Public Act 094-0261
 		





HB2407 Enrolled
LRB094 03797 JAM 33808 b






    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 9, 12, 13, 14, 16, 17, 18, and 20 as follows:
 



    (30 ILCS 120/9)  (from Ch. 85, par. 659)



    Sec. 9. Premiums.
The formulas for distributing monies from 
the Agricultural Premium
Fund to eligible county fairs shall be 
contingent upon the following
provisions:

    (a) Of the total amount of premiums which are to be paid to 
persons for
exhibitions at its annual fair for the current year 
for exhibits of any
events related to agriculture including

horticulture, flora culture, poultry, livestock, light horses,

harness-racing and running horse races, rodeos, and domestic 
and mechanical
arts, no one department or class shall be paid 
premiums
awarded in
excess of 30% of the total premiums awarded 
by the county fair except those
departments or classes limited 
to junior exhibitors.  Harness
horse races and running horse 
races shall be considered as one
department.

    (b) (Blank).

    (c) A reasonable entry fee for all classes may be charged 
which will
not exceed the maximum limit as established by the 
Department.

    (d) No part of any appropriation made for the benefit of 
county fairs
shall be used in payment for personnel or acts 
which
are solely for the entertainment of persons attending the 
fair or for
acts which have been hired or contracted for by the 
fair, except events
related to agriculture, including tractor 
pulls, truck pulls, rodeos and
other acts which may be exempt 
in the judgment of the Director.

    (e) Prizes awarded for light horses, and for harness-racing 
and running
horses shall be payable from such appropriation.

(Source: P.A. 91-934, eff. 6-1-01.)

 



    (30 ILCS 120/12)  (from Ch. 85, par. 662)



    Sec. 12. On or before
Before October 15 of each year, the 
president and
secretary of each county fair claiming state aid 
shall have postmarked to or shall file with the
Department a 
fiscal accounting of the expenditure of the grant monies 
received
under Section 10 and a sworn statement of the actual 
amount of cash premiums paid
at the fair that year. The sworn 
statement shall state the following:

    a) That all gambling and gambling devices which are 
declared
unlawful by laws of Illinois and the sale of alcoholic 
liquors other
than beer have been prohibited and excluded from 
the grounds of the fair
and from adjacent grounds under the 
fair's authority, during the fair
and at all other times when 
the fair grounds or adjacent grounds are in
the possession of 
and under the immediate control and supervision of the
fair 
officials.

    b) That all receipts from any source other than admissions 
to the
grandstand and entry fees for races, not necessary for 
the payment of
labor and advertising, have been prorated among 
all other claims and
expenses or that all other claims and 
expenses have been paid in full.

    The statement shall correspond with the published offer of 
premiums,
and shall be accompanied by an itemized list of all 
premiums paid upon
the basis of the premiums provided, a copy 
of the published premium list
of the fair, and a full statement 
of receipts and expenditures for the
current year that has been 
duly verified by the president and secretary
of the fair.

    The Department may within the period not to exceed 30 days 
after a
fair has filed its claim pay 75% of the fair's 
authorized base amount if
the claim for premiums filed is equal 
to or exceeds such fair's
authorized base for that year.  If the 
claim filed is less than the
fair's authorized base, the 
Department shall only pay 75% of the amount
of the claim filed.  
Should the amount paid a fair exceed the amount
authorized 
after the final audit of such claim, then the fair shall
within 
30 days after notice by the Department pay to the Department 
the
difference between the amount received and the amount as 
approved for such
fair in the final audit as long as funds are 
available.

(Source: P.A. 81-159.)

 



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



    Sec. 13. Rehabilitation
State reimbursement. 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
$10,000 or 50% of the amount

received by a
county fair pursuant to
this Section may be 
expended for liability and casualty
insurance.

    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. 90-329, eff. 8-8-97; 91-934, eff. 6-1-01.)

