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Public Act 91-0934
SB1281 Enrolled LRB9109317JMmbA
AN ACT to amend the Agricultural Fair Act.
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 2, 5, 9, 10, 13, 14, 17, 18, 19, 20, and 22
and adding Section 21.5 as follows:
(30 ILCS 120/2) (from Ch. 85, par. 652)
Sec. 2.
When used in this Act,
"Department" means Department of Agriculture.
"County fair" means a fair sponsored by a fair
association or agricultural society.
"Director" means the Director of the Department of
Agriculture.
"Junior exhibitor" means an exhibitor whose age is within
limits established by Department rule.
(Source: P.A. 77-1208.)
(30 ILCS 120/5) (from Ch. 85, par. 655)
Sec. 5. To No county fair shall qualify for
disbursements made by the Department from an appropriation
made under provisions of this Act, each county fair should
notify unless it shall have notified the Department in
writing of its declaration of intent to participate by
December 31 of the year preceding the year in which such
distribution shall be made. The notification shall state the
following: facts of its organization, location, officers,
dates of exhibitions and approximate amount of premiums to be
offered.
(Source: P.A. 77-1208.)
(30 ILCS 120/9) (from Ch. 85, par. 659)
Sec. 9. 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
agricultural including horticulture, flora culture, poultry,
livestock, light horses, harness-racing and running horse
races, rodeos, and domestic and mechanical arts, no one
department 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). In no case shall stall or pen rentals
exceed the maximum rate per day as set by the Department for
the approved exhibition period of the county fair.
(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. 81-159.)
(30 ILCS 120/10) (from Ch. 85, par. 660)
Sec. 10. (a) Effective with fiscal year 1987, each
county fair's authorized base shall be set at 66 2/3% of the
approved amount of premium paid in either fiscal year 1984 or
1985, whichever year has the largest approved amount. The
authorized base of the Gallatin, Montgomery and Massac county
fairs for fiscal years 1987 and 1988 shall be $15,000 each.
If there is a change in the appropriation, the Director shall
allocate to each fair the same percentages of that
appropriation as it received of the authorized bases for all
fairs.
(b) The Department shall reimburse each eligible county
fair as follows:
100% of the first $2,000 of approved premiums awarded at
each eligible county fair in Division I, Division II or any
combination of the 2 Divisions;
85% of the next $2,000;
75% of the next $3,000;
65% of the next $3,000;
55% of the next $4,000; and
50% of the remaining premiums paid until the total
reimbursement equals up to the authorized base amount for
each fair.
For the purposes of this Section, Division II includes
light horses, harness horse races, running horse races, and
Division I includes tractor pulls, truck pulls, rodeos, and
all other departments and classes.
(c) If, after all approved state aid claims are paid for
the current year pursuant to subsection (b) of this Section,
any amount remains in the appropriations for state aid, that
remaining amount shall be distributed on a grant basis. If
the total amount of excess approved state aid claims over the
authorized base is equal to or less than the remaining amount
appropriated for state aid, then each participating fair
shall receive a grant equivalent to the excess of its
approved claim over its authorized base. If the total amount
of excess approved state aid claims exceeds the remaining
monies appropriated for state aid, the grants shall be
distributed to the participating fairs in proportion to the
total amounts of their respective excess approved claims.
If, after all approved claims are paid, any amount remains,
that amount shall be distributed to all county fairs eligible
under this Section in proportion to their total state aid
claims. Fairs filing approved claims exceeding both their
authorized base and the grant provided for in this subsection
shall participate in the Growth Incentive Program set forth
in Section 10.1.
Grant monies received by a county fair shall be used only
for premiums, awards, judge's fees, and other expenses
incurred by the fair which are directly related to the
operation of the fair and approved by regulation of the
Department. Each fair shall file with the Department a fiscal
accounting of the expenditure of the grant monies received
under this subsection each year at the same time it files its
report under Section 12 in relation to the fair held in the
next succeeding year.
Effective with fiscal year 1989 and each odd numbered
fiscal year thereafter, the authorized base of all
participating county fairs shall be adjusted by applying 66
2/3% to the amount of approved premiums paid in the highest
of the previous 2 fiscal years.
(Source: P.A. 84-130.)
(30 ILCS 120/13) (from Ch. 85, par. 663)
Sec. 13. 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 $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 15 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 15 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 15
of each year.
(Source: P.A. 89-96, eff. 7-7-95; 90-329, eff. 8-8-97.)
