Bill Text: NY A08591 | 2011-2012 | General Assembly | Introduced

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Bill Title: Criminalizes unlawful conduct of a farm products dealer in certain circumstances.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-09-23 - enacting clause stricken [A08591 Detail]

Download: New_York-2011-A08591-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8591
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                  September 21, 2011
                                      ___________
       Introduced  by M. of A. RABBITT -- read once and referred to the Commit-
         tee on Codes
       AN ACT to amend the penal law and the agriculture and  markets  law,  in
         relation  to  criminalizing unlawful conduct of a farm products dealer
         in certain circumstances
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding a new section 190.87 to
    2  read as follows:
    3  S 190.87 UNLAWFUL CONDUCT; FARM PRODUCTS DEALER.
    4    A PERSON IS GUILTY OF UNLAWFUL CONDUCT WHEN HE OR SHE:
    5    1. ACTS AS A FARM PRODUCTS DEALER AS DEFINED BY  SECTION  TWO  HUNDRED
    6  FORTY-FIVE OF THE AGRICULTURE AND MARKETS LAW AND IS NOT LICENSED PURSU-
    7  ANT TO THE PROVISIONS OF ARTICLE TWENTY OF SUCH LAW; OR
    8    2. IS A LICENSED FARM PRODUCTS DEALER THAT:
    9    A. MAKES ANY FRAUDULENT CHARGE IN RESPECT TO ANY FARM PRODUCT;
   10    B.  REJECTS  OR  FAILS TO ACCOUNT AND MAKE PROMPT PAYMENT FOR, WITHOUT
   11  REASONABLE CAUSE, ANY FARM PRODUCTS, BOUGHT OR CONTRACTED TO  BE  BOUGHT
   12  OR NEGOTIATED TO BE BOUGHT BY SUCH DEALER;
   13    C.  DISCARDS,  DUMPS  OR  DESTROYS, WITHOUT REASONABLE CAUSE, ANY FARM
   14  PRODUCTS RECEIVED BY HIM OR HER;
   15    D. MAKES ANY FALSE OR MISLEADING STATEMENT, OR OTHER MISREPRESENTATION
   16  CONCERNING THE CONDITION, QUALITY, GRADE, QUANTITY OR DISPOSITION OF  OR
   17  CONDITION  OF  THE MARKET FOR ANY FARM PRODUCTS RECEIVED BY OR BOUGHT OR
   18  CONTRACTED TO BE BOUGHT BY SUCH DEALER, OR THE PURCHASE OR SALE OF WHICH
   19  IS NEGOTIATED BY SUCH DEALER; OR
   20    E. DIRECTLY OR INDIRECTLY PURCHASES FOR HIS OR HER  OWN  ACCOUNT  FARM
   21  PRODUCTS  RECEIVED  BY  HIM OR HER FOR SALE ON COMMISSION, WITHOUT PRIOR
   22  AUTHORITY FROM OR WITHOUT NOTIFYING THE CONSIGNOR THEREOF.
   23    UNLAWFUL CONDUCT IS A CLASS E FELONY.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13419-01-1
       A. 8591                             2
    1    S 2. Section 246 of the agriculture and  markets  law  is  amended  by
    2  adding a new subdivision 7 to read as follows:
    3    7.  ANY  PERSON WHO VIOLATES THIS SECTION SHALL BE GUILTY OF A CLASS E
    4  FELONY.
    5    S 3. This act shall take effect on the ninetieth day  after  it  shall
    6  have become a law.