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91_SB1281sam001
LRB9109317LDpram02
1 AMENDMENT TO SENATE BILL 1281
2 AMENDMENT NO. . Amend Senate Bill 1281 by replacing
3 the title with the following:
4 "AN ACT to amend the Agricultural Fair Act."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Agricultural Fair Act is amended by
8 changing Sections 2, 5, 9, 10, 13, 14, 17, 18, 19, and 20 and
9 adding Section 21.5 as follows:
10 (30 ILCS 120/2) (from Ch. 85, par. 652)
11 Sec. 2.
12 When used in this Act,
13 "Department" means Department of Agriculture.
14 "County fair" means a fair sponsored by a fair
15 association or agricultural society.
16 "Director" means the Director of the Department of
17 Agriculture.
18 "Junior exhibitor" means an exhibitor whose age is within
19 limits established by Department rule.
20 (Source: P.A. 77-1208.)
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1 (30 ILCS 120/5) (from Ch. 85, par. 655)
2 Sec. 5. To No county fair shall qualify for
3 disbursements made by the Department from an appropriation
4 made under provisions of this Act, each county fair should
5 notify unless it shall have notified the Department in
6 writing of its declaration of intent to participate by
7 December 31 of the year preceding the year in which such
8 distribution shall be made. The notification shall state the
9 following: facts of its organization, location, officers,
10 dates of exhibitions and approximate amount of premiums to be
11 offered.
12 (Source: P.A. 77-1208.)
13 (30 ILCS 120/9) (from Ch. 85, par. 659)
14 Sec. 9. The formulas for distributing monies from the
15 Agricultural Premium Fund to eligible county fairs shall be
16 contingent upon the following provisions:
17 (a) Of the total amount of premiums which are to be paid
18 to persons for exhibitions at its annual fair for the current
19 year for exhibits of any events related to agricultural
20 including horticulture, flora culture, poultry, livestock,
21 light horses, harness-racing and running horse races, rodeos,
22 and domestic and mechanical arts, no one Department or class
23 shall be paid premiums awarded in excess of 30% of the total
24 premiums awarded by the county fair except those departments
25 or classes limited to junior exhibitors. Harness horse races
26 and running horse races shall be considered as one
27 department.
28 (b) (Blank). In no case shall stall or pen rentals
29 exceed the maximum rate per day as set by the Department for
30 the approved exhibition period of the county fair.
31 (c) A reasonable entry fee for all classes may be
32 charged which will not exceed the maximum limit as
33 established by the Department.
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1 (d) No part of any appropriation made for the benefit of
2 county fairs shall be used in payment for personnel or acts
3 which are solely for the entertainment of persons attending
4 the fair or for acts which have been hired or contracted for
5 by the fair, except events related to agriculture, including
6 tractor pulls, truck pulls, rodeos and other acts which may
7 be exempt in the judgment of the Director.
8 (e) Prizes awarded for light horses, and for
9 harness-racing and running horses shall be payable from such
10 appropriation.
11 (Source: P.A. 81-159.)
12 (30 ILCS 120/10) (from Ch. 85, par. 660)
13 Sec. 10. (a) Effective with fiscal year 1987, each
14 county fair's authorized base shall be set at 66 2/3% of the
15 approved amount of premium paid in either fiscal year 1984 or
16 1985, whichever year has the largest approved amount. The
17 authorized base of the Gallatin, Montgomery and Massac county
18 fairs for fiscal years 1987 and 1988 shall be $15,000 each.
19 If there is a change in the appropriation, the Director shall
20 allocate to each fair the same percentages of that
21 appropriation as it received of the authorized bases for all
22 fairs.
23 (b) The Department shall reimburse each eligible county
24 fair as follows:
25 100% of the first $2,000 of approved premiums awarded at
26 each eligible county fair in Division I, Division II or any
27 combination of the 2 Divisions;
28 85% of the next $2,000;
29 75% of the next $3,000;
30 65% of the next $3,000;
31 55% of the next $4,000; and
32 50% of the remaining premiums paid until the total
33 reimbursement equals up to the authorized base amount for
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1 each fair.
2 For the purposes of this Section, Division II includes
3 light horses, harness horse races, running horse races, and
4 Division I includes tractor pulls, truck pulls, rodeos, and
5 all other departments and classes.
