NY State Senate Bill 2021-S6868

Archive: Last Bill Status - In Senate Committee Agriculture 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
Jan 05, 2022	referred to agriculture
May 19, 2021	referred to agriculture

2021-S6868 (ACTIVE) - Details

See Assembly Version of this Bill:: A7413
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §323-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2023-2024: S2407, A7457
2025-2026: S4755, A338

2021-S6868 (ACTIVE) - Summary

Establishes the farm ownership succession planning program to provide farm owners with a succession planning toolkit that can be used by such farm owners who plan on selling or closing their farm.

2021-S6868 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6868

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to estab-
lishing the farm ownership succession planning program (FOSPP)

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill establishes a farm ownership succession program and resources
to assist current farmers who are planning on retiring, selling or
ending their farming operations in order to ensure that farming oper-
ations can be continued by new owners. The program is also charged with
outreach to minority communities to help increase the number of minority
farmer owners in New York State.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: The Agriculture and Markets Laws is amended by adding a new
section 323-a to create the Farm Ownership Succession Planning Program

(FOSPP) within the department of agriculture and markets and in conjunc-
tion with the department of economic development and the department of
financial services.

Outlines a list of resources to be made available to farm owners to
assist them in securing new farm ownership and lists other resources
that can help prospective farm owners.

Requires the department of economic development and the department of
financial services to also Make resources available to both farm owners
and prospective buyers. Establishes a multistate marketing effort to
increase the pool of prospective buyers and establishes a diversity in
farming and farm ownership succession planning advisory task force to
ensure the FOSPP is reaching out to prospective farmers and farming
entrepreneurs who are from the list of protected classes in New York
State law.

Sets deadlines for specific actions including dates for selection of
members of the advisory task force and for submission of required
outreach plan under FOSPP.

Section 2: This act shall take effect immediately.

 
FISCAL IMPLICATIONS:

None.

 
JUSTIFICATION:

Major demographic changes are impacting every sector of the American
economy and farming is included. Small and family owned and operated
farms have had their share of economic hardships with interstate and
global competition impacting the profitability and interest in small
scale farming. As many current farmers are at retirement age and with
that trend expected to continue, it is important for New York State to
put in place a farm ownership succession program to help these farmers
keep their lands in the agriculture sector when they decide to sell off
their farms, farmlands and their farming assets.  Establishing the farm
owner succession planning program(FOSPP) as outlined in this proposed
legislation will help these hardworking New Yorkers secure the smooth
sale of their operations, help identify prospective buyers and provide
both with the wealth of information on state programs that are in place
to help farmers.

As importantly, the FOSPP program acknowledges that the changing demo-
graphics of our state and nation is seeing a decline in caucasian popu-
lation with dramatic increases in minority populations. To ensure that
these groups have the ability to compete for farming opportunities and
become farm owners, the FOSPP puts in place outreach mechanisms guided
by a required marketing plan that will be shaped by a required diversity
in the farming advisory board. Out of more than 56,000 farms in New York
State, less than 800 are owned by Hispanic, Black, Asian and Native
Americans. This legislation seeks to compile the list of all the
resources available to farmers and related regulations into a tool kit
that will help both the farmer and the prospective farmer understand
their options, risks and opportunities.

A strong and well carried out farm ownership succession planning program
will help current farmers sell their assets to meet their best interests
while helping to increase the diversity of farm ownership, ensure that
farmland is maintained as such, and will support farming communities by
helping to maintain farming operations and their positive economic
impact in those communities.

 
PRIOR LEGISLATIVE HISTORY:

New Legislation

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6868 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6868
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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, in relation  to  estab-
   lishing the farm ownership succession planning program (FOSPP)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The agriculture and markets law is amended by adding a  new
 section 323-a to read as follows:
   §  323-A.  FARM  OWNERSHIP SUCCESSION PLANNING PROGRAM. 1. THE COMMIS-
 SIONER, IN CONJUNCTION WITH THE DEPARTMENT OF ECONOMIC  DEVELOPMENT  AND
 THE DEPARTMENT OF FINANCIAL SERVICES, SHALL ESTABLISH THE FARM OWNERSHIP
 SUCCESSION  PLANNING  PROGRAM  (HEREINAFTER REFERRED TO AS "THE FOSPP").
 SUCH PROGRAM SHALL BE ESTABLISHED BY AUGUST FIRST, TWO THOUSAND  TWENTY-
 TWO  AND  HOLD ITS FIRST FORUM NO LATER THAN OCTOBER FIRST, TWO THOUSAND
 TWENTY-TWO.
   2. THE FOSPP SHALL PROVIDE FARM  OWNERS  WITH  A  SUCCESSION  PLANNING
 TOOLKIT THAT CAN BE USED BY SUCH FARM OWNERS WHO ARE PLANNING ON SELLING
 OR  CLOSING  THEIR  FARM. SUCH TOOLKIT SHALL INCLUDE, BUT NOT BE LIMITED
 TO, THE FOLLOWING:
   (A) FINANCIAL RESOURCES AVAILABLE TO PROSPECTIVE FARMERS INTERESTED IN
 BUYING FARMS AND FARMLAND FOR THE PURPOSE OF FARMING;
   (B) AN ITEMIZED LIST OF ALL  FARMING  RELATED  EDUCATION  AND  SUPPORT
 PROGRAMS  IN PLACE AT PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER LEARNING
 IN THE STATE;
   (C) A LIST OF STATE SUPPORTED ECONOMIC DEVELOPMENT FUNDING FOR FARMING
 AND FOR SUSTAINING FARMING;
   (D) A LIST OF ORGANIZATIONS WITHIN THE STATE AND IN  ADJOINING  STATES
 THAT AUCTION AND SELL FARMING EQUIPMENT AND FARMING SUPPLIES;
   (E) A LIST OF ALL LABOR LAWS GOVERNING FARM LABOR; AND
   (F)  A  LIST OF INSURANCE AND FINANCIAL SERVICES REGULATIONS IMPACTING
 THE SALE AND PURCHASING OF FARMS AND FARMLAND.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11189-02-1

