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91_SB1281enr SB1281 Enrolled LRB9109317JMmbA 1 AN ACT to amend the Agricultural Fair Act. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Agricultural Fair Act is amended by 5 changing Sections 2, 5, 9, 10, 13, 14, 17, 18, 19, 20, and 22 6 and adding Section 21.5 as follows: 7 (30 ILCS 120/2) (from Ch. 85, par. 652) 8 Sec. 2. 9 When used in this Act, 10 "Department" means Department of Agriculture. 11 "County fair" means a fair sponsored by a fair 12 association or agricultural society. 13 "Director" means the Director of the Department of 14 Agriculture. 15 "Junior exhibitor" means an exhibitor whose age is within 16 limits established by Department rule. 17 (Source: P.A. 77-1208.) 18 (30 ILCS 120/5) (from Ch. 85, par. 655) 19 Sec. 5. ToNo county fair shallqualify for 20 disbursements made by the Department from an appropriation 21 made under provisions of this Act, each county fair should 22 notifyunless it shall have notifiedthe Department in 23 writing of its declaration of intent to participate by 24 December 31 of the year preceding the year in which such 25 distribution shall be made. The notification shall state the 26 following: facts of its organization, location, officers, 27 dates of exhibitions and approximate amount of premiums to be 28 offered. 29 (Source: P.A. 77-1208.) SB1281 Enrolled -2- LRB9109317JMmbA 1 (30 ILCS 120/9) (from Ch. 85, par. 659) 2 Sec. 9. The formulas for distributing monies from the 3 Agricultural Premium Fund to eligible county fairs shall be 4 contingent upon the following provisions: 5 (a) Of the total amount of premiums which are to be paid 6 to persons for exhibitions at its annual fair for the current 7 year for exhibits of any events related to agriculture 8agriculturalincluding horticulture, flora culture, poultry, 9 livestock, light horses, harness-racing and running horse 10 races, rodeos, and domestic and mechanical arts, no one 11 departmentDepartmentor class shall be paid premiums awarded 12 in excess of 30% of the total premiums awarded by the county 13 fair except those departments or classes limited to junior 14 exhibitors. Harness horse races and running horse races 15 shall be considered as one department. 16 (b) (Blank).In no case shall stall or pen rentals17exceed the maximum rate per day as set by the Department for18the approved exhibition period of the county fair.19 (c) A reasonable entry fee for all classes may be 20 charged which will not exceed the maximum limit as 21 established by the Department. 22 (d) No part of any appropriation made for the benefit of 23 county fairs shall be used in payment for personnel or acts 24 which are solely for the entertainment of persons attending 25 the fair or for acts which have been hired or contracted for 26 by the fair, except events related to agriculture, including 27 tractor pulls, truck pulls, rodeos and other acts which may 28 be exempt in the judgment of the Director. 29 (e) Prizes awarded for light horses, and for 30 harness-racing and running horses shall be payable from such 31 appropriation. 32 (Source: P.A. 81-159.) 33 (30 ILCS 120/10) (from Ch. 85, par. 660) SB1281 Enrolled -3- LRB9109317JMmbA 1 Sec. 10. (a) Effective with fiscal year 1987, each 2 county fair's authorized base shall be set at 66 2/3% of the 3 approved amount of premium paid in either fiscal year 1984 or 4 1985, whichever year has the largest approved amount. The 5 authorized base of the Gallatin, Montgomery and Massac county 6 fairs for fiscal years 1987 and 1988 shall be $15,000 each. 7 If there is a change in the appropriation, the Director shall 8 allocate to each fair the same percentages of that 9 appropriation as it received of the authorized bases for all 10 fairs. 11 (b) The Department shall reimburse each eligible county 12 fair as follows: 13 100% of the first $2,000 of approved premiums awarded at 14 each eligible county fairin Division I, Division II or any15combination of the 2 Divisions; 16 85% of the next $2,000; 17 75% of the next $3,000; 18 65% of the next $3,000; 19 55% of the next $4,000; and 20 50% of the remaining premiums paid until the total 21 reimbursement equalsup tothe authorized base amount for 22 each fair. 23For the purposes of this Section, Division II includes24light horses, harness horse races, running horse races, and25Division I includes tractor pulls, truck pulls, rodeos, and26all other departments and classes.27 (c) If, after all approved state aid claims are paid for 28 the current year pursuant to subsection (b) of this Section, 29 any amount remains in the appropriations for state aid, that 30 remaining amount shall be distributed on a grant basis. If 31 the total amount of excess approved state aid claims over the 32 authorized base is equal to or less than the remaining amount 33 appropriated for state aid, then each participating fair 34 shall receive a grant equivalent to the excess of its SB1281 Enrolled -4- LRB9109317JMmbA 1 approved claim over its authorized base. If the total amount 2 of excess approved state aid claims exceeds the remaining 3 monies appropriated for state aid, the grants shall be 4 distributed to the participating fairs in proportion to the 5 total amounts of their respective excess approved claims. 