senate Bill S5641A

2011-2012 Legislative Session

Relates to licensure of exhibits or entertainment on fair grounds

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
restored to third reading
substitution reconsidered
Jun 20, 2012 substituted by a8329a
May 31, 2012 amended on third reading 5641a
Mar 12, 2012 advanced to third reading
Mar 07, 2012 2nd report cal.
Mar 06, 2012 1st report cal.289
Jan 04, 2012 referred to agriculture
Jun 08, 2011 referred to agriculture

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S5641 - Bill Details

See Assembly Version of this Bill:
A8329A
Current Committee:
Senate Rules
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §290, Ag & Mkts L; amd §1409, N-PC L

S5641 - Bill Texts

view summary

Relates to licensure of exhibits or entertainment on fair grounds.

view sponsor memo
BILL NUMBER:S5641

TITLE OF BILL:
An act
to amend the agriculture and markets law and the not-for-profit
corporation law, in relation to licensure of exhibits or entertainment
on fair grounds

PURPOSE:
This bill amends the agriculture and markets law relation to
the powers of association of farmers pertaining to the use of
agricultural fairgrounds and the not for profit corporation law in
relation to exhibitions and entertainments on fair grounds.

SUMMARY:
Section one amends the agriculture and markets law to clarify
that association of farmers are able to host exhibitions and events
on their fairgrounds in addition to those hosted during fair week.

Section two amends the not for profit corporation law to clarify that
agricultural fairgrounds can be used for exhibitions and events in
addition to fair week without the unnecessary involvement of local
governments, except in instances to protect the public health and
safety.

JUSTIFICATION:
This bill would remove the confusion
that currently
exists with regard to the authority of local municipalities over
activities on county fairgrounds. An agricultural or horticultural
corporation is a not-for-profit entity established for the purpose of
educating the general public about the agricultural industry and is
run and maintained by the local association of farmers. To accomplish
this mission, organization's board of directors must generate revenue
throughout the year to sustain operations to carry out its principal
mission. This need was anticipated and the not for profit corporation
law specifically exempts exhibitions and entertainments on fair
grounds from laws or ordinances imposed by local governments. Current
law exempts exhibitions or entertainments from the provisions of any
special or local law or municipal ordinance. However, the reference
to payment of a license fee adds confusion to the statute.

This confusion is best demonstrated in a lawsuit brought by the
village of Caledonia against the Livingston County Agricultural
Society and Fair in 2010. The judge in the decision noted that where
the wording of a statute is unclear it is up to the judiciary to
interpret what the legislature intended. This amendment eliminates
such confusion by clarifying language pertaining to the payment of a
license fee as well as the powers of association of farmers.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPACT:
None to the State.


EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  5641

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 8, 2011
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law and  the  not-for-profit
  corporation law, in relation to licensure of exhibits or entertainment
  on fair grounds

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

  Section 1. Section 290 of the agriculture and markets law  is  amended
to read as follows:
  S 290. Association  of farmers; powers of. Any association of farmers,
residing in any neighborhood, town or county  in  this  state,  now,  or
hereafter  to  be organized, and acting under a constitution and by-laws
adopted by themselves for their guidance, which shall be  filed  in  the
clerk's  office  of  such  town or county and which are not inconsistent
with the laws of this state, is hereby authorized to lease and  maintain
grounds  and  structures  for the exhibition and sale of the products of
their farms or their skill, and for the instruction  and  recreation  of
its  members  and visitors. Any such association shall have authority to
let, for rent, locations on their leased grounds to EXHIBITIONS,  ENTER-
TAINMENTS,  shopmen and persons wishing to furnish suitable refreshments
for victualing members and visitors OR FOR STORAGE OF PERSONAL  PROPERTY
WHEN  PROPERTY  IS  AVAILABLE  FOR SUCH ACTIVITY; to license peddlers to
sell on their grounds articles of merchandise, not forbidden to be  sold
by any law of this state without license from the state; and in the name
of  such  association and upon the action and direction of its officers,
to sue for and collect the stipulated sums of such rentals and licenses,
and to enforce the observance  of  its  rules  and  regulations  by  the
several  members  of  its  association.  And  such association is hereby
empowered to issue certificates  of  indebtedness  in  amounts  of  five
dollars  each,  providing that the whole amount shall not exceed the sum
of one thousand dollars, which they may sell at a price  not  below  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13022-01-1

