2023 Illinois Compiled Statutes › Chapter 30 - FINANCE › 30 ILCS 120/ - Agricultural Fair Act.

(30 ILCS 120/1) (from Ch. 85, par. 651)
Sec. 1. 
		
		
		This Act may be cited as the Agricultural Fair Act.
(Source: P.A. 77-1208.)
(30 ILCS 120/2) (from Ch. 85, par. 652)
Sec. 2. 
		
		When used in this Act,
"Department" means Department of Agriculture.
"County fair" means a fair sponsored by a fair association or
agricultural society.
"Director" means the Director of the Department of Agriculture.
"Junior exhibitor" means an exhibitor whose age is within limits
established by Department rule.
(Source: P.A. 91-934, eff. 6-1-01.)
(30 ILCS 120/3) (from Ch. 85, par. 653)
Sec. 3. 
		
		
		A county fair in order to be eligible to receive state funds from the
Agricultural Premium Fund must have held annual fairs or have been
organized for that purpose prior to July 1, 1971 and at that time be
eligible to participate in programs under Section 28 of "An Act in relation
to State finance".
If no county fair within a county meets the requirements set forth in
this Section, the county board may by resolution designate an existing
county fair to be the participant in such programs, and shall notify the
Department of its action.
(Source: P.A. 77-1208.)
(30 ILCS 120/4) (from Ch. 85, par. 654)
Sec. 4. 
		
		
		The Department has the power to make rules and regulations as may be
necessary in order to carry out the provisions of this Act. The provisions
of the rules and regulations shall not be inconsistent with the provisions
of this Act.
(Source: P.A. 77-1208.)
(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. 102-699, eff. 4-19-22.)
(30 ILCS 120/6) (from Ch. 85, par. 656)
Sec. 6. 
After August 20, 1971, the General Assembly and the
Director shall approve the organization of new county fairs that shall
be established for the purpose of holding annual fairs, provided that an
element of such approval shall be an appropriation 
authorizing such fairs' participation in the disbursements provided for
in this Act.
(Source: P.A. 102-699, eff. 4-19-22.)
(30 ILCS 120/7) (from Ch. 85, par. 657)
Sec. 7. 
		
		
		The Department may deny any county fair participation in the programs
provided in this Act for violation of any part of the Act and for failure
to comply with the rules and regulations as provided for in this Act.
If a county fair eligible to participate in the appropriations made
under this Act does not hold a fair for 2 consecutive years, unless failure
to hold a county fair is due to an act of God or war, it shall be
ineligible to participate in the programs provided in this Act until the
county board designates it as the county fair in that county to be eligible
to receive disbursements from an appropriation under this Act.
(Source: P.A. 77-1208.)
(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. 94-261, eff. 1-1-06.)
(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. 102-699, eff. 4-19-22.)
(30 ILCS 120/10.1) (from Ch. 85, par. 660.1)
Sec. 10.1. 
		
		Fairs with approved state aid claims exceeding both their authorized
base and the grant provided for in subsection (c) of Section 10 of this Act,
hereinafter referred to as eligible claims, shall receive a special appropriation
from the Growth Incentive Program as provided in this Section.  If the total
amount of eligible claims
is equal to or less than the amount appropriated for the Growth Incentive
Program, then each participating fair shall receive the amount of its eligible
claim.  Should the total amount of all such eligible claims exceed the monies
appropriated for this program, the amount appropriated shall be distributed
to the several participating fairs in proportion to the total amounts of
their respective eligible claims.  If, after all approved claims are paid,
any amount remains in the special appropriation for this program, that remaining
amount shall become a part of the grant program for all county fairs as
provided for in subsection (c) of Section 10 of this Act.
(Source: P.A. 81-159.)
(30 ILCS 120/12) (from Ch. 85, par. 662)
Sec. 12. On or 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. 94-261, eff. 1-1-06.)
(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. 102-699, eff. 4-19-22.)
(30 ILCS 120/14) (from Ch. 85, par. 664)
Sec. 14. 4-H.
(a) University of Illinois extension units that conduct at least
one show
or exhibition of the eligible members' project work approved by the State 4-H Office and that pay premium moneys, 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
 shall participate at a rate predetermined by the Bureau

per eligible member for the year as recorded in the State 4-H
Office.
(b) Premium payments.  The extension leader of each county or unit shall certify to the State 4-H Officer under oath on a form furnished by the Department the projected amount to be paid out in premiums per exhibitor at the show or exhibition for the current fair season and the name of the officer or organization making those projections.  The certification shall be based upon the certified number of eligible 4-H members from the previous 4-H year, reported to the Department as of December 31 of that year. Upon receipt of the certification the Department shall make payment to the officer or organization in accordance with the provisions of this Section.
(c) Reimbursement for judges' fees and ribbons. The extension leader of each county