6 (c) If, after all approved state aid claims are paid for
7 the current year pursuant to subsection (b) of this Section,
8 any amount remains in the appropriations for state aid, that
9 remaining amount shall be distributed on a grant basis. If
10 the total amount of excess approved state aid claims over the
11 authorized base is equal to or less than the remaining amount
12 appropriated for state aid, then each participating fair
13 shall receive a grant equivalent to the excess of its
14 approved claim over its authorized base. If the total amount
15 of excess approved state aid claims exceeds the remaining
16 monies appropriated for state aid, the grants shall be
17 distributed to the participating fairs in proportion to the
18 total amounts of their respective excess approved claims.
19 If, after all approved claims are paid, any amount remains,
20 that amount shall be distributed to all county fairs eligible
21 under this Section in proportion to their total state aid
22 claims. Fairs filing approved claims exceeding both their
23 authorized base and the grant provided for in this subsection
24 shall participate in the Growth Incentive Program set forth
25 in Section 10.1.
26 Grant monies received by a county fair shall be used only
27 for premiums, awards, judge's fees, and other expenses
28 incurred by the fair which are directly related to the
29 operation of the fair and approved by regulation of the
30 Department. Each fair shall file with the Department a fiscal
31 accounting of the expenditure of the grant monies received
32 under this subsection each year at the same time it files its
33 report under Section 12 in relation to the fair held in the
34 next succeeding year.
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1 Effective with fiscal year 1989 and each odd numbered
2 fiscal year thereafter, the authorized base of all
3 participating county fairs shall be adjusted by applying 66
4 2/3% to the amount of approved premiums paid in the highest
5 of the previous 2 fiscal years.
6 (Source: P.A. 84-130.)
7 (30 ILCS 120/13) (from Ch. 85, par. 663)
8 Sec. 13. State reimbursement. To qualify for
9 disbursements made by the Department from an appropriation
10 made under the provisions of this Section, the land on which
11 the fair is held must be owned by the county fair board
12 participating in this disbursement or by a State, city,
13 village, or county government body, or be held under a lease
14 that is at least 20 years in duration, the terms of which
15 require the lessee to have continuous possession of the land
16 during every day of the lease period. No county fair shall
17 qualify for disbursements made by the Department from an
18 appropriation made under the provisions of this Section
19 unless it shall have notified the Department in writing of
20 its intent to participate prior to obligating any funds for
21 which reimbursement will be requested. Each county fair
22 shall be reimbursed annually for that part of the amount
23 expended by the fair during the year for liability and
24 casualty insurance, as provided in this Section, and the
25 rehabilitation of its grounds, including major construction
26 projects and minor maintenance and repair projects; as
27 follows:
28 100% of the first $5,000 or any part thereof;
29 75% of the next $20,000 or any part thereof;
30 50% of the next $20,000 or any part thereof.
31 The lesser of either $10,000 or 50% of the amount
32 received by a county fair pursuant to this Section may be
33 expended for liability and casualty insurance.
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1 If a county fair expends more than is needed in any year
2 for approved projects to maximize State reimbursement under
3 this Section and provides itemized receipts and other
4 evidence of expenditures for that year, any excess may be
5 carried over to the succeeding year. The amount carried over
6 shall constitute a claim for reimbursement for a subsequent
7 period not to exceed 7 years as long as funds are available.
8 Before June 30 15 of each year, the president and
9 secretary of each county fair which has participated in this
10 program shall file with the Department a sworn statement of
11 the amount expended during the period July 1 to June 30 15 of
12 the State's fiscal year, accompanied by itemized receipted
13 bills and other evidence of expenditures. If the Department
14 approves the claim, the State Comptroller is authorized and
15 directed to draw a warrant payable from the Agricultural
16 Premium Fund on the State Treasurer for the amount of the
17 rehabilitation claims.
18 If after all claims are paid, there remains any amount of
19 the appropriation for rehabilitation, the remaining amount
20 shall be distributed as a grant to the participating fairs
21 qualifying for the maximum reimbursement and shall be
22 distributed to the eligible fairs on an equal basis not to
23 exceed each eligible fair's pro rata share granted in this
24 paragraph. A sworn statement of the amount expended
25 accompanied by the itemized receipted bills as evidence of
26 expenditure must be filed with the Department by June 30 15
27 of each year.
28 (Source: P.A. 89-96, eff. 7-7-95; 90-329, eff. 8-8-97.)
29 (30 ILCS 120/14) (from Ch. 85, par. 664)
30 Sec. 14. Agricultural Extension 4-H groups clubs
31 supervised by the Cooperative Extension Service of the
32 University of Illinois Extension and conducting at least one
33 show or exhibition of the project work of the members and
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1 paying promptly in cash the premiums awarded shall be
2 eligible to participate in an appropriation made for this
3 purpose by the General Assembly. The provisions of this
4 Section shall not apply to more than one show or exhibition
5 per calendar year of any one class or type of project work.