6 If, after all approved claims are paid, any amount remains, 7 that amount shall be distributed to all county fairs eligible 8 under this Section in proportion to their total state aid 9 claims. Fairs filing approved claims exceeding both their 10 authorized base and the grant provided for in this subsection 11 shall participate in the Growth Incentive Program set forth 12 in Section 10.1. 13 Grant monies received by a county fair shall be used only 14 for premiums, awards, judge's fees, and other expenses 15 incurred by the fair which are directly related to the 16 operation of the fair and approved by regulation of the 17 Department. Each fair shall file with the Department a fiscal 18 accounting of the expenditure of the grant monies received 19 under this subsection each year at the same time it files its 20 report under Section 12 in relation to the fair held in the 21 next succeeding year. 22 Effective with fiscal year 1989 and each odd numbered 23 fiscal year thereafter, the authorized base of all 24 participating county fairs shall be adjusted by applying 66 25 2/3% to the amount of approved premiums paid in the highest 26 of the previous 2 fiscal years. 27 (Source: P.A. 84-130.) 28 (30 ILCS 120/13) (from Ch. 85, par. 663) 29 Sec. 13. State reimbursement. Except as otherwise 30 allowed by the Director, to qualify for disbursements made by 31 the Department from an appropriation made under the 32 provisions of this Section, the land on which the fair is 33 held must be owned by the county fair board participating in SB1281 Enrolled -5- LRB9109317JMmbA 1 this disbursement or by a State, city, village, or county 2 government body, or be held under a lease that is at least 20 3 years in duration, the terms of which require the lessee to 4 have continuous possession of the land during every day of 5 the lease period. No county fair shall qualify for 6 disbursements made by the Department from an appropriation 7 made under the provisions of this Section unless it shall 8 have notified the Department in writing of its intent to 9 participate prior to obligating any funds for which 10 reimbursement will be requested. Each county fair shall be 11 reimbursed annually for that part of the amount expended by 12 the fair during the year for liability and casualty 13 insurance, as provided in this Section, and the 14 rehabilitation of its grounds, including major construction 15 projects and minor maintenance and repair projects; as 16 follows: 17 100% of the first $5,000 or any part thereof; 18 75% of the next $20,000 or any part thereof; 19 50% of the next $20,000 or any part thereof. 20 The lesser of either $10,000 or 50% of the amount 21 received by a county fair pursuant to this Section may be 22 expended for liability and casualty insurance. 23 If a county fair expends more than is needed in any year 24 for approved projects to maximize State reimbursement under 25 this Section and provides itemized receipts and other 26 evidence of expenditures for that year, any excess may be 27 carried over to the succeeding year. The amount carried over 28 shall constitute a claim for reimbursement for a subsequent 29 period not to exceed 7 years as long as funds are available. 30 Before June 3015of each year, the president and 31 secretary of each county fair which has participated in this 32 program shall file with the Department a sworn statement of 33 the amount expended during the period July 1 to June 3015of 34 the State's fiscal year, accompanied by itemized receipted SB1281 Enrolled -6- LRB9109317JMmbA 1 bills and other evidence of expenditures. If the Department 2 approves the claim, the State Comptroller is authorized and 3 directed to draw a warrant payable from the Agricultural 4 Premium Fund on the State Treasurer for the amount of the 5 rehabilitation claims. 6 If after all claims are paid, there remains any amount of 7 the appropriation for rehabilitation, the remaining amount 8 shall be distributed as a grant to the participating fairs 9 qualifying for the maximum reimbursement and shall be 10 distributed to the eligible fairs on an equal basis not to 11 exceed each eligible fair's pro rata share granted in this 12 paragraph. A sworn statement of the amount expended 13 accompanied by the itemized receipted bills as evidence of 14 expenditure must be filed with the Department by June 301515 of each year. 16 (Source: P.A. 89-96, eff. 7-7-95; 90-329, eff. 8-8-97.) 17 (30 ILCS 120/14) (from Ch. 85, par. 664) 18 Sec. 14.AgriculturalExtension 4-H groupsclubs19 supervised by theCooperative Extension Service of the20 University of Illinois Extension and conducting at least one 21 show or exhibition of the project work of the members and 22 paying promptly in cash or an award of comparable monetary 23 valuethe premiums awardedshall be eligible to participate 24 in an appropriation made for this purpose by the General 25 Assembly. The provisions of this Section shall not apply to 26 more than one show or exhibition per calendar year of any one 27 class or type of project work. The clubs shall participate in 28 the appropriation at a rate of not less than $10.50 per 29 member enrolled for the year as recorded in the State "4-H" 30ClubOffice. The rate per member shall be specified