S T A T E O F N E W Y O R K
________________________________________________________________________
5595
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
___________
Introduced by M. of A. OAKS -- read once and referred 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
A. 5595 2
PAYMENT PURSUANT TO THE EXCEPTION CONTAINED IN SUBPARAGRAPH (I) OF THIS
PARAGRAPH AND NOT PREVIOUSLY FILED WITH THE DEPARTMENT MAY BE SUBMITTED
WITHIN A THIRTY DAY PERIOD PUBLISHED BY THE COMMISSIONER FOR THE FILING
OF SUCH CLAIMS.
S 2. This act shall take effect immediately.