Full Text of HB1015 93rd General Assembly
HB1015sam001 93RD GENERAL ASSEMBLY
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Sen. Lawrence M. Walsh
Filed: 5/29/2004
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09300HB1015sam001 |
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LRB093 05697 RAS 51887 a |
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| AMENDMENT TO HOUSE BILL 1015
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| AMENDMENT NO. ______. Amend House Bill 1015 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The State Fair Act is amended by changing | 5 |
| Sections 6, 8, 11.1, 12, 13, 13.5, and 13.15 as follows:
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| (20 ILCS 210/6) (from Ch. 127, par. 1706)
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| Sec. 6. Policies, procedures, and powers concerning the | 8 |
| operation of fairs.
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| (a) Policies. The Department shall , pursuant to the | 10 |
| Illinois Administrative Procedure Act, establish by rule : | 11 |
| (1)
establish the policy for the operation
of the | 12 |
| Illinois State Fair and the DuQuoin State Fair , except | 13 |
| those operations regarding contests as provided for in | 14 |
| subparagraphs (b) and (c) of this Section, and shall set | 15 |
| (2) the
policies and procedures for the sale, barter, | 16 |
| or exchange of tickets and
for ticket refunds for cancelled | 17 |
| events.
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| (b) Contests. The Department shall establish and make | 19 |
| available a premium book or other publication that establishes | 20 |
| the kinds and classes of events or exhibits for contests at the | 21 |
| fairs, the conditions under which contestants shall be entered | 22 |
| into contests, the qualification and disqualification | 23 |
| requirements of contests, the drug testing requirements for | 24 |
| contests (if applicable), the premiums to be offered to contest |
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| winners, the manner in which certificates of award shall be | 2 |
| distributed and premiums paid to contest winners, the penalty | 3 |
| for violations of a rule, condition, instruction, or directive, | 4 |
| and requirements of contests, including but not limited to the | 5 |
| return of all premiums paid, the forfeiture of awards, and the | 6 |
| prohibition of participating in future contests, and all other | 7 |
| rules and requirements for contests. These rules, conditions, | 8 |
| instructions, directives, and requirements shall be exempt | 9 |
| from the rulemaking procedures of the Illinois Administrative | 10 |
| Procedure Act. All such publications issued by the Department | 11 |
| that relate to a contest, event, or exhibit shall be maintained | 12 |
| as a public record at the Department's principal office in | 13 |
| Springfield, Illinois, and made available for public | 14 |
| inspection and copying during regular business hours.
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| (c) Fees. The Department shall establish and publish for | 16 |
| the Illinois State Fair and
the DuQuoin State Fair a schedule | 17 |
| of admission fees, entry fees, concession
fees, space rentals | 18 |
| and other fees for activities offered or provided at each
State | 19 |
| Fair. These schedules of fees shall be maintained as a public | 20 |
| record at the Department's principal office in Springfield, | 21 |
| Illinois, and made available for public inspection and copying | 22 |
| during regular business, but shall be exempt from the | 23 |
| rulemaking procedures of the Illinois Administrative Procedure | 24 |
| Act. | 25 |
| (d) Facilities.
The Department shall also establish and | 26 |
| publish the classes of
exhibits, the conditions under which | 27 |
| they shall be received, stalled and cared
for, the premiums to | 28 |
| be offered, and the manner in which certificates of award
shall | 29 |
| be prepared and premiums paid. The Department may negotiate and | 30 |
| enter
into contracts for activities and use of facilities for | 31 |
| which there is not an
established or published schedule. The | 32 |
| contract criteria shall be established
by rule , pursuant to the | 33 |
| Illinois Administrative Procedure Act . The Department may | 34 |
| lease any of its facilities for activities during
the State |
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| Fair.
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| (e) Advertising. The Illinois State Fair in Springfield and | 3 |
| the DuQuoin State Fair shall
have the power and authority to | 4 |
| sell or exchange advertising rights in all of
its publications | 5 |
| and printed materials. The sale of advertising shall be
subject | 6 |
| to the rules promulgated by the Department , pursuant to the | 7 |
| Illinois Administrative Procedure Act . All income derived from
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| the sale of advertising at the Illinois State Fair in | 9 |
| Springfield shall be
deposited into the State Fair Fund. All | 10 |
| income derived from the sale of
advertising at the DuQuoin | 11 |
| State Fair shall be deposited into the Agricultural
Premium | 12 |
| Fund.
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| (f) Veterans. On the day set aside as Veterans Day, | 14 |
| honorably discharged veterans and
members of their families | 15 |
| shall be admitted without admission charge upon
presentation of | 16 |
| identification of any of the following: honorable discharge
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| certificate, or photostatic copy thereof, or a paid up | 18 |
| membership card in
any recognized veterans organization.
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| (g) Government functions. The Governor, Lieutenant | 20 |
| Governor, Attorney General, Secretary of
State, Treasurer, | 21 |
| Comptroller, President and Minority Leader of the Senate,
and | 22 |
| Minority Leader of the House of Representatives shall be | 23 |
| afforded space for
official governmental functions, without | 24 |
| charge, during the State Fair and the
DuQuoin State Fair.
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| (Source: P.A. 88-5; 88-571, 89-96, eff. 7-7-95.)
