NY State Senate Bill 2021-S5481

Senate Bill S5481

2021-2022 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

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to agriculture
Apr 22, 2021	notice of committee consideration - requested
Mar 08, 2021	referred to agriculture

2021-S5481 (ACTIVE) - Details

See Assembly Version of this Bill:: A3832
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §286, Ag & Mkts L
Versions Introduced in 2019-2020 Legislative Session:: S8738, A10663

2021-S5481 (ACTIVE) - Summary

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

2021-S5481 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5481

SPONSOR: OBERACKER
 
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:

S.8738 of 2020

 
FISCAL IMPLICATIONS:

This legislation does not include any new appropriations.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S5481 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5481
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2021
                                ___________
 
 Introduced by Sen. OBERACKER -- 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 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06604-01-1

 S. 5481                             2
 
   (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
 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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