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Public Act 094-0261
Public Act 0261 94TH GENERAL ASSEMBLY
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Public Act 094-0261 |
HB2407 Enrolled |
LRB094 03797 JAM 33808 b |
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| AN ACT concerning finance.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| 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.)
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Effective Date: 1/1/2006
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