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91_SB1281
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, 3, 12, 17, 18, 19, and 21 as follows:
6 (30 ILCS 120/2) (from Ch. 85, par. 652)
7 Sec. 2. When used in this Act,
8 "Department" means Department of Agriculture.
9 "County fair" means a fair sponsored by a fair
10 association or agricultural society. In counties of more
11 than 800,000 but less than 3,000,000 inhabitants, the county
12 fair shall be sponsored by the Fair and Exposition Authority.
13 "Director" means the Director of the Department of
14 Agriculture.
15 "Fair and Exposition Authority" means the appointed
16 authority in counties of more than 800,000 but less than
17 3,000,000 inhabitants that sponsors the county fair and
18 participates in the State agricultural funding.
19 (Source: P.A. 77-1208.)
20 (30 ILCS 120/3) (from Ch. 85, par. 653)
21 Sec. 3. A county fair in order to be eligible to receive
22 state funds from the Agricultural Premium Fund must have held
23 annual fairs or have been organized for that purpose prior to
24 July 1, 1971 and at that time be eligible to participate in
25 programs under Section 28 of "An Act in relation to State
26 finance".
27 If no county fair within a county meets the requirements
28 set forth in this Section, the county board may by resolution
29 designate an existing county fair to be the participant in
30 such programs, and shall notify the Department of its action.
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1 In counties of more than 800,000 but less than 3,000,000
2 inhabitants, the county board shall by resolution designate
3 the Fair and Exposition Authority to be a participant in the
4 funding programs under this Act.
5 (Source: P.A. 77-1208.)
6 (30 ILCS 120/12) (from Ch. 85, par. 662)
7 Sec. 12. Before October 15 of each year, the president
8 and secretary of each county fair or in counties of more than
9 800,000 but less than 3,000,000 inhabitants, the president
10 and secretary of the Fair and Exposition Authority, claiming
11 state aid shall file with the Department a fiscal accounting
12 of the expenditure of the grant monies received under Section
13 10 and a sworn statement of the actual amount of cash
14 premiums paid at the fair that year. The sworn statement
15 shall state the following:
16 a) That all gambling and gambling devices which are
17 declared unlawful by laws of Illinois and the sale of
18 alcoholic liquors other than beer have been prohibited and
19 excluded from the grounds of the fair and from adjacent
20 grounds under the fair's authority, during the fair and at
21 all other times when the fair grounds or adjacent grounds are
22 in the possession of and under the immediate control and
23 supervision of the fair officials.
24 b) That all receipts from any source other than
25 admissions to the grandstand and entry fees for races, not
26 necessary for the payment of labor and advertising, have been
27 prorated among all other claims and expenses or that all
28 other claims and expenses have been paid in full.
29 The statement shall correspond with the published offer
30 of premiums, and shall be accompanied by an itemized list of
31 all premiums paid upon the basis of the premiums provided, a
32 copy of the published premium list of the fair, and a full
33 statement of receipts and expenditures for the current year
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1 that has been duly verified by the president and secretary of
2 the fair.
3 The Department may within the period not to exceed 30
4 days after a fair has filed its claim pay 75% of the fair's
5 authorized base amount if the claim for premiums filed is
6 equal to or exceeds such fair's authorized base for that
7 year. If the claim filed is less than the fair's authorized
8 base, the Department shall only pay 75% of the amount of the
9 claim filed. Should the amount paid a fair exceed the amount
10 authorized after the final audit of such claim, then the fair
11 shall within 30 days after notice by the Department pay to
12 the Department the difference between the amount received and
13 the amount as approved for such fair in the final audit.
14 (Source: P.A. 81-159.)
15 (30 ILCS 120/17) (from Ch. 85, par. 667)
16 Sec. 17. Any county fair eligible to participate in
17 appropriations made from the Agricultural Premium Fund,
18 except in counties of more than 800,000 600,000 but less than
19 3,000,000 1,000,000 inhabitants, may elect instead in any odd
20 numbered year to participate in the appropriation from the
21 Fair and Exposition Fund. The Department must be notified of
22 such election by January 1 of the year of participation in
23 that fund. Any such election shall be binding for 4 calendar
24 years. No county fair shall participate for the same calendar
25 year in appropriations under both this Fund and the
26 Agricultural Premium Fund.
27 In counties with more than 800,000 600,000 but less than
28 3,000,000 1,000,000 inhabitants, there shall be created a
29 Fair and Exposition Authority that shall conduct the county
30 fair, shall be eligible to participate in appropriations made
31 from the Agricultural Premium Fund, and may elect instead in
32 any odd-numbered year to participate in the appropriations
33 from the Fair and Exposition Fund pursuant to the provisions
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1 of this Section for purposes of participating in the
2 appropriation from the Fair and Exposition Fund. The Fair
3 and Exposition Authority shall consist of 7 members who shall
4 be residents of the county appointed by the county board
5 chairman with the advice and consent of the county board. Any
6 member of the Fair and Exposition Authority who is not a
7 resident of the county in which he or she is appointed shall
8 resign within 60 days after the effective date of this
9 amendatory Act of the 91st General Assembly. Notice shall be
10 given to the county board chairman who shall appoint a
11 resident of the county to fill that vacancy. The appointment
12 shall be made with the advice and consent of the county board
13 within 30 days after receipt of notice of the resignation.
14 (Source: P.A. 87-1219.)