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| (20 ILCS 210/8) (from Ch. 127, par. 1708)
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| Sec. 8. There is created a Board of State Fair Advisors | 28 |
| consisting of
the Director, 4 ex-officio members as hereafter | 29 |
| named, and up to 20
15 persons
appointed by the Governor. The | 30 |
| Chairman and minority
spokesman of the House Agriculture | 31 |
| Committee and the Chairman and minority
spokesman of the Senate | 32 |
| Agriculture, Conservation and Energy Committee of
the Illinois | 33 |
| General Assembly shall serve as ex-officio members. No more
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| than 3 of the Board members shall be appointed from any one | 2 |
| county. Members
of the State Fair Advisory Board shall serve | 3 |
| for 2 year terms commencing on
the third Monday of January of | 4 |
| each odd-numbered year. The Governor shall in
making | 5 |
| appointments to the Board provide for a representation of the | 6 |
| interests
of the State Fair and the State of Illinois. Members | 7 |
| of the Board shall
receive no compensation, but shall be | 8 |
| reimbursed for necessary expenses
incurred in the performance | 9 |
| of their duties. An appointed member's office
becomes vacant | 10 |
| upon his absence from 2 consecutive regularly
scheduled | 11 |
| meetings. The Director or his authorized representative from | 12 |
| the
Department shall act as chairman of the Board. The duties | 13 |
| of the Board
are to advise the Director and the Department on | 14 |
| matters concerning the
operation of each State Fair and State | 15 |
| Fairgrounds as they pertain to varied
interests in the State | 16 |
| Fairs and the people of the State of Illinois.
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| (Source: P.A. 84-1468.)
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| (20 ILCS 210/11.1) (from Ch. 127, par. 1711.1)
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| Sec. 11.1. The Department shall establish and promote | 20 |
| contests and
exhibitions of various classes of livestock to be | 21 |
| known as the "Land of
Lincoln Breeders Awards for Purebred or | 22 |
| Registered Livestock" and to be
conducted at the State Fair at | 23 |
| Springfield. Only animals bred, born and
maintained in Illinois | 24 |
| and owned and exhibited by Illinois residents shall
be eligible | 25 |
| to participate in such contests and exhibitions; however, such
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| animals shall be permitted out of this State for a reasonable | 27 |
| period of
time for showings, exhibitions, breeding or | 28 |
| reproductive purposes, or medical treatment.
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| An annual appropriation from the Agricultural Premium Fund | 30 |
| shall be made
for the "Land of Lincoln Breeders Awards for | 31 |
| Purebred or Registered
Livestock". The percentage of the | 32 |
| appropriation for each class or show of
livestock shall be set | 33 |
| by the Department in premium books
rules and regulations . These |
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| premium books shall be maintained as a public record at the | 2 |
| Department's principal office in Springfield, Illinois, and | 3 |
| made available for public inspection and copying during regular | 4 |
| business hours, but shall be exempt from the rulemaking | 5 |
| procedures of the Illinois Administrative Procedure Act.
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| (Source: P.A. 84-1468.)
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| (20 ILCS 210/12) (from Ch. 127, par. 1712)
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| Sec. 12. The Department shall have the power to promulgate | 9 |
| rules and
regulations , pursuant to the Illinois Administrative | 10 |
| Procedure Act, governing the holding of each State Fair, the | 11 |
| operation of the
State Fairgrounds, the conditions under which | 12 |
| racing shall be permitted on
the State Fairgrounds, the policy | 13 |
| for policing the grounds and such other
reasonable rules and | 14 |
| regulations as are necessary to carry out the intent of the | 15 |
| Act. However, the Department shall not be required to | 16 |
| promulgate rules and regulations pursuant to the Illinois | 17 |
| Administrative Procedure Act concerning those operations | 18 |
| stated in subsections (b) and (c) of Section 6 of this Act. | 19 |
| Instead, the requirements set forth in subsections (b) and (c) | 20 |
| of Section 6 must be followed.
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| (Source: P.A. 84-1468.)
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| (20 ILCS 210/13) (from Ch. 127, par. 1713)
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| Sec. 13. Vendors, concessionaires, exhibitors and persons | 24 |
| renting space
or using facilities at the State Fairgrounds who | 25 |
| violate this Act, or any
provision of any rule of the | 26 |
| Department issued under this Act, may be
prohibited from | 27 |
| utilizing the State Fairgrounds or participating in activities
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| conducted upon the State Fairgrounds.
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| (Source: P.A. 89-96, eff. 7-7-95.)
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| (20 ILCS 210/13.5)
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| Sec. 13.5. Hearings. The Illinois Administrative Procedure |
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| Act, the
Illinois
Department of Agriculture rules adopted under | 2 |
| the Illinois Administrative
Procedure Act, and the rules and | 3 |
| regulations adopted under this Act apply to
hearings under this | 4 |
| Act for violations of this Act, except that Article X of the | 5 |
| Illinois Administrative Procedure Act does not apply for | 6 |
| contest disqualifications or other violations of the contest | 7 |
| rules, conditions, instructions, directives, and requirements .
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| (Source: P.A. 89-96, eff. 7-7-96.)
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| (20 ILCS 210/13.15)
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| Sec. 13.15. Judicial review. All final administrative | 11 |
| decisions of the
Department are subject to judicial review . | 12 |
| Final administrative decisions after a hearing are subject to | 13 |
| judicial review under Article III of the Code of
Civil | 14 |
| Procedure and its rules. The term "administrative decision" is | 15 |
| defined
as in Section 3-101 of the Code of Civil Procedure. | 16 |
| Proceedings for judicial
review shall be commenced in the | 17 |
| circuit court of any county permitted by
Section 3-104 of the | 18 |
| Code of Civil Procedure. Article III of the Code of Civil | 19 |
| Procedure and its rules do not apply to final administrative | 20 |
| decisions when there has not been a hearing.
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| (Source: P.A. 89-96, eff. 7-7-96.)
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| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.".
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