for each 31 year in the Act making the appropriation for this purpose. In 32 addition, $400 per county is allotted for judges' fees. 33 TheCountyExtension Leader of each County or Unit SB1281 Enrolled -7- LRB9109317JMmbA 1Advisor, Agriculture,shall certify to the State "4-H"Club2 Officer under oath, on ablankform furnished by the 3 Department, the amount paid out in premiums at the show or 4 exhibitionshowsfor the current year, and the name of the 5 officer or organization making the payments and the number of 6 members enrolled for the current year. This certification 7 shall be accompanied by itemized receipts as evidence of the 8 certified amounts, and it must be filed with the Department 9 before December 31 of each year. Upon receipt of the 10 certification the Department shall reimburse the officer or 11 organization making the payments in accordance with the 12 provisions of this Section. 13 If the amount appropriated by the General Assembly for 14 the payments of the premiums is insufficient to pay in full 15 the amount which theAgriculturalExtension "4-H" Groups 16Clubsare entitled, the sum shall be prorated among all those 17 entitled to it. 18 If after all approved claims are paid and there remains 19 any amount of the appropriation, the remaining portion shall 20 be distributed as a grant to the participating Cooperative 21 Extension "4-H" GroupsClubs. These monies shall be granted 22 on a prorated basis of membership. A fiscal accounting of the 23 expenditures of the grant monies shall be filed with the 24 Department no later than December 31 of the year in which the 25 club receives such grant monies. 26 (Source: P.A. 81-159.) 27 (30 ILCS 120/17) (from Ch. 85, par. 667) 28 Sec. 17. Any county fair eligible to participate in 29 appropriations made from the Agricultural Premium Fund, 30 except in counties where a Fair and Exposition Authority 31 participated in the appropriation in 1999,of more than32600,000 but less than 1,000,000 inhabitants,may elect 33 instead in any odd numbered year to participate in the SB1281 Enrolled -8- LRB9109317JMmbA 1 appropriation from the Fair and Exposition Fund. The 2 Department must be notified of such election by January 1 of 3 the year of participation in that fund. Any such election 4 shall be binding for 4 calendar years. No county fair shall 5 participate for the same calendar year in appropriations 6 under both this Fund and the Agricultural Premium Fund. 7 In counties where a Fair and Exposition Authority 8 participated in 1999, the Authority shall continue to 9 participatewith more than 600,000 but less than 1,000,00010inhabitants, there shall be created a Fair and Exposition11Authority for purposes of participatingin the appropriation 12 from the Fair and Exposition Fund. The Fair and Exposition 13 Authority shall consist of 7 members appointed by the county 14 board chairman with the advice and consent of the county 15 board. 16 (Source: P.A. 87-1219.) 17 (30 ILCS 120/18) (from Ch. 85, par. 668) 18 Sec. 18. Money shall be paid into the Fair and 19 Exposition Fund by the Illinois Racing Board, as provided in 20 Section 28 of the Illinois Horse Racing Act of 1975. The 21 General Assembly shall from time to time make appropriations 22 payable from such fund to the Department for distribution to 23 county fairsin counties having a population of less than24600,000and to any Fair and Exposition Authority that 25 participated in the appropriation in 1999in counties with a26population of more than 600,000 but less than 1,000,00027inhabitants. Such appropriations shall be distributed by the 28 Department to county fairs which are eligible to participate 29 in appropriations made from the Agricultural Premium Fund but 30 which elect instead to participate in appropriations made 31 from the Fair and Exposition Fund and to Fair and Exposition 32 Authorities that participated in the appropriation in 1999in33counties having a population of more than 600,000 but lessSB1281 Enrolled -9- LRB9109317JMmbA 1than 1,000,000 inhabitants. If a county has more than one 2 county fair, such fairs shall jointly elect to participate 3 either in appropriations made from the Agricultural Premium 4 Fund or in appropriations made from the Fair and Exposition 5 Fund. All participating county fairs of the same county shall 6 participate in the same appropriation. Except as otherwise 7 allowed by the Director, a participant, to be eligible to 8 expend moneys appropriatedreceive appropriationsfrom the 9 Fair and Exposition Fund for the purchase of new or 10 additional land construction or maintenance of buildings, 11 grounds, facilities, infrastructure, or any improvement to 12 the grounds must hold the land on which such fair or 13 exposition is to be conducted as a fee or under a lease of at 14 least 20 years, the terms of which require the lessee to have 15 continuous possession of the land during every day of the 16 lease period.duration, except counties with more than17600,000 but less than 1,000,000 inhabitants where the18participant shall be the Fair and Exposition Authority.19Before receiving a distribution of monies from the fund, the20treasurer or other financial officer of a participant shall21file with the Director a penal bond in an amount equaling the22sums to be distributed, and conditioned upon the lawful23expenditure of the money so distributed. The cost of such24bond may be paid from such money.25 (Source: P.A. 87-1219.) 