STATE OF NEW YORK ________________________________________________________________________

8738

IN SENATE

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:

1 Section 1. Subdivision 1 of section 286 of the agriculture and markets 2 law, as amended by chapter 600 of the laws of 2019, is amended to read 3 as follows: 4 1. (a) There shall be appropriated annually for the department [of 5 agriculture and markets] an amount of money sufficient to pay and satis- 6 fy the reimbursement moneys herein specified and which money shall be 7 disbursed by the commissioner on behalf of the state for the promotion 8 of agriculture and domestic arts, to duly incorporated agricultural or 9 horticultural corporations as defined in section fourteen hundred nine 10 of the not-for-profit corporation law, the county extension service 11 association in the county of Orange, the American institute in the city 12 of New York, the Goshen Historic Track, Inc., the Genesee Valley Breed- 13 ers' Association, Inc. and county extension service associations in 14 proportion to the actual premiums paid during the previous year includ- 15 ing premiums paid for trials or tests of speed and endurance of harness 16 horses. 17 (b) Notwithstanding any other provision of law to the contrary, the 18 annual appropriation made for the two thousand twenty-one--two thousand 19 twenty-two state fiscal year for the department for the purpose of 20 paying and satisfying reimbursement moneys shall be in proportion to the 21 actual premiums paid during two thousand nineteen. 22 § 2. Subdivision 2 of section 286 of the agriculture and markets law 23 is amended by adding a new paragraph (d) to read as follows: 24 (d) Notwithstanding any other provision of law to the contrary, all 25 organizations otherwise eligible to receive moneys appropriated by the 26 state pursuant to paragraphs (a) and (b) of this subdivision shall not 27 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

1 hold a fair or exposition during the previous calendar year due to the 2 COVID-19 pandemic. 3 § 3. Subdivision 4 of section 286 of the agriculture and markets law, 4 as amended by chapter 600 of the laws of 2019, is amended to read as 5 follows: 6 4. Any organization that shall fail or neglect to hold an annual fair 7 or exposition and file its annual report for two consecutive years, 8 shall forfeit any privileges or money to which it may otherwise be enti- 9 tled pursuant to the provisions of this article. In computing such peri- 10 od of two consecutive years, no year shall be counted in which such 11 failure was deemed by the commissioner to be attributable to a cause or 12 condition with respect to which the organization or its directors or 13 officers had no control, including but not limited to the outbreak of 14 novel coronavirus, COVID-19, or for any other reason which the commis- 15 sioner deems justified. 16 § 4. Notwithstanding any provision of law to the contrary, any moneys 17 appropriated in the state fiscal year 2020-2021 pursuant to section 286 18 of the agriculture and markets law which have not been disbursed shall 19 be reappropriated for the same purpose in the state fiscal year 20 2021-2022. 21 § 5. This act shall take effect immediately.