S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6936

                            I N  S E N A T E

                            February 26, 2010
                               ___________

Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

AN  ACT  to amend the economic development law, in relation to providing
  matching funds for eligible applicants in the Suffolk county  agricul-
  tural marketing program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The economic development law is amended  by  adding  a  new
article 15 to read as follows:
                               ARTICLE 15
              SUFFOLK COUNTY AGRICULTURAL MARKETING PROGRAM
SECTION 280. DEFINITIONS.
        281. MATCHING FUNDS FOR ELIGIBLE APPLICANTS.
        282. APPLICATION PROCESS.
        283. PAYMENTS OF FUNDS TO ELIGIBLE APPLICANTS.
        284. REPORTING REQUIREMENTS.
  S  280. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS A DIFFERENT MEAN-
ING APPEARS FROM THE CONTEXT, THE FOLLOWING WORDS AND TERMS  SHALL  HAVE
THE FOLLOWING MEANINGS:
  1.  "ELIGIBLE APPLICANT" MEANS ANY NOT-FOR-PROFIT CORPORATION OR OTHER
NONPROFIT ORGANIZATION, ASSOCIATION, OR AGENCY  THAT  IS  DESIGNATED  BY
RESOLUTION  OF THE LEGISLATURE OF SUFFOLK COUNTY AS AN AGENCY AUTHORIZED
TO MAKE APPLICATION FOR AND RECEIVE GRANTS FOR THE PURPOSES SPECIFIED IN
THIS ARTICLE.
  2. "RECOGNIZED ADVERTISING" MEANS MEDIA  ADVERTISING  AND  PROMOTIONAL
MATERIALS  TO  BE  BROADCAST,  DISSEMINATED, OR OTHERWISE DISTRIBUTED IN
ACCORDANCE WITH A PLAN APPROVED BY THE COMMISSIONER.
  3. "COUNTY" MEANS SUFFOLK COUNTY.
  4. "COUNTY AGRICULTURAL MARKETING PROGRAM"  MEANS  THE  USE  OF  MEDIA
ADVERTISING AND PROMOTIONAL MATERIALS FOR PURPOSES OF MARKETING AGRICUL-
TURAL PRODUCTS OF SUFFOLK COUNTY.
  5.  "STRATEGIC  ALLIANCE"  MEANS  AN INFORMAL OR FORMAL ASSOCIATION OF
AGRICULTURAL PRODUCERS ESTABLISHED FOR THE  PURPOSE  OF  SOLVING  COMMON

