
| maintenance of buildings, grounds, facilities, infrastructure,
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| or any improvement to the grounds must hold
the land on which | 27 |
| such fair or exposition is to be conducted as a fee or under
a | 28 |
| lease of at least 20 years, the terms of which require the | 29 |
| lessee to have
continuous possession of the land during every | 30 |
| day of the lease period , or must be owned by either the county | 31 |
| fair board participating in this disbursement or by a State, | 32 |
| city, village, or county government body .
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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 | 2 |
| Fund may be used
for
financing agricultural, educational, trade | 3 |
| and
scientific
exhibits; for premium and award purposes as set | 4 |
| forth in
subsections (a) through (e) of
Section 9; and for | 5 |
| other expenses incurred by the fair that are directly
related | 6 |
| to
the operation of the fair and approved by rule by the | 7 |
| Department if the participant holds the land on which the fair | 8 |
| or exposition is conducted as a fee or is under a lease of at | 9 |
| least 20 years (the terms of which require the lessee to have | 10 |
| continuous possession of the land during every day of the lease | 11 |
| period), or is owned by either the county fair board | 12 |
| participating in this disbursement or by a State, city, | 13 |
| village, or county government body, except as otherwise allowed | 14 |
| by the Director .
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| In addition, county fairs eligible to participate in the | 16 |
| Fair and
Exposition Fund appropriation that hold the land on | 17 |
| which the county fair is
conducted as a fee or under a lease of | 18 |
| at least 20 years, the terms of which
require the lessee to | 19 |
| have continuous possession of the land during every day
of the | 20 |
| lease period, or as otherwise allowed by the Director, may be
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| reimbursed for expenditures for purchase of new or
additional | 22 |
| land, construction or maintenance of buildings, facilities, | 23 |
| 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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