SB1635 102ND GENERAL ASSEMBLY

LRB102 12634 RJF 17973 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1635

Introduced 2/26/2021, by Sen. Chapin Rose

SYNOPSIS AS INTRODUCED:

30 ILCS 120/5	from Ch. 85, par. 655
30 ILCS 120/10	from Ch. 85, par. 660
30 ILCS 120/13	from Ch. 85, par. 663

Amends the Agricultural Fair Act. Provides that the DeWitt County Fair shall qualify for disbursements made by the Department of Agriculture from an appropriation made under provisions of the Act in fiscal years 2022 and 2023, subject to appropriation; provided that, the DeWitt County Fair notifies the Department in writing of its declaration of intent to participate. Provides that the authorized base amount of the DeWitt County Fair for fiscal years 2022 and 2023 shall be $20,000 each. Provides that the maximum amount the DeWitt County Fair may be reimbursed in each of fiscal years 2022 and 2023 is $13,250. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 5, 10, and 13 as follows:

(30 ILCS 120/5) (from Ch. 85, par. 655)

Sec. 5. To qualify for disbursements made by the Department from an appropriation made under provisions of this Act, each county fair should notify 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 DeWitt County Fair shall qualify for disbursements made by the Department from an appropriation made under the provisions of this Act in fiscal years 2022 and 2023, subject to appropriation, and provided the DeWitt County Fair notifies the Department in writing of its declaration of intent to participate within 30 days after the effective date of this amendatory Act of the 102nd General Assembly. 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. 91-934, eff. 6-1-01.)

(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. Subject to appropriation, the authorized base of the DeWitt County Fair for fiscal years 2022 and 2023 shall be $20,000 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;

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 the authorized base amount for each fair.

(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. 91-934, eff. 6-1-01.)

(30 ILCS 120/13) (from Ch. 85, par. 663)

Sec. 13. Rehabilitation. 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 or 50% of the amount received by a county fair pursuant to this Section may be expended for liability and casualty insurance.

The maximum amount the DeWitt County Fair may be reimbursed in each of fiscal years 2022 and 2023, subject to appropriation, is $13,250.

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. 94-261, eff. 1-1-06.)

Section 99. Effective date. This Act takes effect upon becoming law.