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD16135-02-0

S. 6936                             2

PROBLEMS  AND  ENGAGING IN COOPERATIVE ACTIVITIES AND THAT IS CONSIDERED
TO BE CRITICAL TO THE AGRICULTURAL ECONOMY OF THE COUNTY.
  S  281.  MATCHING  FUNDS FOR ELIGIBLE APPLICANTS. THE COMMISSIONER, IN
FURTHERANCE OF THE  OBJECTIVES  OF  THE  COUNTY  AGRICULTURAL  MARKETING
PROGRAM,  IS  AUTHORIZED  TO MATCH FUNDS EXPENDED BY ELIGIBLE APPLICANTS
FOR THE PURPOSE OF IMPLEMENTATION OF THE COUNTY  AGRICULTURAL  MARKETING
PROGRAM  AS DEFINED IN SUBDIVISION FOUR OF SECTION TWO HUNDRED EIGHTY OF
THIS ARTICLE; PROVIDED, HOWEVER, THAT:
  1. NO SUCH MATCHING FUNDS SHALL EXCEED THE SUM OF FIVE  HUNDRED  THOU-
SAND DOLLARS OR FIFTY PERCENT OF THE TOTAL COST OF IMPLEMENTATION OF THE
COUNTY AGRICULTURAL MARKETING PROGRAM, WHICHEVER IS LESS;
  2.  NO  SUCH  MATCHING  FUNDS  SHALL BE USED FOR ADMINISTRATIVE COSTS,
INCLUDING SALARIES, ASSOCIATED WITH THE  IMPLEMENTATION  OF  THE  COUNTY
AGRICULTURAL MARKETING PROGRAM;
  3.  NO  SUCH  MATCHING FUNDS SHALL BE USED FOR THE DIRECT BENEFIT OF A
FOR-PROFIT AGRICULTURAL PRODUCER OR  MARKETER  UNLESS  SUCH  EXPENDITURE
SHALL  FURTHER  A  PUBLIC PURPOSE AND HAVE A CLEAR, LONG-TERM BENEFIT TO
THE COUNTY'S AGRICULTURAL ECONOMY.
  S 282. APPLICATION PROCESS.  1.  THE  COMMISSIONER  IS  AUTHORIZED  TO
ACCEPT  AND  SET REASONABLE DEADLINES FOR THE SUBMISSION OF APPLICATIONS
FOR EACH FISCAL YEAR COVERED BY APPROPRIATIONS IN ORDER TO  MATCH  FUNDS
EXPENDED BY ELIGIBLE APPLICANTS FOR THE PURPOSE OF THE IMPLEMENTATION OF
THE  COUNTY  AGRICULTURAL  MARKETING PROGRAM. IN REVIEWING AND SELECTING
APPLICATIONS FROM ELIGIBLE APPLICANTS FOR ASSISTANCE UNDER THIS PROGRAM,
THE COMMISSIONER SHALL ENSURE THAT EACH APPLICATION FOR SUCH FUNDS SHALL
HAVE THEREIN SET FORTH THE SCHEDULE, BUDGET, SCOPE,  AND  THEME  OF  THE
PROPOSED  COUNTY AGRICULTURAL MARKETING PROGRAM TO BE UNDERTAKEN FOR THE
PURPOSE OF ENCOURAGING AND STIMULATING AGRICULTURAL MARKETING WITHIN THE
COUNTY OF THE STATE.
  2. NOTHING SHALL LIMIT AN ELIGIBLE APPLICANT FROM  CREATING  A  COUNTY
AGRICULTURAL MARKETING PROGRAM WITH ANOTHER STATE, TERRITORY, PROTECTOR-
ATE, DEPENDENCY, OR COUNTRY.
  S  283.  PAYMENTS  OF FUNDS TO ELIGIBLE APPLICANTS. 1. UPON SUBMISSION
AND APPROVAL OF EACH APPLICATION AND THE AUTHORIZATION OF FUNDS  BY  THE
COMMISSIONER IN ACCORDANCE THEREWITH, THE COMMISSIONER SHALL GIVE NOTICE
TO  THE  ELIGIBLE APPLICANT OF SUCH APPROVAL AND AUTHORIZATION AND SHALL
DIRECT SUCH ELIGIBLE APPLICANT TO PROCEED WITH ITS PROPOSED AGRICULTURAL
MARKETING PROGRAM AS DESCRIBED IN ITS APPLICATION. UPON  THE  FURNISHING
OF  SATISFACTORY  EVIDENCE  TO  THE  DEPARTMENT  THAT THE LEGISLATURE OF
SUFFOLK COUNTY HAS ENCUMBERED FUNDS IN THE AMOUNT COMMITTED AND APPROVED
BY THE COMMISSIONER, THE STATE MATCHING FUNDS ALLOCATED TO SUCH ELIGIBLE
APPLICANT SHALL BE PAID, FROM THE FUNDS APPROPRIATED FOR  SUCH  PURPOSE,
PURSUANT  TO  THIS ARTICLE. ANY STATE FUNDS SO PAID MAY BE EXPENDED ONLY
ON A MATCHING BASIS AND ONLY  WITHIN  TWELVE  MONTHS  OF  SUCH  PAYMENT,
UNLESS AN EXTENSION OF TIME HAS BEEN REQUESTED AND, UPON SHOWING OF GOOD
CAUSE, GRANTED BY THE COMMISSIONER.
  2. NO ADVERTISING OR MARKETING FUNDED FOR THE PURPOSES OF THIS ARTICLE
SHALL  CONTAIN  REFERENCE  TO  OR THE NAME OF ANY PUBLIC OFFICIAL OF THE
STATE OF NEW YORK OR ITS POLITICAL  SUBDIVISIONS.  "REFERENCE"  INCLUDES
BUT  IS  NOT  LIMITED TO PHOTOGRAPHS, DRAWINGS, CARICATURES, QUOTATIONS,
INVITATIONS, SIGNATURES, ENDORSEMENTS, OR SOUND OR VIDEO RECORDINGS.
  S  284.  REPORTING  REQUIREMENTS.  1.  IN  ACCORDANCE  WITH  GENERALLY
ACCEPTED ACCOUNTING PRINCIPLES, EACH ELIGIBLE APPLICANT SHALL FURNISH AN
ANNUAL  FINANCIAL  STATEMENT  TO THE COMMISSIONER. SUCH REPORTS SHALL BE
SUBMITTED ON OR BEFORE JANUARY FIRST OF EACH YEAR.

S. 6936                             3

  2. THE DEPARTMENT SHALL ANNUALLY, ON OR BEFORE MARCH FIRST, SUBMIT  TO
THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF
THE ASSEMBLY A REPORT ON  THE  ACTIVITIES  OF  THE  COUNTY  AGRICULTURAL
MARKETING MATCHING FUNDS PROGRAM. SUCH REPORT SHALL INCLUDE A SUMMARY OF
THE FINANCIAL STATEMENTS RECEIVED BY THE DEPARTMENT FROM ELIGIBLE APPLI-
CANTS,  A  SUMMARY  OF  ACTIVITIES CONDUCTED BY ELIGIBLE APPLICANTS, AND
ANALYSES OF THE EFFECTIVENESS OF THE PROGRAM IN STIMULATING AGRICULTURAL
MARKETING. AS A PRODUCT OF SUCH ANALYSES, THE DEPARTMENT  SHALL  COMPILE
AND  DISSEMINATE  TO  EACH  ELIGIBLE APPLICANT A LIST AND DESCRIPTION OF
BEST PRACTICES IN ORDER TO FURTHER PROMOTE  AND  ENCOURAGE  AGRICULTURAL
MARKETING  IN THE STATE AND THE EXPANSION AND DEVELOPMENT OF NEW MARKETS
FOR NEW YORK AGRICULTURAL PRODUCTS.
  S 2. This act shall take effect immediately.