Senate Bill S8738

2019-2020 Legislative Session

Relates to preserving premium reimbursement eligibility for fairs and expositions which are unable to have events due to the outbreak of COVID-19

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 13, 2020	referred to rules

2019-S8738 (ACTIVE) - Details

See Assembly Version of this Bill:: A10663
Current Committee:: Senate Rules
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §286, Ag & Mkts L
Versions Introduced in 2021-2022 Legislative Session:: S5481, A3832

2019-S8738 (ACTIVE) - Summary

Preserves premium reimbursement eligibility for organizations which are unable to have fairs or expositions due to the outbreak of COVID-19.

2019-S8738 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8738

SPONSOR: SEWARD
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to preserv-
ing premium reimbursement eligibility for fairs and expositions which
are unable to have events due to the outbreak of COVID-19

 
PURPOSE:

Currently, agricultural fairs only qualify for premium reimbursement if
they held a fair in the previous calendar year. As more and more fairs
across New York State make the difficult decision to cancel for 2020,
this legislation will ensure they remain eligible for financial support
in 2021.

 
SUMMARY OF PROVISIONS:

Section one of this legislation amends Subdivision 1 of Section 286 of
the Agriculture & Markets Law by adding a new paragraph b. This new

paragraph allows for the annual 2021-2022 state fiscal year appropri-
ation for the Department of Agriculture & Markets for the purpose of
paying and satisfying reimbursement moneys, be in proportion to the
actual premiums paid in 2019.

Section two adds a new paragraph d to Subdivision 2 of Section 286 of
the Agriculture & Markets Law. This new paragraph ensures all organiza-
tions that would otherwise be eligible to receive moneys appropriated by
the State pursuant to this subdivision, will not be deemed ineligible
for premium reimbursement because of a failure to hold an event due to
COVID-19, during the previous calendar year.

Section three amends Subdivision 4 of Section 286 of the Agriculture &
Markets Law by explicitly listing COVID-19 as a justifiable cause or
condition for failure to hold an annual event that cannot be counted
against an organization for neglecting to hold an annual fair or exposi-
tion and file its annual report for two consecutive years.

Section four reappropriates any moneys from state fiscal year 2020-2021,
not disbursed pursuant to Section 286 of the Agriculture & Markets Law,
for the same purpose in state fiscal year 20212022.

Section five provides for an immediate effective date.

 
JUSTIFICATION:

Our county and local agricultural fairs are the epitome of summer in
upstate New York. Not only do these events provide skills development
opportunities for youth and showcase local agriculture to the public but
they are also affordable, family-friendly activities close to home that
deliver an economic boost to local communities.  However, as we have
witnessed these last few months, there is no facet of our society that
the COVID-19 pandemic has not affected, and the 2020 fair season is no
exception. Out of an abundance of caution, many of our fair boards and
organizations have made the difficult decision to cancel their 2020
events to protect the health and safety of the public as well as their
participants and exhibitors.

While the decision to cancel these annual summertime traditions has left
many disappointed, it also jeopardizes the ability of fair boards and
organizations to receive premium reimbursement funding from New York
State for their events next year. Currently, under Agriculture and
Markets Law, agricultural fairs only qualify for annual premium
reimbursement if they held a fair in the previous calendar year.

Premium reimbursement is vital for fair boards and organizations to
incentivize the participation of exhibitors and to award them for show-
casing their best agricultural goods. This legislation would ensure the
bodies that decided to cancel their 2020 fairs due to COVID-19, will
remain eligible for financial support in 2021 and will be able to once
again feature the State's unique, agricultural heritage.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

This legislation does not include any new appropriations.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8738 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8738
 
                             I N  S E N A T E
 
                               July 13, 2020
                                ___________
 
 Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the agriculture and markets law, in relation to preserv-
   ing premium reimbursement eligibility for fairs and expositions  which
   are unable to have events due to the outbreak of COVID-19
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 286 of the agriculture and markets
 law, as amended by chapter 600 of the laws of 2019, is amended  to  read
 as follows:
   1.  (A)  There  shall  be appropriated annually for the department [of
 agriculture and markets] an amount of money sufficient to pay and satis-
 fy the reimbursement moneys herein specified and which  money  shall  be
 disbursed  by  the commissioner on behalf of the state for the promotion
 of agriculture and domestic arts, to duly incorporated  agricultural  or
 horticultural  corporations  as defined in section fourteen hundred nine
 of the not-for-profit corporation  law,  the  county  extension  service
 association  in the county of Orange, the American institute in the city
 of New York, the Goshen Historic Track, Inc., the Genesee Valley  Breed-
 ers'  Association,  Inc.  and  county  extension service associations in
 proportion to the actual premiums paid during the previous year  includ-
 ing  premiums paid for trials or tests of speed and endurance of harness
 horses.
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  THE
 ANNUAL  APPROPRIATION MADE FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND
 TWENTY-TWO STATE FISCAL YEAR FOR  THE  DEPARTMENT  FOR  THE  PURPOSE  OF
 PAYING AND SATISFYING REIMBURSEMENT MONEYS SHALL BE IN PROPORTION TO THE
 ACTUAL PREMIUMS PAID DURING TWO THOUSAND NINETEEN.
   §  2.  Subdivision 2 of section 286 of the agriculture and markets law
 is amended by adding a new paragraph (d) to read as follows:
   (D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  ALL
 ORGANIZATIONS  OTHERWISE  ELIGIBLE TO RECEIVE MONEYS APPROPRIATED BY THE
 STATE PURSUANT TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION  SHALL  NOT
 BE  DEEMED  INELIGIBLE FOR PREMIUM REIMBURSEMENT BECAUSE OF A FAILURE TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16555-03-0

 S. 8738                             2
 
 HOLD A FAIR OR EXPOSITION DURING THE PREVIOUS CALENDAR YEAR DUE  TO  THE
 COVID-19 PANDEMIC.
   §  3. Subdivision 4 of section 286 of the agriculture and markets law,
 as amended by chapter 600 of the laws of 2019, is  amended  to  read  as
 follows:
   4.  Any organization that shall fail or neglect to hold an annual fair
 or exposition and file its annual  report  for  two  consecutive  years,
 shall forfeit any privileges or money to which it may otherwise be enti-
 tled pursuant to the provisions of this article. In computing such peri-
 od  of  two  consecutive  years,  no year shall be counted in which such
 failure was deemed by the commissioner to be attributable to a cause  or
 condition  with  respect  to  which the organization or its directors or
 officers had no control, INCLUDING BUT NOT LIMITED TO  THE  OUTBREAK  OF
 NOVEL  CORONAVIRUS,  COVID-19, or for any other reason which the commis-
 sioner deems justified.
   § 4. Notwithstanding any provision of law to the contrary, any  moneys
 appropriated  in the state fiscal year 2020-2021 pursuant to section 286
 of the agriculture and markets law which have not been  disbursed  shall
 be  reappropriated  for  the  same  purpose  in  the  state  fiscal year
 2021-2022.
   § 5. This act shall take effect immediately.

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Senate Bill S8738

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

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2019-S8738 (ACTIVE) - Details

2019-S8738 (ACTIVE) - Summary

2019-S8738 (ACTIVE) - Sponsor Memo

2019-S8738 (ACTIVE) - Bill Text download pdf

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Sponsored By

James L. Seward

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2019-S8738 (ACTIVE) - Details

2019-S8738 (ACTIVE) - Summary

2019-S8738 (ACTIVE) - Sponsor Memo

2019-S8738 (ACTIVE) - Bill Text download pdf

Comments