 



    (30 ILCS 120/14)  (from Ch. 85, par. 664)



    Sec. 14. 4-H. University of Illinois extension units that 
conduct
Extension 4-H groups supervised by the University of 
Illinois
Extension and conducting at least
one show
or 
exhibition of the eligible members' project work approved by 
the State 4-H Office
of the members and that pay premium moneys

paying promptly
in
cash or an award of comparable monetary 
value , including $800 maximum in judges' fees,
shall be 
eligible to participate in an
appropriation made for this 
purpose by the General Assembly. As directed by the University, 
each county's extension leader shall report to the State 4-H 
Office the eligible number of members participating in the 4-H 
year. The University shall then file with the Bureau of County 
Fairs and Horse Racing an Accountability for Agricultural 
Premiums report certifying the number of eligible 4-H members. 
All appropriated moneys are to be fully expended as specified 
(see Part 260 Fairs Operating Under the Agricultural Fair Act 
Sec. 260.305). If moneys are not fully expended, they shall be 
returned to the Illinois Department of Agriculture, Bureau of 
County Fairs and Horse Racing. The
provisions of this Section 
shall not apply to more than one show or
exhibition per 
calendar year of any one class or type of project work. Based 
on each year's specified appropriation and as determined by the 
Department, the county or extension unit
The
 clubs
 shall 
participate in the appropriation at a rate predetermined by the 
Bureau
of not less than $10.50
per eligible member enrolled for 
the year as recorded in the State "4-H"
Office. The rate per 
member shall be specified for each year in the Act
making the 
appropriation for this purpose. In addition, $400 per county
is 
allotted for judges' fees.

    The extension leader
Extension Leader of each county
County

or unit
Unit shall certify to the State
"4-H" Officer under 
oath, on a form furnished by the
Department, the amount paid 
out in premiums, judges' fees, and ribbons at the show or 
exhibition for the
current year, and the name of the officer or 
organization making the
payments and the number of eligible

members enrolled for the current year. This
certification shall 
be accompanied by itemized receipts as evidence of
the 
certified amounts, and it must be filed with the Department 
before
December 31 of each year. Upon receipt of the 
certification the
Department shall reimburse the officer or 
organization making the
payments in accordance with the 
provisions of this Section.

    If the amount appropriated by the General Assembly for the 
payments
of the premiums is insufficient to pay in full the 
amount which the Extension "4-H" Groups are entitled, the sum

shall be
prorated among all those entitled to it.

    If after all approved claims are paid and there remains any 
amount of
the appropriation, the remaining portion shall be 
distributed as a grant
to the participating Cooperative 
Extension "4-H" Groups. These
monies
shall be granted on a 
prorated basis of membership. A fiscal accounting
of the 
expenditures of the grant monies shall be filed with the

Department no later than December 31 of the year in which the 
club
receives such grant monies.

(Source: P.A. 91-934, eff. 6-1-01.)

 



    (30 ILCS 120/16)  (from Ch. 85, par. 666)



    Sec. 16. Agricultural education.
Vocational Agricultural 
Education Section Fairs, which shall not be located in
more 
than 25 sections, shall be organized and conducted under the

supervision of the Department
State Board of Education. The 
Department
State Board of Education
shall designate the 
sections of the State for Agricultural Education
Vocational

Agricultural
Fairs. These fairs shall participate in an 
appropriation
appropriations at a
rate designated by the Bureau 
that is in compliance with the current year's appropriation
of 
not less than $10,250 for each section holding an Agricultural 
Education
a Vocational
Agricultural Section Fair or Fairs 
during the current year.

    The rate per
section shall be specified for each year in 
the Act making the
appropriation for this purpose. Such monies 
are to be paid as premiums
awarded to agricultural education

vocational agricultural students exhibiting livestock or

agricultural products at the fair or fairs in the section in 
which the
student resides. No premium shall be duplicated for 
any particular
exhibition of livestock or agricultural 
products in the fair or fairs
held in any one section.

    The State Board of Education shall certify to the

Department, under oath, at least 10 days prior to the holding 
of any
sections fair, a list of all premiums to be offered at 
that fair. Within
30 days after the close of the fair, a 
section fair manager as designated by the Department
the 
Supervisor
shall certify to the
Department, under oath, on 
blank forms furnished by the Department, a
detailed report of 
premium awards
financial statement showing all premiums 
awarded to agricultural education
vocational
agricultural 
students at that fair. Warrants shall be issued by the
State 
Comptroller payable to the agricultural education teacher or 
teachers
persons entitled to them on vouchers
certified by the 
Department.

