Public Act 093-1055
 
SB3197 Enrolled LRB093 21134 RCE 47189 b

    AN ACT concerning State Fairs.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Fair Act is amended by changing
Sections 6, 8, 11.1, 12, and 13 as follows:
 
    (20 ILCS 210/6)  (from Ch. 127, par. 1706)
    Sec. 6. Policies, procedures, and powers concerning the
operation of fairs.
    (a) Policies. The Department shall, pursuant to the
Illinois Administrative Procedure Act, establish by rule:
        (1) establish the policy for the operation of the
    Illinois State Fair and the DuQuoin State Fair, except
    those operations regarding contests as provided for in
    subparagraphs (b) and (c) of this Section, and shall set
        (2) the policies and procedures for the sale, barter,
    or exchange of tickets and for ticket refunds for cancelled
    events.
    (b) Contests. The Department shall establish and make
available, for all contestants and other interested persons,
sufficient copies of a premium book or other publication that
establishes the kinds and classes of events or exhibits for
contests at the fairs, the conditions under which contestants
shall be entered into contests, the qualification and
disqualification requirements of contests, the drug testing
requirements for contests (if applicable), the premiums to be
offered to contest winners, the manner in which certificates of
award shall be distributed and premiums paid to contest
winners, the penalty for violations of a rule, condition,
instruction, or directive, and requirements of contests,
including but not limited to the return of all premiums paid,
the forfeiture of awards, and the prohibition of participating
in future contests, and all other rules and requirements for
contests. These rules, conditions, instructions, directives,
and requirements shall be exempt from the rulemaking procedures
of the Illinois Administrative Procedure Act. All such
publications issued by the Department that relate to a contest,
event, or exhibit shall be maintained as a public record at the
Department's principal office in Springfield, Illinois, and
made available for public inspection and copying during regular
business hours.
    (c) Fees. The Department shall establish and publish for
the Illinois State Fair and the DuQuoin State Fair a schedule
of admission fees, entry fees, concession fees, space rentals
and other fees for activities offered or provided at each State
Fair. These schedules of fees shall be maintained as a public
record at the Department's principal office in Springfield,
Illinois, and made available for public inspection and copying
during regular business, but shall be exempt from the
rulemaking procedures of the Illinois Administrative Procedure
Act.
    (d) Facilities. The Department shall also establish and
publish the classes of exhibits, the conditions under which
they shall be received, stalled and cared for, the premiums to
be offered, and the manner in which certificates of award shall
be prepared and premiums paid. The Department may negotiate and
enter into contracts for activities and use of facilities for
which there is not an established or published schedule. The
contract criteria shall be established by rule, pursuant to the
Illinois Administrative Procedure Act. The Department may
lease any of its facilities for activities during the State
Fair.
    (e) Advertising. The Illinois State Fair in Springfield and
the DuQuoin State Fair shall have the power and authority to
sell or exchange advertising rights in all of its publications
and printed materials. The sale of advertising shall be subject
to the rules promulgated by the Department, pursuant to the
Illinois Administrative Procedure Act. All income derived from
the sale of advertising at the Illinois State Fair in
Springfield shall be deposited into the State Fair Fund. All
income derived from the sale of advertising at the DuQuoin
State Fair shall be deposited into the Agricultural Premium
Fund.
    (f) Veterans. On the day set aside as Veterans Day,
honorably discharged veterans and members of their families
shall be admitted without admission charge upon presentation of
identification of any of the following: honorable discharge
certificate, or photostatic copy thereof, or a paid up
membership card in any recognized veterans organization.
    (g) Government functions. The Governor, Lieutenant
Governor, Attorney General, Secretary of State, Treasurer,
Comptroller, President and Minority Leader of the Senate, and
Minority Leader of the House of Representatives shall be
afforded space for official governmental functions, without
charge, during the State Fair and the DuQuoin State Fair.
(Source: P.A. 88-5; 88-571, 89-96, eff. 7-7-95.)
 
    (20 ILCS 210/8)  (from Ch. 127, par. 1708)
    Sec. 8. There is created a Board of State Fair Advisors
consisting of the Director, 4 ex-officio members as hereafter
named, and up to 20 15 persons appointed by the Governor. The
Chairman and minority spokesman of the House Agriculture
Committee and the Chairman and minority spokesman of the Senate
Agriculture, Conservation and Energy Committee of the Illinois
General Assembly shall serve as ex-officio members. No more
than 3 of the Board members shall be appointed from any one
county. Members of the State Fair Advisory Board shall serve
for 2 year terms commencing on the third Monday of January of
each odd-numbered year. The Governor shall in making
appointments to the Board provide for a representation of the
interests of the State Fair and the State of Illinois. Members
of the Board shall receive no compensation, but shall be
reimbursed for necessary expenses incurred in the performance
of their duties. An appointed member's office becomes vacant
upon his absence from 2 consecutive regularly scheduled
meetings. The Director or his authorized representative from
the Department shall act as chairman of the Board. The duties
of the Board are to advise the Director and the Department on
matters concerning the operation of each State Fair and State
Fairgrounds as they pertain to varied interests in the State
Fairs and the people of the State of Illinois.
(Source: P.A. 84-1468.)
 
    (20 ILCS 210/11.1)  (from Ch. 127, par. 1711.1)
    Sec. 11.1. The Department shall establish and promote
contests and exhibitions of various classes of livestock to be
known as the "Land of Lincoln Breeders Awards for Purebred or
Registered Livestock" and to be conducted at the State Fair at
Springfield. Only animals bred, born and maintained in Illinois
and owned and exhibited by Illinois residents shall be eligible
to participate in such contests and exhibitions; however, such
animals shall be permitted out of this State for a reasonable
period of time for showings, exhibitions, breeding or
reproductive purposes, or medical treatment.
    An annual appropriation from the Agricultural Premium Fund
shall be made for the "Land of Lincoln Breeders Awards for
Purebred or Registered Livestock". The percentage of the
appropriation for each class or show of livestock shall be set
by the Department in premium books rules and regulations. These
premium books shall be maintained as a public record at the
Department's principal office in Springfield, Illinois, and
made available for public inspection and copying during regular
business hours, but shall be exempt from the rulemaking
procedures of the Illinois Administrative Procedure Act.
(Source: P.A. 84-1468.)
 
    (20 ILCS 210/12)  (from Ch. 127, par. 1712)
    Sec. 12. The Department shall have the power to promulgate
rules and regulations, pursuant to the Illinois Administrative
Procedure Act, governing the holding of each State Fair, the
operation of the State Fairgrounds, the conditions under which
racing shall be permitted on the State Fairgrounds, the policy
for policing the grounds and such other reasonable rules and
regulations as are necessary to carry out the intent of the
Act. However, the Department shall not be required to
promulgate rules and regulations pursuant to the Illinois
Administrative Procedure Act concerning those operations
stated in subsections (b) and (c) of Section 6 of this Act.
Instead, the requirements set forth in subsections (b) and (c)
of Section 6 must be followed.
(Source: P.A. 84-1468.)
 
    (20 ILCS 210/13)  (from Ch. 127, par. 1713)
    Sec. 13. Vendors, concessionaires, exhibitors and persons
renting space or using facilities at the State Fairgrounds who
violate this Act, or any provision of any rule of the
Department issued under this Act, may be prohibited from
utilizing the State Fairgrounds or participating in activities
conducted upon the State Fairgrounds.
(Source: P.A. 89-96, eff. 7-7-95.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 11/23/2004