 S. 6868                             2
 
   3. THE FOSPP SHALL DEVELOP A SET OF STATEWIDE LIVE AND VIRTUAL  FORUMS
 TO  LINK  AND  EDUCATE  FARMERS  WHO  ARE PLANNING ON SELLING THEIR FARM
 AND/OR FARMLAND, AND FOR PROSPECTIVE NEW FARMERS  TO  LEARN  OF  FARMING
 BUSINESS  OPPORTUNITIES,  THE OPPORTUNITIES FOR PURCHASING FARMS, AND ON
 THE  ESTABLISHED  RESOURCES  TO  ASSIST  IN SELLING AND BUYING FARMS AND
 FARMLAND FOR FOOD PRODUCTION. THE FOSPP  SHALL  INCLUDE  INFORMATION  ON
 OTHER  EXISTING FARMING COLLABORATIVES WITHIN THE STATE AND IN ADJOINING
 STATES.
   4. (A) THE FOSPP SHALL  PROVIDE  INFORMATION  REGARDING  THE  ECONOMIC
 VIABILITY  OF  FAMILY  FARMING AND COMMERCIAL FARMING, INCLUDING BUT NOT
 LIMITED TO, DATA ON FARM  BANKRUPTCIES,  FARMER  HELD  DEBT,  STATE  AND
 NATIONAL  TRENDS  IMPACTING THE FARMING SECTOR, AND A PROFILE OF THE NEW
 YORK STATE FARMING SECTOR IN SUB-SEGMENTS, INCLUDING BUT NOT LIMITED TO,
 DAIRY FARMING, VEGETABLE FARMING AND FRUIT FARMING.
   (B) THE COMMISSIONER, IN CONJUNCTION WITH THE DEPARTMENT  OF  ECONOMIC
 DEVELOPMENT,  SHALL  ESTABLISH  AN OUTREACH PLAN TO CHAMBERS OF COMMERCE
 THROUGHOUT THE STATE, INCLUDING CHAMBERS OF COMMERCE THAT REPRESENT  ALL
 SEGMENTS OF MINORITY BUSINESSES WITHIN THE STATE AND THE ADJACENT STATES
 OF NEW JERSEY, PENNSYLVANIA, CONNECTICUT AND MASSACHUSETTS, TO BE ADMIN-
 ISTERED  THROUGH  THE  DEPARTMENT OF ECONOMIC DEVELOPMENT. SUCH OUTREACH
 PLAN SHALL BE SUBMITTED TO THE GOVERNOR, THE LEGISLATURE AND  THE  CHIEF
 DIVERSITY  OFFICER  OF THE STATE OF NEW YORK NO LATER THAN AUGUST FIRST,
 TWO THOUSAND TWENTY-TWO.
   5. (A) THE COMMISSIONER, IN CONJUNCTION  WITH  THE  SUPERINTENDENT  OF
 FINANCIAL  SERVICES,  IS  AUTHORIZED TO ESTABLISH A DIVERSITY IN FARMING
 FARM OWNERSHIP SUCCESSION PLANNING  ADVISORY  TASK  FORCE  IN  ORDER  TO
 ASSIST  IN  ENSURING  THAT THE FOSPP IS REACHING PROSPECTIVE FARMERS AND
 FARMING ENTREPRENEURS WHO ARE  FROM  THE  LIST  OF  CURRENTLY  PROTECTED
 CLASSES IN THE STATE OF NEW YORK.
   (B) THE COMMISSIONER, OR HIS OR HER DESIGNEE, SHALL BE THE CHAIRPERSON
 OF  THE  TASK  FORCE.  SUCH  TASK FORCE SHALL CONSIST OF TEN MEMBERS AND
 SHALL INCLUDE MEMBERS OF THE ITEMIZED PROTECTED  CLASSES  WHO  HAVE  THE
 ABILITY  TO  HELP PROMOTE THE FOSPP WITHIN COMMUNITIES OF SUCH PROTECTED
 CLASSES. THE COMMISSIONER, THE COMMISSIONER OF THE DEPARTMENT OF ECONOM-
 IC DEVELOPMENT  AND  THE  SUPERINTENDENT  OF  FINANCIAL  SERVICES  SHALL
 APPOINT  ONE MEMBER EACH. SUCH TASK FORCE SHALL BE ESTABLISHED AND NAMED
 WITHIN ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
   § 2. This act shall take effect immediately.

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Senate Bill S6868

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Archive: Last Bill Status - In Senate Committee Agriculture Committee

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2021-S6868 (ACTIVE) - Details

2021-S6868 (ACTIVE) - Summary

2021-S6868 (ACTIVE) - Sponsor Memo

2021-S6868 (ACTIVE) - Bill Text download pdf

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Sponsored By

Jamaal T. Bailey

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Actions

2021-S6868 (ACTIVE) - Details

2021-S6868 (ACTIVE) - Summary

2021-S6868 (ACTIVE) - Sponsor Memo

2021-S6868 (ACTIVE) - Bill Text download pdf

Comments