15 (30 ILCS 120/18) (from Ch. 85, par. 668)
16 Sec. 18. Money shall be paid into the Fair and
17 Exposition Fund by the Illinois Racing Board, as provided in
18 Section 28 of the Illinois Horse Racing Act of 1975. The
19 General Assembly shall from time to time make appropriations
20 payable from such fund to the Department for distribution to
21 county fairs in counties having a population of less than
22 800,000 600,000 and to any Fair and Exposition Authority in
23 counties with a population of more than 800,000 600,000 but
24 less than 3,000,000 1,000,000 inhabitants. Such
25 appropriations shall be distributed by the Department to
26 county fairs which are eligible to participate in
27 appropriations made from the Agricultural Premium Fund but
28 which elect instead to participate in appropriations made
29 from the Fair and Exposition Fund and to Fair and Exposition
30 Authorities in counties having a population of more than
31 800,000 600,000 but less than 3,000,000 1,000,000
32 inhabitants. If a county has more than one county fair, such
33 fairs shall jointly elect to participate either in
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1 appropriations made from the Agricultural Premium Fund or in
2 appropriations made from the Fair and Exposition Fund. All
3 participating county fairs of the same county shall
4 participate in the same appropriation. A participant, to be
5 eligible to receive appropriations from the Fair and
6 Exposition Fund must hold the land on which such fair or
7 exposition is to be conducted as a fee or under a lease of at
8 least 20 years duration, except counties with more than
9 800,000 600,000 but less than 3,000,000 1,000,000 inhabitants
10 where the participant eligible to receive appropriations from
11 the Agricultural Premium Fund or Fair and Exposition Fund
12 shall be the Fair and Exposition Authority. In counties of
13 more than 800,000 but less than 3,000,000 inhabitants, the
14 land on which the fair or exposition is conducted shall be
15 designated by the county board chairman. The Fair and
16 Exposition Authority shall conduct the county fair on the
17 premises so designated by the county board chairman. In
18 counties of more than 800,000 but less than 3,000,000
19 inhabitants, the Fair and Exposition Authority, to be
20 eligible to receive appropriations from the Fair and
21 Exposition Fund, shall not be required to own the land on
22 which the fair or exposition is to be conducted or lease it
23 under a lease of at least 20 years' duration. Before
24 receiving a distribution of monies from the fund, the
25 treasurer or other financial officer of a participant shall
26 file with the Director a penal bond in an amount equaling the
27 sums to be distributed, and conditioned upon the lawful
28 expenditure of the money so distributed. The cost of such
29 bond may be paid from such money.
30 (Source: P.A. 87-1219.)
31 (30 ILCS 120/19) (from Ch. 85, par. 669)
32 Sec. 19. Each county fair or Fair and Exposition
33 Authority in counties having a population of more than
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1 800,000 600,000 but less than 3,000,000 1,000,000 inhabitants
2 shall receive that proportion of the total amount
3 appropriated for distribution from the Fair and Exposition
4 Fund as the population of such county bears to the total
5 population of all counties having fairs or in counties of
6 more than 800,000 600,000 but less than 3,000,000 1,000,000
7 inhabitants having a Fair and Exposition Authority
8 participating in such appropriation. In the event a county
9 has more than one fair participating in such appropriation,
10 that county's share shall be divided equally among them.
11 (Source: P.A. 87-1219.)
12 (30 ILCS 120/21) (from Ch. 85, par. 671)
13 Sec. 21. Before any money is distributed to any
14 participant including the Fair and Exposition Authority in
15 counties with more than 800,000 but less than 3,000,000
16 inhabitants under the Fair and Exposition Fund the
17 participant shall file with the Director a schedule, showing
18 in detail the purposes for which State appropriated funds are
19 to be spent, including plans and specifications for any
20 buildings or exhibits. At the end of the calendar year
21 following such distribution, each participant receiving any
22 money from this Fund shall make an accounting of it to the
23 Director. Unless otherwise granted authorization, in writing,
24 by the Director, any county fair receiving money from an
25 appropriation from the Fair and Exposition Fund must spend
26 the money during the calendar year in which it was received;
27 any money received and not spent during the calendar year or
28 spent for a different purpose than for which it was received
29 shall be repaid to the Department for deposit in the Fair and
30 Exposition Fund. The Department may promulgate rules and
31 regulations permitting participants to invest such funds
32 prior to use; interest or dividends earned from such
33 investments shall accrue to the participants subject to the
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1 same conditions as the funds appropriated. Any county fair
2 or Fair and Exposition Authority in counties of more than
3 800,000 600,000 but less than 3,000,000 1,000,000 inhabitants
4 which has participated or shall participate in the Fair and
5 Exposition Fund must make an accounting at the end of the
6 calendar or fiscal year, as the case may be, to the Director
7 of any monies received or derived from any use or usage of
8 fair and exposition buildings and the money must remain in
9 the participants' fair and exposition fund or, in the case of
10 a Fair and Exposition Authority in counties of more than
11 800,000 600,000 but less than 3,000,000 1,000,000
12 inhabitants, in the Authority's revenue fund, and show
13 expenditure for such purposes as maintaining fair and
14 exposition buildings and for other specific purposes as set
15 forth in this Act. Failure to comply with any of the
16 provisions of this Section shall bar a participant from any
17 further distribution of money under this Act.
18 In counties of more than 800,000 600,000 but less than
19 3,000,000 1,000,000 inhabitants, the county fair association
20 shall submit an annual budget to the Fair and Exposition
21 Authority by October 1 of each calendar year for purposes of
22 appropriating monies for the annual county fair and 4-H
23 exhibitions. the Fair and Exposition Authority shall
24 appropriate monies on an annual basis for purposes of
25 operating and maintaining an annual county fair and 4-H
26 exhibitions. The Fair and Exposition Authority shall
27 establish audit standards for the operation of the county
28 fair.
29 (Source: P.A. 87-1219.)