senate Bill S2384

Signed By Governor
2013-2014 Legislative Session

Relates to licensure of exhibits or entertainment on fair grounds

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Archive: Last Bill Status Via A5360 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 17, 2014 signed chap.488
Dec 05, 2014 delivered to governor
Jun 17, 2014 returned to assembly
passed senate
3rd reading cal.1429
substituted for s2384
Jun 17, 2014 substituted by a5360
ordered to third reading cal.1429
committee discharged and committed to rules
Jan 08, 2014 referred to agriculture
Jan 17, 2013 referred to agriculture

Votes

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S2384 - Bill Details

See Assembly Version of this Bill:
A5360
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §290, Ag & Mkts L; amd §1409, N-PC L
Versions Introduced in 2011-2012 Legislative Session:
S5641A, A8329A

S2384 - Bill Texts

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Relates to licensure of exhibits or entertainment on fair grounds.

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BILL NUMBER:S2384

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 fox
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: S5641-A of 2012 - 3rd Reading

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
________________________________________________________________________

                                  2384

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

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.
                                                           LBD05849-01-3

S. 2384                             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 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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