Senate Bill S2796

2009-2010 Legislative Session

Relates to certain claims against the agricultural producers security fund

download bill text pdf

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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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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) - Summary

Relates to certain claims against the agricultural producers security fund.

2009-S2796 (ACTIVE) - Sponsor Memo

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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