Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to agriculture |
Mar 03, 2009 |
referred to agriculture |
Senate Bill S2796
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
2009-S2796 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5595
- Current Committee:
- Senate Agriculture
- Law Section:
- Agriculture and Markets Law
- Laws Affected:
- Amd ยง250-b, Ag & Mkts L
2009-S2796 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2796 TITLE OF BILL : An act to amend the agriculture and markets law, in relation to certain claims against the agricultural producers security fund PURPOSE : To allow food producer's to submit claims to the Producers Security Fund for sales made to an unlicensed vendor. SUMMARY OF PROVISIONS : Amends paragraph (b) of subdivision 1 of Section 250-b of the Agriculture and Markets Law. JUSTIFICATION : Apple farmers in Western New York unknowingly sold produce to an unlicensed vendor through a licensed dealer. As a result, these farmer's were unable to collect overdue invoices from their unlicensed food broker, because of the delayed notifications process followed by the Department during this time period. This legislation was initiated to allow certain apple growers to retrieve their losses from the Agricultural Producers Security Fund as administered by the NYS Department of Agriculture and Markets who is responsible for the issuance of a listing of bonded and secured licensees.
2009-S2796 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2796 2009-2010 Regular Sessions I N S E N A T E March 3, 2009 ___________ Introduced by Sen. NOZZOLIO -- 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 certain claims against the agricultural producers security fund THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b) of subdivision 1 of section 250-b of the agriculture and markets law, as amended by chapter 344 of the laws of 2002, is amended to read as follows: (b) If the commissioner has reason to believe that a licensed dealer has defaulted in making payments for farm products to producers, the commissioner shall give notice to producers to file verified claims within thirty days of such notice. The commissioner shall examine the claims so filed, determine the amount due upon such claims, and certify the amounts due each claimant. No claims against the security or the agricultural producers security fund shall be allowed for sales of farm products: (i) to any unlicensed person EXCEPT CLAIMS AGAINST THE FUND FOR SALES OF FARM PRODUCTS AFTER SEPTEMBER FIRST, TWO THOUSAND TWO AND PRIOR TO MARCH THIRTY-FIRST, TWO THOUSAND THREE TO A DEALER WHO WAS REASONABLY BELIEVED TO BE LICENSED BY THE PRODUCER FOR THE LICENSE YEAR BEGINNING JULY FIRST, TWO THOUSAND TWO AND ENDING JUNE THIRTIETH, TWO THOUSAND THREE, BUT WAS NOT LICENSED PURSUANT TO THIS ARTICLE AND PURCHASED FARM PRODUCTS FROM THE PRODUCER SUBMITTING THE CLAIM; (ii) that occurred more than one hundred twenty days after the earliest tran- saction between the producer and the dealer that remains unpaid as of the date the claim is filed, whether or not that earliest unpaid trans- action is included in the claim; or (iii) where a claim is submitted more than three hundred sixty-five days after sale and delivery, but in no event beyond the expiration of the thirty day period provided in the notice published by the commissioner pursuant to this section. NOTWITH- STANDING ANY OTHER PROVISION OF THIS PARAGRAPH, ANY CLAIMS ELIGIBLE FOR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00832-01-9
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