6 The clubs shall participate in the appropriation at a rate of
7 not less than $10.50 per member enrolled for the year as
8 recorded in the State "4-H" Club Office. The rate per member
9 shall be specified for each year in the Act making the
10 appropriation for this purpose. In addition, $400 per county
11 is allotted for judges' fees.
12 The County Extension Leader of each County or Unit
13 Advisor, Agriculture, shall certify to the State "4-H" Club
14 Officer under oath, on a blank form furnished by the
15 Department, the amount paid out in premiums at the show or
16 exhibition shows for the current year, and the name of the
17 officer or organization making the payments and the number of
18 members enrolled for the current year. This certification
19 shall be accompanied by itemized receipts as evidence of the
20 certified amounts, and it must be filed with the Department
21 before December 31 of each year. Upon receipt of the
22 certification the Department shall reimburse the officer or
23 organization making the payments in accordance with the
24 provisions of this Section.
25 If the amount appropriated by the General Assembly for
26 the payments of the premiums is insufficient to pay in full
27 the amount which the Agricultural Extension "4-H" Groups
28 Clubs are entitled, the sum shall be prorated among all those
29 entitled to it.
30 If after all approved claims are paid and there remains
31 any amount of the appropriation, the remaining portion shall
32 be distributed as a grant to the participating Cooperative
33 Extension "4-H" Groups Clubs. These monies shall be granted
34 on a prorated basis of membership. A fiscal accounting of the
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1 expenditures of the grant monies shall be filed with the
2 Department no later than December 31 of the year in which the
3 club receives such grant monies.
4 (Source: P.A. 81-159.)
5 (30 ILCS 120/17) (from Ch. 85, par. 667)
6 Sec. 17. Any county fair eligible to participate in
7 appropriations made from the Agricultural Premium Fund,
8 except in counties where a Fair and Exposition Authority
9 participated in the appropriation in 1999, of more than
10 600,000 but less than 1,000,000 inhabitants, may elect
11 instead in any odd numbered year to participate in the
12 appropriation from the Fair and Exposition Fund. The
13 Department must be notified of such election by January 1 of
14 the year of participation in that fund. Any such election
15 shall be binding for 4 calendar years. No county fair shall
16 participate for the same calendar year in appropriations
17 under both this Fund and the Agricultural Premium Fund.
18 In counties where a Fair and Exposition Authority
19 participated in 1999, the Authority shall continue to
20 participate with more than 600,000 but less than 1,000,000
21 inhabitants, there shall be created a Fair and Exposition
22 Authority for purposes of participating in the appropriation
23 from the Fair and Exposition Fund. The Fair and Exposition
24 Authority shall consist of 7 members appointed by the county
25 board chairman with the advice and consent of the county
26 board.
27 (Source: P.A. 87-1219.)
28 (30 ILCS 120/18) (from Ch. 85, par. 668)
29 Sec. 18. Money shall be paid into the Fair and
30 Exposition Fund by the Illinois Racing Board, as provided in
31 Section 28 of the Illinois Horse Racing Act of 1975. The
32 General Assembly shall from time to time make appropriations
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1 payable from such fund to the Department for distribution to
2 county fairs in counties having a population of less than
3 600,000 and to any Fair and Exposition Authority that
4 participated in the appropriation in 1999 in counties with a
5 population of more than 600,000 but less than 1,000,000
6 inhabitants. Such appropriations shall be distributed by the
7 Department to county fairs which are eligible to participate
8 in appropriations made from the Agricultural Premium Fund but
9 which elect instead to participate in appropriations made
10 from the Fair and Exposition Fund and to Fair and Exposition
11 Authorities that participated in the appropriation in 1999 in
12 counties having a population of more than 600,000 but less
13 than 1,000,000 inhabitants. If a county has more than one
14 county fair, such fairs shall jointly elect to participate
15 either in appropriations made from the Agricultural Premium
16 Fund or in appropriations made from the Fair and Exposition
17 Fund. All participating county fairs of the same county shall
18 participate in the same appropriation. A participant, to be
19 eligible to expend moneys appropriated receive appropriations
20 from the Fair and Exposition Fund for the purchase of new or
21 additional land construction or maintenance of buildings,
22 grounds, facilities, infrastructure, or any improvement to
23 the grounds must hold the land on which such fair or
24 exposition is to be conducted as a fee or under a lease of at
25 least 20 years, the terms of which require the lessee to have
26 continuous possession of the land during every day of the
27 lease period. duration, except counties with more than
28 600,000 but less than 1,000,000 inhabitants where the
29 participant shall be the Fair and Exposition Authority.