or unit shall certify to the State
4-H Officer under oath on a form furnished by the
Department the amount paid out in judges' fees and ribbons at the show or exhibition for the
current fair season and the name of the officer or organization making the
payments. 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.
(d) Subject to continued appropriation and availability of cash.  All extension publications stating that cash premiums will be awarded shall recite that awards are subject to modification or cancellation in any year for which the General Assembly fails to make an appropriation to fund the premiums.
(Source: P.A. 97-214, eff. 7-28-11.)
(30 ILCS 120/15) (from Ch. 85, par. 665)
Sec. 15. 
		(Repealed).
(Source: P.A. 81-159.  Repealed by P.A. 91-934, eff. 6-1-01.)
(30 ILCS 120/16) (from Ch. 85, par. 666)
Sec. 16. Agricultural education.
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. The Department

shall designate the sections of the State for Agricultural Education

Fairs. These fairs shall participate in an appropriation at a
rate designated by the Bureau that is in compliance with the current year's appropriation for each section holding an Agricultural Education Section Fair or Fairs during the current year.
Such monies are to be paid as premiums
awarded to agricultural education 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.
Within
30 days after the close of the fair, a section fair manager as designated by the Department

shall certify to the
Department under oath on forms furnished by the Department a
detailed report of premium awards showing all premiums awarded to agricultural education students at that fair. Warrants shall be issued by the
State Comptroller payable to the agricultural education teacher or teachers 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 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.
For State fiscal year 2020 only, any section unable to hold an Agricultural Education Section Fair or Fairs shall receive all funds appropriated, at the rate designated by the Bureau of County Fairs, for the purpose of issuing premiums awarded to agricultural education students. Warrants shall be issued by the State Comptroller payable to the agricultural education teacher or teachers on vouchers certified by the Department.
(Source: P.A. 101-636, eff. 6-10-20.)
(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 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 Fair and Exposition Authority shall transfer all remaining funds to the county fair in such county within 30 days of the effective date of this amendatory Act of the 99th General Assembly. Upon the transfer of such funds to the county fair, the terms of the Authority's members shall terminate and the Authority shall cease to exist.
(Source: P.A. 99-183, eff. 7-29-15.)
(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. 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. 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. 99-183, eff. 7-29-15.)
(30 ILCS 120/19) (from Ch. 85, par. 669)
Sec. 19. 
		
		Each year, beginning in State fiscal year 2001, each county fair
or Fair and Exposition Authority that received moneys from the Fair and
Exposition Fund during State fiscal year 2000 shall receive from that Fund
an amount equal to that received in State fiscal year 2000.  If an
eligible county fair elects to begin participation in an appropriation from the
Fair and Exposition Fund in State fiscal year 2001 or thereafter, an additional
amount shall be appropriated not to exceed an amount equal to the number
representing the last official census of that county multiplied by the amount
determined by dividing the amount appropriated for State fiscal year 2000 by
the total official census of
those counties that participated in State fiscal year 2000, except that no
county
fair shall receive an amount greater than the largest amount received by a
county fair or Fair and Exposition Authority in 2000.  In the event a county
has more
than one fair participating in such appropriation, that county's share shall be
divided equally among them.
(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.
(Source: P.A. 94-261, eff. 1-1-06.)
(30 ILCS 120/21) (from Ch. 85, par. 671)
Sec. 21. 
		(Repealed).
(Source: P.A. 87-1219.  Repealed by P.A. 91-934, eff. 6-1-01.)
(30 ILCS 120/21.5)
Sec. 21.5. 
		
		No county fair shall qualify for disbursements made by the
Department from an appropriation made under the provisions of this Act unless
it
notifies 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 notification shall state the following:  the
facts
of its organization, location, officers, dates of exhibitions, approximate
amount of premiums to be offered and the estimated amounts to be expended, and
the purpose for the expenditures.  Before the end of the calendar year
following
the expenditure, each participant receiving money shall make an
accounting of it to the Director.
(Source: P.A. 91-934, eff. 6-1-01.)
(30 ILCS 120/22) (from Ch. 85, par. 672)
Sec. 22. 
		
		No appropriation made under the provisions of this Act shall be used for
the payment of the salary of any officer or employee of any fair.
(Source: P.A. 91-934, eff. 6-1-01.)