(30 ILCS 120/14) (from Ch. 85, par. 664)
Sec. 14. Agricultural Extension 4-H groups clubs
supervised by the Cooperative Extension Service of the
University of Illinois Extension and conducting at least one
show or exhibition of the project work of the members and
paying promptly in cash or an award of comparable monetary
value the premiums awarded shall be eligible to participate
in an appropriation made for this purpose by the General
Assembly. 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. The clubs shall participate in
the appropriation at a rate of not less than $10.50 per
member enrolled for the year as recorded in the State "4-H"
Club 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 County Extension Leader of each County or Unit
Advisor, Agriculture, shall certify to the State "4-H" Club
Officer under oath, on a blank form furnished by the
Department, the amount paid out in premiums at the show or
exhibition shows for the current year, and the name of the
officer or organization making the payments and the number of
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 Agricultural Extension "4-H" Groups
Clubs 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 Clubs. 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. 81-159.)
(30 ILCS 120/17) (from Ch. 85, par. 667)
Sec. 17. 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, of more than
600,000 but less than 1,000,000 inhabitants, 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 with more than 600,000 but less than 1,000,000
inhabitants, there shall be created a Fair and Exposition
Authority for purposes of participating 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. 87-1219.)
(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 in counties having a population of less than
600,000 and to any Fair and Exposition Authority that
participated in the appropriation in 1999 in counties with a
population of more than 600,000 but less than 1,000,000
inhabitants. 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 in
counties having a population of more than 600,000 but less
than 1,000,000 inhabitants. 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 receive appropriations 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. duration, except counties with more than
600,000 but less than 1,000,000 inhabitants where the
participant shall be the Fair and Exposition Authority.
Before receiving a distribution of monies from the fund, the
treasurer or other financial officer of a participant shall
file with the Director a penal bond in an amount equaling the
sums to be distributed, and conditioned upon the lawful
expenditure of the money so distributed. The cost of such
bond may be paid from such money.
(Source: P.A. 87-1219.)
(30 ILCS 120/19) (from Ch. 85, par. 669)
Sec. 19. Each year, beginning in State fiscal year 2001,
each county fair or Fair and Exposition Authority that
received moneys from the Fair and Exposition Fund during
State fiscal year 2000 shall receive from that Fund an amount
equal to that received in State fiscal year 2000. If an
eligible county fair elects to begin participation in an
appropriation from the Fair and Exposition Fund in State
fiscal year 2001 or thereafter, an additional amount shall be
appropriated not to exceed an amount equal to the number
representing the last official census of that county
multiplied by the amount determined by dividing the amount
appropriated for State fiscal year 2000 by the total official
census of those counties that participated in State fiscal
year 2000, except that no county fair shall receive an amount
greater than the largest amount received by a county fair or
Fair and Exposition Authority in 2000. in counties having a
population of more than 600,000 but less than 1,000,000
inhabitants shall receive that proportion of the total amount
appropriated for distribution from the Fair and Exposition
Fund as the population of such county bears to the total
population of all counties having fairs or in counties of
more than 600,000 but less than 1,000,000 inhabitants having
a Fair and Exposition Authority participating in such
appropriation. In the event a county has more than one fair
participating in such appropriation, that county's share
shall be divided equally among them.
(Source: P.A. 87-1219.)
(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,
industrial, cultural, educational, trade and scientific
exhibits; and for constructing, equipping, and maintaining
auditoriums, exposition buildings, and viewing stands, and
for other related expenditures necessary to protect and
utilize such facilities and grounds, including expenditures
for such things as sewers, utilities, paved parking areas,
security fences, retaining walls, and for such other purposes
as may be approved by the Department by regulation, or for
payment of the principal of, and interest upon, revenue bonds
issued for any of such purposes. In any instance where a
participant in this fund is authorized by statute to use such
appropriations for other related and specifically designated
purposes, such use by such participant shall be deemed
authorized by this Section. Neither appropriation made from
the Fair and Exposition Fund nor auditoriums or exposition
buildings constructed or equipped pursuant to this Section
shall be used for any of the purposes designated in Sections
3 through 8 and 10 through 13. A county fair which elects to
receive an appropriation from the Fair and Exposition Fund
may, upon written notification to the Director, allocate up
to 66 2/3% of the money received from the Department 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.
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. 84-130.)
(30 ILCS 120/21.5 new)
Sec. 21.5. No county fair shall qualify for
disbursements made by the Department from an appropriation
made under the provisions of this Act unless it notifies the
Department in writing of its declaration of intent to
participate by December 31 of the year preceding the year in
which such distribution shall be made. The notification
shall state the following: the facts of its organization,
location, officers, dates of exhibitions, approximate amount
of premiums to be offered and the estimated amounts to be
expended, and the purpose for the expenditures. Before the
end of the calendar year following the expenditure, each
participant receiving money shall make an accounting of it to
the Director.
(30 ILCS 120/22) (from Ch. 85, par. 672)
Sec. 22. No appropriation made under the provisions of
this Act shall be used for the payment of the salary of any
officer or employee of any fair.
(Source: P.A. 77-1208.)
(30 ILCS 120/15 rep.)
(30 ILCS 120/21 rep.)
Section 10. The Agricultural Fair Act is amended by
repealing Sections 15 and 21.
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