Sen. Lawrence M. Walsh
Filed: 5/29/2004
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1 | AMENDMENT TO HOUSE BILL 1015
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2 | AMENDMENT NO. ______. Amend House Bill 1015 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "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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6 | (20 ILCS 210/6) (from Ch. 127, par. 1706)
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7 | Sec. 6. Policies, procedures, and powers concerning the | ||||||
8 | operation of fairs.
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9 | (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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18 | (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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1 | 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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15 | (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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1 | Fair.
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2 | (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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8 | 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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13 | (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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17 | certificate, or photostatic copy thereof, or a paid up | ||||||
18 | membership card in
any recognized veterans organization.
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19 | (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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25 | (Source: P.A. 88-5; 88-571, 89-96, eff. 7-7-95.)
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26 | (20 ILCS 210/8) (from Ch. 127, par. 1708)
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27 | 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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1 | 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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17 | (Source: P.A. 84-1468.)
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18 | (20 ILCS 210/11.1) (from Ch. 127, par. 1711.1)
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19 | 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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26 | 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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29 | 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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1 | 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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6 | (Source: P.A. 84-1468.)
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7 | (20 ILCS 210/12) (from Ch. 127, par. 1712)
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8 | 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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21 | (Source: P.A. 84-1468.)
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22 | (20 ILCS 210/13) (from Ch. 127, par. 1713)
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23 | 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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28 | conducted upon the State Fairgrounds.
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29 | (Source: P.A. 89-96, eff. 7-7-95.)
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30 | (20 ILCS 210/13.5)
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31 | Sec. 13.5. Hearings. The Illinois Administrative Procedure |
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1 | 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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8 | (Source: P.A. 89-96, eff. 7-7-96.)
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9 | (20 ILCS 210/13.15)
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10 | 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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21 | (Source: P.A. 89-96, eff. 7-7-96.)
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.".
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