S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2079
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation  to  appro-
   priation  and apportionment of moneys for the promotion of agriculture
   and domestic arts in the county of Orange

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 286 of the agriculture and markets law, as amended
 by chapter 61 of the laws of 1954, the section heading and subdivision 1
 as amended by and subdivisions 2, 3, 4, and 5 as added by chapter 683 of
 the laws of 2002, is amended to read as follows:
   § 286. Appropriation and apportionment of moneys for the promotion  of
 agriculture  and domestic arts.  1. There shall be appropriated annually
 for the department of agriculture and markets an amount of money  suffi-
 cient  to  pay and satisfy 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 incor-
 porated 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 Breeders' Association, Inc. and county extension  service
 associations in proportion to the actual premiums paid during the previ-
 ous year including premiums paid for trials or tests of speed and endur-
 ance of harness horses.
   2.  Eligibility.  (a)  To qualify for premium reimbursement under this
 section, agricultural and horticultural corporations, THE COUNTY  EXTEN-
 SION SERVICE ASSOCIATION IN THE COUNTY OF ORANGE, the American institute
 in the city of New York, the Goshen Historic Track, Inc. and the Genesee
 Valley  Breeders' Association, Inc. must have held, with the approval of
 the commissioner, an annual fair or  exposition  for  the  promotion  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01772-01-9

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 agriculture and domestic arts during the previous calendar year, paid at
 least  five  thousand  dollars  in  actual  premiums and filed an annual
 report as required in paragraph (c) of this subdivision.
   (b)  To  qualify for premium reimbursement under this section a county
 extension service association must have held, with the approval  of  the
 commissioner,  a fair or exposition for the promotion of agriculture and
 domestic arts during the previous calendar year open to  all  youths  in
 that  county  up  to age twenty-one. [A] EXCEPT FOR THE COUNTY EXTENSION
 SERVICE ASSOCIATION IN THE COUNTY OF ORANGE, A county extension  service
 association  may not receive reimbursement for a fair or exposition in a
 county where an agricultural or horticultural corporation or the  Ameri-
 can institute in the city of New York has held such a fair or exposition
 during  the  past two years. A county extension service association must
 have paid at least five hundred dollars in actual premiums and filed  an
 annual report as required in paragraph (c) of this subdivision.
   (c)  All  organizations eligible to receive moneys appropriated by the
 state pursuant to this section shall file with the Department an  annual
 report on or before the fifteenth day of December. The report shall list
 all premiums awarded during the calendar year and the exhibits for which
 the premiums were awarded.
   3.  Reimbursement  amounts. (a) Each organization eligible for premium
 reimbursement pursuant to paragraph  (a)  of  subdivision  two  of  this
 section  shall  receive seven thousand two hundred dollars or the amount
 actually paid out in premiums, whichever is less. Each organization that
 has paid out more than seven thousand two hundred dollars shall also  be
 eligible  to  receive  an additional reimbursement equal to the premiums
 paid in its youth department, not to exceed one  thousand  five  hundred
 dollars.
   (b) Each eligible cooperative extension association shall receive five
 thousand  dollars or the amount actually paid out in premiums, whichever
 is less.
   (c) After reimbursements have been allocated  pursuant  to  paragraphs
 (a)  and  (b)  of this subdivision, the remaining appropriation, if any,
 shall be distributed in equal shares to the agricultural or horticultur-
 al corporations, THE COUNTY EXTENSION SERVICE ASSOCIATION IN THE  COUNTY
 OF  ORANGE,  the  American institute in the city of New York, the Goshen
 Historic Track, Inc. and the Genesee Valley Breeders' Association,  Inc.
 if  they  have  not been fully reimbursed as a result of the allocations
 set forth above. The American institute in the  city  of  New  York,  if
 eligible, shall receive two shares of the pro-rated amount.
   (d)  In  no event shall any agricultural or horticultural corporation,
 THE COUNTY EXTENSION SERVICE ASSOCIATION IN THE COUNTY  OF  ORANGE,  the
 American  institute  in the city of New York, the Goshen Historic Track,
 Inc. or the Genesee Valley Breeders' Association, Inc. receive more than
 the amount actually paid out in premiums  or  twelve  thousand  dollars,
 whichever is less.
   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, or for any other reason which the  commissioner
 deems justified.

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   5.  For  the  purposes  of  this article, Rockland County Future, Inc.
 shall be eligible for premium reimbursement, as  provided  in  paragraph
 (a)  of  subdivision  three of this section so long as such organization
 has held, with the approval of the commissioner, an annual fair or expo-
 sition for the promotion of agriculture and domestic arts in conjunction
 with a county extension service association during the previous calendar
 year;  paid at least five thousand dollars in actual premiums; and filed
 an annual report as required in paragraph (c) of subdivision two of this
 section.
   § 2. This act shall take effect immediately.