S. 5641                             2

par  value thereof, for the purpose of raising money for the erection of
buildings, or for such other improvements as may be deemed necessary  by
a majority of the members of such association.
  S  2.  Paragraph (k) of section 1409 of the not-for-profit corporation
law is amended to read as follows:
  (k) Exhibitions and entertainments on fair grounds to be  exempt  from
license.
  The  provisions  of  any  special or local law or municipal ordinance,
requiring the payment of a license fee for exhibitions or entertainments
OR REQUIRING THAT AN APPROVAL BE OBTAINED  FROM  ANY  LOCAL  GOVERNMENT,
EXCEPT  AN  APPROVAL  REQUIRED  TO  PROTECT THE PUBLIC HEALTH OR SAFETY,
shall not apply to any exhibition or entertainment held on  the  grounds
of a town or county corporation whether or not the corporation derives a
pecuniary  profit  from such exhibition or entertainment by the lease of
its grounds for such purpose AND THE PROVISIONS OF ANY SPECIAL OR  LOCAL
LAW  OR  MUNICIPAL ORDINANCE SHALL NOT BE CONSTRUED OR APPLIED TO UNREA-
SONABLY PROHIBIT OR RESTRICT ANY AGRICULTURAL  OR  HORTICULTURAL  CORPO-
RATION  RECEIVING  REIMBURSEMENT  PURSUANT TO ARTICLE TWENTY-FOUR OF THE
AGRICULTURE AND MARKETS LAW FROM THE  CONSTRUCTION,  IMPROVEMENT,  RENO-
VATION,  RELOCATION  OR  DEMOLITION  OF  ALL  OR ANY OF SUCH CORPORATION
GROUNDS, BUILDINGS AND FACILITIES.
  S 3. This act shall take effect immediately.

Co-Sponsors

S5641A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8329A
Current Committee:
Senate Rules
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §290, Ag & Mkts L; amd §1409, N-PC L

S5641A (ACTIVE) - Bill Texts

view summary

Relates to licensure of exhibits or entertainment on fair grounds.

view sponsor memo
BILL NUMBER:S5641A REVISED 06/01/12

TITLE OF BILL:
An act
to amend the agriculture and markets law and the not-for-profit
corporation law, in relation to licensure of exhibits or entertainment
on fair grounds

PURPOSE OR GENERAL IDEA:
This bill would modify the agriculture and
markets law relating to the powers of association of farmers
pertaining to the use of agricultural fairgrounds, as well as the not
for profit corporation law to clarify the relationship between
exhibitions or entertainments on fair grounds and local laws or
municipal ordinances.

SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the agriculture and markets law to clarify that any
association of farmers may lease their grounds for exhibitions and
events, in addition to similar activities currently permitted, as
well as to provide that any association of farmers may lease such
grounds for the storage of personal property for profit.

Section two amends the not-for-profit corporation law to provide that
agricultural and horticultural societies are exempt from local
ordinances requiring an approval, except those requiring an approval
to protect the safety, health, and well-being of persons, in addition
to the current exemption from licensing fees. Section two further
provides that agricultural and horticultural societies are exempt
from unreasonably prohibitive or restrictive local ordinances that
govern certain construction and maintenance activities on fairgrounds.

Section three provides the enactment date.

JUSTIFICATION:
Agricultural or horticultural corporations are not-far-profit entities
that organize their respective annual county fairs, for the promotion
of their county or region's agriculture industry. This important
mission dates back to the late nineteenth century and requires
aggressive efforts by the organization's board of directors in
generating revenue throughout the year, to sustain operations and to
carry out its principal mission. Written at the turn of the last
century, the not-for-profit corporation law addressed this need by
establishing protections against certain financial burdens.
Currently, this law exempts exhibitions or entertainments from the
provisions of any special or local law or municipal ordinance that
would impose a fee. With the numerous changes in how ordinances are
imposed in the last century, and specifically during a time of
economic difficulty, these protections need to be updated.

Accordingly, this bill would exclude agricultural and horticultural
societies from local ordinances requiring an approval, except those
requiring an approval to protect the safety, health, and well-being
of persons. This bill would also exempt such societies from local
ordinances that govern the construction, improvement, renovation,
relocation, or demolition of grounds, buildings, and facilities in an
unreasonably prohibitive or restrictive manner. Finally, this bill
would clarify that any association of farmers may lease their grounds
for exhibitions and entertainments as well as for the storage of
personal property for profit.

