SB1807 94TH GENERAL ASSEMBLY

LRB094 11114 LJB 42318 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1807

Introduced 2/25/2005, by Sen. Dan Rutherford

SYNOPSIS AS INTRODUCED:

20 ILCS 210/6

from Ch. 127, par. 1706

Amends the State Fair Act. Provides that schedules of admission fees for the Illinois State Fair and the DuQuoin State Fair are subject to the rulemaking procedures of the Illinois Administrative Procedure Act. Prohibits the Department from establishing any exception to paid admissions to the Illinois State Fair and the DuQuoin State Fair, except for (i) employees of the Department of Agriculture, the Illinois State Fair, or the DuQuoin State Fair; (ii) police and emergency services personnel; (iii) exhibitors, concessionaires, and entertainers; and (iv) members of organizations individually volunteering services directly to the Department of Agriculture, the Illinois State Fair, or the DuQuoin State Fair. Requires the Department to deliver to the General Assembly an annual report of the number of paid admissions on a daily basis and the number of paid admissions exceptions granted on a daily basis for both the Illinois State Fair and the DuQuoin State Fair. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Fair Act is amended by changing Section 6 as follows:

(20 ILCS 210/6) (from Ch. 127, par. 1706)

Sec. 6. Policies, procedures, and powers concerning the operation of fairs.

(a) Policies. The Department shall, pursuant to the Illinois Administrative Procedure Act, establish by rule:

(1) the policy for the operation of the Illinois State Fair and the DuQuoin State Fair, except those operations regarding contests as provided for in subparagraphs (b) and (c) of this Section, and

(2) the policies and procedures for the sale, barter, or exchange of tickets and for ticket refunds for cancelled events.

(b) Contests. The Department shall establish and make available, for all contestants and other interested persons, sufficient copies of a premium book or other publication that establishes the kinds and classes of events or exhibits for contests at the fairs, the conditions under which contestants shall be entered into contests, the qualification and disqualification requirements of contests, the drug testing requirements for contests (if applicable), the premiums to be offered to contest winners, the manner in which certificates of award shall be distributed and premiums paid to contest winners, the penalty for violations of a rule, condition, instruction, or directive, and requirements of contests, including but not limited to the return of all premiums paid, the forfeiture of awards, and the prohibition of participating in future contests, and all other rules and requirements for contests. These rules, conditions, instructions, directives, and requirements shall be exempt from the rulemaking procedures of the Illinois Administrative Procedure Act. All such publications issued by the Department that relate to a contest, event, or exhibit shall be maintained as a public record at the Department's principal office in Springfield, Illinois, and made available for public inspection and copying during regular business hours.

(c) Fees. The Department shall establish and publish for the Illinois State Fair and the DuQuoin State Fair a schedule of admission fees, entry fees, concession fees, space rentals and other fees for activities offered or provided at each State Fair. These schedules of fees shall be maintained as a public record at the Department's principal office in Springfield, Illinois, and made available for public inspection and copying during regular business, but shall be exempt from the rulemaking procedures of the Illinois Administrative Procedure Act, except that schedules of admission fees shall be subject to the rulemaking procedures of the Illinois Administrative Procedure Act.

Subject to the rulemaking procedures of the Illinois Administrative Procedure Act, the Department shall not establish any exception to paid admission to the Illinois State Fair or the DuQuoin State Fair unless the exception is for one of the following:

(1) An employee of the Department of Agriculture, the Illinois State Fair, or the DuQuoin State Fair.

(2) Police and emergency services personnel.

(3) Exhibitors.

(4) Concessionaires.

(5) Entertainers.

(6) Members of organizations individually volunteering services directly to the Department of Agriculture, the Illinois State Fair, or the DuQuoin State Fair. The Department shall prepare and deliver to the General Assembly an annual report including the number of paid admissions on a daily basis and the number of exceptions to paid admissions on a daily basis.

(d) Facilities. The Department may negotiate and enter into contracts for activities and use of facilities for which there is not an established or published schedule. The contract criteria shall be established by rule, pursuant to the Illinois Administrative Procedure Act. The Department may lease any of its facilities for activities during the State Fair.

(e) Advertising. The Illinois State Fair in Springfield and the DuQuoin State Fair shall have the power and authority to sell or exchange advertising rights in all of its publications and printed materials. The sale of advertising shall be subject to the rules promulgated by the Department, pursuant to the Illinois Administrative Procedure Act. All income derived from the sale of advertising at the Illinois State Fair in Springfield shall be deposited into the State Fair Fund. All income derived from the sale of advertising at the DuQuoin State Fair shall be deposited into the Agricultural Premium Fund.

(f) Veterans. On the day set aside as Veterans Day, honorably discharged veterans and members of their families shall be admitted without admission charge upon presentation of identification of any of the following: honorable discharge certificate, or photostatic copy thereof, or a paid up membership card in any recognized veterans organization.

(g) Government functions. The Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Comptroller, President and Minority Leader of the Senate, and Minority Leader of the House of Representatives shall be afforded space for official governmental functions, without charge, during the State Fair and the DuQuoin State Fair.

(Source: P.A. 93-1055, eff. 11-23-04.)

Section 99. Effective date. This Act takes effect upon becoming law.