30 Before receiving a distribution of monies from the fund, the
31 treasurer or other financial officer of a participant shall
32 file with the Director a penal bond in an amount equaling the
33 sums to be distributed, and conditioned upon the lawful
34 expenditure of the money so distributed. The cost of such
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1 bond may be paid from such money.
2 (Source: P.A. 87-1219.)
3 (30 ILCS 120/19) (from Ch. 85, par. 669)
4 Sec. 19. Each year, beginning in State fiscal year 2001,
5 each county fair or Fair and Exposition Authority that
6 received moneys from the Fair and Exposition Fund during
7 State fiscal year 1999 shall receive from that Fund a
8 proportion equal to that proportion received in State fiscal
9 year 1999. If an eligible county fair elects to begin
10 participation in an appropriation from the Fair and
11 Exposition Fund in State fiscal year 2001 or thereafter, an
12 additional amount shall be appropriated not to exceed an
13 amount equal to the number representing the last official
14 census of that county multiplied by the amount determined by
15 dividing the amount appropriated for State fiscal year 1999
16 by the total official census of those counties that
17 participated in State fiscal year 1999, except that no county
18 fair shall receive an amount greater than the largest amount
19 received by a county fair or Fair and Exposition Authority in
20 1999. in counties having a population of more than 600,000
21 but less than 1,000,000 inhabitants shall receive that
22 proportion of the total amount appropriated for distribution
23 from the Fair and Exposition Fund as the population of such
24 county bears to the total population of all counties having
25 fairs or in counties of more than 600,000 but less than
26 1,000,000 inhabitants having a Fair and Exposition Authority
27 participating in such appropriation. In the event a county
28 has more than one fair participating in such appropriation,
29 that county's share shall be divided equally among them.
30 (Source: P.A. 87-1219.)
31 (30 ILCS 120/20) (from Ch. 85, par. 670)
32 Sec. 20. Appropriations made from the Fair and
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1 Exposition Fund may be used for financing agricultural,
2 industrial, cultural, educational, trade and scientific
3 exhibits and for constructing, equipping, and maintaining
4 auditoriums, exposition buildings, and viewing stands, and
5 for other related expenditures necessary to protect and
6 utilize such facilities and grounds, including expenditures
7 for such things as sewers, utilities, paved parking areas,
8 security fences, retaining walls, and for such other purposes
9 as may be approved by the Department by regulation, or for
10 payment of the principal of, and interest upon, revenue bonds
11 issued for any of such purposes. In any instance where a
12 participant in this fund is authorized by statute to use such
13 appropriations for other related and specifically designated
14 purposes, such use by such participant shall be deemed
15 authorized by this Section. Neither appropriation made from
16 the Fair and Exposition Fund nor auditoriums or exposition
17 buildings constructed or equipped pursuant to this Section
18 shall be used for any of the purposes designated in Sections
19 3 through 8 and 10 through 13. A county fair which elects to
20 receive an appropriation from the Fair and Exposition Fund
21 may, upon written notification to the Director, allocate up
22 to 66 2/3% of the money received from the Department for
23 premium and award purposes as set forth in subsections (a)
24 through (e) of Section 9.
25 In addition, county fairs eligible to participate in the
26 Fair and Exposition Fund appropriation that hold the land on
27 which the county fair is conducted as a fee or under a lease
28 of at least 20 years, the terms of which require the lessee
29 to have continuous possession of the land during every day of
30 the lease period, may be reimbursed for expenditures for
31 purchase of new or additional land, construction or
32 maintenance of buildings, facilities, grounds, or
33 infrastructure, or improvements to the grounds.
34 (Source: P.A. 84-130.)
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1 (30 ILCS 120/21.5 new)
2 Sec. 21.5. No county fair shall qualify for
3 disbursements made by the Department from an appropriation
4 made under the provisions of this Act unless it notifies the
5 Department in writing of its declaration of intent to
6 participate by December 31 of the year preceding the year in
7 which such distribution shall be made. The notification
8 shall state the following: the facts of its organization,
9 location, officers, dates of exhibitions, approximate amount
10 of premiums to be offered and the estimated amounts to be
11 expended, and the purpose for the expenditures. Before the
12 end of the calendar year following the expenditure, each
13 participant receiving money shall make an accounting of it to
14 the Director.
15 (30 ILCS 120/15 rep.)
16 (30 ILCS 120/21 rep.)
17 Section 10. The Agricultural Fair Act is amended by
18 repealing Sections 15 and 21.".