The annual county fairs are vital for the New York State agriculture
industry. This is a timely bill that would afford needed protections
to agricultural and horticultural societies, as well as associations
of farmers, which will in turn continue to promote a strong and
prosperous agriculture industry in New York State.

PRIOR LEGISLATIVE HISTORY:
This is new legislation.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 5641--A
    Cal. No. 289

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 8, 2011
                               ___________

Introduced by Sens. RITCHIE, GALLIVAN -- read twice and ordered printed,
  and  when  printed  to be committed to the Committee on Agriculture --
  recommitted to the Committee on Agriculture in accordance with  Senate
  Rule  6,  sec. 8 -- reported favorably from said committee, ordered to
  first and second report, ordered  to  a  third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

AN  ACT  to amend the agriculture and markets law and the not-for-profit
  corporation law, in relation to licensure of exhibits or entertainment
  on fair grounds

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

  Section  1.  Section 290 of the agriculture and markets law is amended
to read as follows:
  S 290. Association of farmers; powers of. Any association of  farmers,
residing  in  any  neighborhood,  town  or county in this state, now, or
hereafter to be organized, and acting under a constitution  and  by-laws
adopted  by  themselves  for their guidance, which shall be filed in the
clerk's office of such town or county and  which  are  not  inconsistent
with  the laws of this state, is hereby authorized to lease and maintain
grounds and structures for the exhibition and sale of  the  products  of
their  farms  or  their skill, and for the instruction and recreation of
its members and visitors. Any such association shall have  authority  to
let,  for rent, locations on their leased grounds to EXHIBITIONS, ENTER-
TAINMENTS, shopmen and persons wishing to furnish suitable  refreshments
for  victualing members and visitors OR FOR STORAGE OF PERSONAL PROPERTY
WHEN PROPERTY IS AVAILABLE FOR SUCH ACTIVITY;  to  license  peddlers  to
sell  on their grounds articles of merchandise, not forbidden to be sold
by any law of this state without license from the state; and in the name
of such association and upon the action and direction of  its  officers,
to sue for and collect the stipulated sums of such rentals and licenses,
and  to  enforce  the  observance  of  its  rules and regulations by the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13022-04-2

S. 5641--A                          2

several members of its  association.  And  such  association  is  hereby
empowered  to  issue  certificates  of  indebtedness  in amounts of five
dollars each, providing that the whole amount shall not exceed  the  sum
of  one  thousand  dollars, which they may sell at a price not below the
par value thereof, for the purpose of raising money for the erection  of
buildings,  or for such other improvements as may be deemed necessary by
a majority of the members of such association.
  S 2. Paragraph (k) of section 1409 of the  not-for-profit  corporation
law is amended to read as follows:
  (k)  Exhibitions  and entertainments on fair grounds to be exempt from
license.
  The provisions of any special or local  law  or  municipal  ordinance,
requiring the payment of a license fee for exhibitions or entertainments
OR  REQUIRING  THAT  AN  APPROVAL  BE OBTAINED FROM ANY LOCAL GOVERNMENT
EXCEPT AN APPROVAL REQUIRED TO PROTECT THE SAFETY, HEALTH AND WELL-BEING
OF PERSONS, shall not apply to any exhibition or entertainment  held  on
the  grounds  of  a town or county corporation whether or not the corpo-
ration derives a pecuniary profit from such exhibition or  entertainment
by  the  lease of its grounds for such purpose AND THE PROVISIONS OF ANY
SPECIAL OR LOCAL LAW OR MUNICIPAL ORDINANCE SHALL NOT  BE  CONSTRUED  OR
APPLIED  TO UNREASONABLY PROHIBIT OR RESTRICT ANY AGRICULTURAL OR HORTI-
CULTURAL CORPORATION RECEIVING REIMBURSEMENT PURSUANT TO  ARTICLE  TWEN-
TY-FOUR  OF  THE  AGRICULTURE  AND  MARKETS  LAW  FROM THE CONSTRUCTION,
IMPROVEMENT, RENOVATION, RELOCATION OR DEMOLITION OF ALL OR ANY OF  SUCH
AGRICULTURAL OR HORTICULTURAL CORPORATION GROUNDS, BUILDINGS AND FACILI-
TIES.
  S 3. This act shall take effect immediately.

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