26 (30 ILCS 120/19) (from Ch. 85, par. 669) 27 Sec. 19. Each year, beginning in State fiscal year 2001, 28 each county fair or Fair and Exposition Authority that 29 received moneys from the Fair and Exposition Fund during 30 State fiscal year 2000 shall receive from that Fund an amount 31 equal to that received in State fiscal year 2000. If an 32 eligible county fair elects to begin participation in an 33 appropriation from the Fair and Exposition Fund in State SB1281 Enrolled -10- LRB9109317JMmbA 1 fiscal year 2001 or thereafter, an additional amount shall be 2 appropriated not to exceed an amount equal to the number 3 representing the last official census of that county 4 multiplied by the amount determined by dividing the amount 5 appropriated for State fiscal year 2000 by the total official 6 census of those counties that participated in State fiscal 7 year 2000, except that no county fair shall receive an amount 8 greater than the largest amount received by a county fair or 9 Fair and Exposition Authority in 2000.in counties having a10population of more than 600,000 but less than 1,000,00011inhabitants shall receive that proportion of the total amount12appropriated for distribution from the Fair and Exposition13Fund as the population of such county bears to the total14population of all counties having fairs or in counties of15more than 600,000 but less than 1,000,000 inhabitants having16a Fair and Exposition Authority participating in such17appropriation.In the event a county has more than one fair 18 participating in such appropriation, that county's share 19 shall be divided equally among them. 20 (Source: P.A. 87-1219.) 21 (30 ILCS 120/20) (from Ch. 85, par. 670) 22 Sec. 20. Appropriations made from the Fair and 23 Exposition Fund may be used for financing agricultural, 24industrial, cultural,educational, trade and scientific 25 exhibits;and for constructing, equipping, and maintaining26auditoriums, exposition buildings, and viewing stands, and27for other related expenditures necessary to protect and28utilize such facilities and grounds, including expenditures29for such things as sewers, utilities, paved parking areas,30security fences, retaining walls, and for such other purposes31as may be approved by the Department by regulation, or for32payment of the principal of, and interest upon, revenue bonds33issued for any of such purposes. In any instance where aSB1281 Enrolled -11- LRB9109317JMmbA 1participant in this fund is authorized by statute to use such2appropriations for other related and specifically designated3purposes, such use by such participant shall be deemed4authorized by this Section. Neither appropriation made from5the Fair and Exposition Fund nor auditoriums or exposition6buildings constructed or equipped pursuant to this Section7shall be used for any of the purposes designated in Sections83 through 8 and 10 through 13. A county fair which elects to9receive an appropriation from the Fair and Exposition Fund10may, upon written notification to the Director, allocate up11to 66 2/3% of the money received from the Departmentfor 12 premium and award purposes as set forth in subsections (a) 13 through (e) of Section 9; and for other expenses incurred by 14 the fair that are directly related to the operation of the 15 fair and approved by rule by the Department. 16 In addition, county fairs eligible to participate in the 17 Fair and Exposition Fund appropriation that hold the land on 18 which the county fair is conducted as a fee or under a lease 19 of at least 20 years, the terms of which require the lessee 20 to have continuous possession of the land during every day of 21 the lease period, or as otherwise allowed by the Director, 22 may be reimbursed for expenditures for purchase of new or 23 additional land, construction or maintenance of buildings, 24 facilities, grounds, or infrastructure, or improvements to 25 the grounds. 26 (Source: P.A. 84-130.) 27 (30 ILCS 120/21.5 new) 28 Sec. 21.5. No county fair shall qualify for 29 disbursements made by the Department from an appropriation 30 made under the provisions of this Act unless it notifies the 31 Department in writing of its declaration of intent to 32 participate by December 31 of the year preceding the year in 33 which such distribution shall be made. The notification SB1281 Enrolled -12- LRB9109317JMmbA 1 shall state the following: the facts of its organization, 2 location, officers, dates of exhibitions, approximate amount 3 of premiums to be offered and the estimated amounts to be 4 expended, and the purpose for the expenditures. Before the 5 end of the calendar year following the expenditure, each 6 participant receiving money shall make an accounting of it to 7 the Director. 8 (30 ILCS 120/22) (from Ch. 85, par. 672) 9 Sec. 22. No appropriation made under the provisions of 10 this Act shall be used for the payment of the salary of any 11 officer or employee of any fair. 12 (Source: P.A. 77-1208.) 13 (30 ILCS 120/15 rep.) 14 (30 ILCS 120/21 rep.) 15 Section 10. The Agricultural Fair Act is amended by 16 repealing Sections 15 and 21.