    If after all approved claims are paid there remains any 
amount of the
appropriation, the remaining portion shall be 
distributed equally among
the participating agricultural 
education
vocational agricultural section fairs to be expended

for the purposes set forth in this Section. A fiscal accounting 
of the
expenditure of funds distributed under this paragraph 
shall be filed
with the Department by each participating fair 
not later than one year
after the date of its receipt of such 
funds.

(Source: P.A. 81-159.)

 



    (30 ILCS 120/17)  (from Ch. 85, par. 667)



    Sec. 17. Fair and expositions.
Any county fair eligible to 
participate in appropriations made from
the Agricultural 
Premium Fund, except in counties where a Fair and Exposition

Authority participated in the appropriation in 1999, may elect 
instead in any
odd numbered
year
to participate in the 
appropriation from the Fair and Exposition Fund.
The Department 
must be notified of such election by January 1 of the
year of 
participation in that fund. Any such election shall be binding

for 4 calendar years. No county fair shall participate for the 
same calendar
year in appropriations under both this Fund and 
the Agricultural Premium Fund.

    In counties where a Fair and Exposition Authority 
participated in 1999, the
Authority shall continue to 
participate in the appropriation from the Fair and
Exposition 
Fund.  The
Fair and Exposition Authority shall consist of 7 
members appointed by the
county board chairman with the advice 
and consent of the county board.

(Source: P.A. 91-934, eff. 6-1-01.)

 



    (30 ILCS 120/18)  (from Ch. 85, par. 668)



    Sec. 18. Money shall be paid into the Fair and Exposition 
Fund by the
Illinois Racing Board, as provided in Section 28 of 
the Illinois Horse
Racing Act of 1975. The General Assembly 
shall from time to time make
appropriations payable from such 
fund to the Department for distribution to
county fairs and to

any
Fair and Exposition Authority that participated in the 
appropriation in
1999. Such appropriations shall be

distributed by the Department to county fairs which are 
eligible to participate
in appropriations made from the 
Agricultural Premium Fund but which elect
instead to 
participate in appropriations made from the Fair and Exposition 
Fund
and to Fair and Exposition Authorities that participated 
in the appropriation
in 1999. If a county has more than
one

county fair, such fairs shall jointly elect to participate 
either in
appropriations made from the Agricultural Premium 
Fund or in appropriations
made from the Fair and Exposition 
Fund. All participating county fairs of the
same county shall 
participate in the same appropriation. Except as otherwise

allowed by the Director, a participant, to be
eligible to 
expend moneys appropriated from the
Fair and Exposition Fund 
for the purchase of new or additional land
construction or 
maintenance of buildings, grounds, facilities, infrastructure,

or any improvement to the grounds must hold
the land on which 
such fair or exposition is to be conducted as a fee or under
a 
lease of at least 20 years, the terms of which require the 
lessee to have
continuous possession of the land during every 
day of the lease period, or must be owned by the fair 
association participating in this disbursement, by an 
agricultural society, or by a fair and exposition authority.

(Source: P.A. 91-934, eff. 6-1-01.)

 



    (30 ILCS 120/20)  (from Ch. 85, par. 670)



    Sec. 20. Appropriations made from the Fair and Exposition 
Fund may be used
for
financing agricultural, educational, trade 
and
scientific
exhibits; for premium and award purposes as set 
forth in
subsections (a) through (e) of
Section 9; and for 
other expenses incurred by the fair that are directly
related 
to
the operation of the fair and approved by rule by the 
Department if the participant holds the land on which the fair 
or exposition is conducted as a fee or is under a lease of at 
least 20 years (the terms of which require the lessee to have 
continuous possession of the land during every day of the lease 
period), or is owned by the fair association participating in 
this disbursement, by an agricultural society, or by a fair and 
exposition authority, except as otherwise allowed by the 
Director.

    In addition, county fairs eligible to participate in the 
Fair and
Exposition Fund appropriation that hold the land on 
which the county fair is
conducted as a fee or under a lease of 
at least 20 years, the terms of which
require the lessee to 
have continuous possession of the land during every day
of the 
lease period, or as otherwise allowed by the Director, may be

reimbursed for expenditures for purchase of new or
additional 
land, construction or maintenance of buildings, facilities, 
grounds,
or infrastructure, or improvements to the grounds.

(Source: P.A. 91-934, eff. 6-1-01.)






Effective Date:  1/1/2006