Illinois General Assembly - Full Text of Public Act 094-0261
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Public Act 094-0261


 

Public Act 0261 94TH GENERAL ASSEMBLY

 


 
Public Act 094-0261
 
HB2407 Enrolled LRB094 03797 JAM 33808 b

    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.)

Effective Date: 1/1/2006