Relates to licensure of exhibits or entertainment on fair grounds

BILL NUMBER:S2384

Title of bill

An act to amend the agriculture and markets law and the not-for-profit corporation law, in relation to licensure of exhibits or entertainment on fair grounds

Purpose or general idea

This bill would modify the agriculture and markets law relating to the powers of association of farmers pertaining to the use of agricultural fairgrounds, as well as the not for profit corporation law to clarify the relationship between exhibitions or entertainments on fair grounds and local laws or municipal ordinances.

Summary of specific provisions

Section one amends the agriculture and markets law to clarify that any association of farmers may lease their grounds for exhibitions and events, in addition to similar activities currently permitted, as well as to provide that any association of farmers may lease such grounds for the storage of personal property for profit.

Section two amends the not-for-profit corporation law to provide that agricultural and horticultural societies are exempt from local ordinances requiring an approval, except those requiring an approval to protect the safety, health, and well-being of persons, in addition to the current exemption from licensing fees. Section two further provides that agricultural and horticultural societies are exempt from unreasonably prohibitive or restrictive local ordinances that govern certain construction and maintenance activities on fairgrounds.

Section three provides the enactment date.

Justification

Agricultural or horticultural corporations are not-far-profit entities that organize their respective annual county fairs, for the promotion of their county or region's agriculture industry. This important mission dates back to the late nineteenth century and requires aggressive efforts by the organization's board of directors in generating revenue throughout the year, to sustain operations and to carry out its principal mission. Written at the turn of the last century, the not-for-profit corporation law addressed this need by establishing protections against certain financial burdens. Currently, this law exempts exhibitions or entertainments from the provisions of any special or local law or municipal ordinance that would impose a fee. With the numerous changes in how ordinances are imposed in the last century, and specifically during a time of economic difficulty, these protections need to be updated.

Accordingly, this bill would exclude agricultural and horticultural societies from local ordinances requiring an approval, except those requiring an approval to protect the safety, health, and well-being of persons. This bill would also exempt such societies from local ordinances that govern the construction, improvement, renovation, relocation, or demolition of grounds, buildings, and facilities in an unreasonably prohibitive or restrictive manner. Finally, this bill would clarify that any association of farmers may lease their grounds for exhibitions and entertainments as well as for the storage of

personal property for profit. The annual county fairs are vital fox the New York State agriculture industry. This is a timely bill that would afford needed protections to agricultural and horticultural societies, as well as associations of farmers, which will in turn continue to promote a strong and prosperous agriculture industry in New York State.

Prior legislative history

S5641-A of 2012 - 3rd Reading

Fiscal implications

None.

Effective date

This act shall take effect immediately.