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A05466 Summary:

BILL NOA05466
 
SAME ASNo same as
 
SPONSORTowns
 
COSPNSRStevenson
 
MLTSPNSRCahill
 
Add SS234-c & 378-f, rpld S237 sub 2, amd S464, Bank L; amd SS105 & 106, St Fin L; amd S2523, Ed L; amd S3-a, Gen City L; amd SS11 & 10, Gen Muni L; amd S70, Sec Cl Cit L; amd S4-408, Vil L
 
Allows savings banks, savings and loan associations and credit unions to accept deposits from municipal corporations and authorizes the deposit of certain public funds of political subdivisions and school districts in savings banks, savings and loan associations and credit unions.
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A05466 Actions:

BILL NOA05466
 
02/22/2011referred to banks
04/20/2011enacting clause stricken
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A05466 Floor Votes:

There are no votes for this bill in this legislative session.
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A05466 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5466
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 22, 2011
                                       ___________
 
        Introduced  by M. of A. TOWNS -- read once and referred to the Committee
          on Banks
 
        AN ACT to amend the banking law, the state finance  law,  the  education
          law, the general city law, the general municipal law, the second class
          cities  law  and  the  village  law, in relation to permitting savings

          banks, savings and loan  associations  and  credit  unions  to  accept
          deposits  from  municipal  corporations and authorizing the deposit of
          certain public funds of political subdivisions and school districts in
          savings banks, savings and loan associations, and credit  unions;  and
          to repeal certain provisions of the banking law relating thereto
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  The banking law is amended by adding a new  section  234-c
     2  to read as follows:
     3    § 234-c. Deposits received from political subdivisions. A savings bank
     4  that receives deposits, including demand, transaction and/or time depos-
     5  its,  from  a  political subdivision of this state and acts thereby as a

     6  depositary of its public moneys, may secure any portion of such  deposit
     7  which  is not insured by the Federal Deposit Insurance Corporation or by
     8  the Savings Association Insurance Fund:
     9    (a) a pledge of such obligations or securities as  shall  lawfully  be
    10  required or accepted by such depositor; or
    11    (b)  in  lieu  of such pledge, by furnishing the political subdivision
    12  with a good and  sufficient  undertaking  with  sufficient  sureties  in
    13  accordance  with  the requirements of other provisions of law applicable
    14  to the moneys of the political subdivision.
    15    A savings bank is hereby authorized  and  empowered  to  receive  such
    16  deposits, including demand, transaction, and/or time deposits, to act as

    17  such  depositary (including the powers contained in section ninety-six-b
    18  of this chapter), and to secure such deposits by such pledge or by  such
    19  undertaking. For the purposes of this section the term "political subdi-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09653-01-1

        A. 5466                             2
 
     1  vision"  includes  a  county, town, city, village, school district, fire
     2  district, park district or improvement district to which  article  thir-
     3  teen  of  the  town law applies. The powers granted to a savings bank by

     4  this  section  shall  be  in  addition to, and not in limitation of, the
     5  powers conferred on savings banks by other provisions of law.
     6    § 2. Subdivision 2 of section 237 of the banking law is REPEALED.
     7    § 3. The banking law is amended by adding a new section 378-f to  read
     8  as follows:
     9    §  378-f.  Deposits received from political subdivision. A savings and
    10  loan association that receives deposits, including  demand,  transaction
    11  and/or  time  deposits,  from  a political subdivision of this state and
    12  acts thereby as a depositary  of  its  public  moneys,  may  secure  any
    13  portion  of such deposit which is not insured by the Savings Association
    14  Insurance Fund:
    15    (a) a pledge of such obligations or securities as  shall  lawfully  be

    16  required or accepted by such depositor; or
    17    (b)  in  lieu  of such pledge, by furnishing the political subdivision
    18  with a good and  sufficient  undertaking  with  sufficient  sureties  in
    19  accordance  with  the requirements of other provisions of law applicable
    20  to the moneys of the political subdivision.
    21    A savings and loan association is hereby authorized and  empowered  to
    22  receive  such deposits, including demand, transaction and/or time depos-
    23  its, to act as  such  depositary  (including  the  powers  contained  in
    24  section  ninety-six-b  of  this chapter), and to secure such deposits by
    25  such pledge or by such undertaking. For the purposes  of  this  section,
    26  the term "political subdivision" includes a county, town, city, village,

    27  school district, fire district, park district or improvement district to
    28  which  article thirteen of the town law applies. The powers granted to a
    29  savings and loan association by this section shall be  in  addition  to,
    30  and not in limitation of, the powers conferred on savings and loan asso-
    31  ciations by other provisions of law.
    32    Notwithstanding  any  other  provisions  of  law  to the contrary, any
    33  deposits received from a political subdivision shall not be construed to
    34  constitute membership in the savings and loan association and  shall  be
    35  construed to be that of a creditor of the savings and loan association.
    36    §  4. Section 464 of the banking law is amended by adding a new subdi-
    37  vision 4 to read as follows:

    38    4. A credit union that receives  deposits,  including  demand,  trans-
    39  action  and/or time deposits, from a political subdivision of this state
    40  and acts thereby as a depositary of its public moneys,  may  secure  any
    41  portion  of  such  deposit  which  is not insured by the National Credit
    42  Union Administration by:
    43    (a) a pledge of such obligations or securities as  shall  lawfully  be
    44  required or accepted by such depositor; or
    45    (b)  in  lieu  of  such pledge by furnishing the political subdivision
    46  with a good and  sufficient  undertaking  with  sufficient  sureties  in
    47  accordance  with  the requirements of other provisions of law applicable
    48  to the moneys of the political subdivision.

    49    A credit union is hereby authorized  and  empowered  to  receive  such
    50  deposits,  including demand, transaction and/or time deposits, to act as
    51  such depositary (including the powers contained in section  ninety-six-b
    52  of  this chapter), and to secure such deposits by such pledge or by such
    53  undertaking. For the purpose of this section the term "political  subdi-
    54  vision"  includes  a  county, town, city, village, school district, fire
    55  district, park district or improvement district to which  article  thir-
    56  teen  of  the  town law applies. The powers granted to a credit union by

        A. 5466                             3
 
     1  this section shall be in addition to, and  not  in  limitation  of,  the

     2  powers conferred on a credit union by other provisions of law.
     3    Notwithstanding any other provision of law to the contrary, any depos-
     4  its  received  from  a  political  subdivision shall not be construed to
     5  constitute membership in the credit union and shall be construed  to  be
     6  that of a creditor of the credit union.
     7    §  5.  Subdivision  1  and  the  opening paragraph of subdivision 2 of
     8  section 105 of the state finance law, subdivision 1 as amended by  chap-
     9  ter  204  of the laws of 2002 and the opening paragraph of subdivision 2
    10  as amended by chapter 154 of the laws of 1953, are amended  to  read  as
    11  follows:
    12    1.  All moneys received by the commissioner of taxation and finance on
    13  account of the state, excepting such moneys as are required by law to be

    14  deposited to the credit of the comptroller, but including such moneys as
    15  are thereafter paid into the state treasury by the comptroller, shall be
    16  deposited by the commissioner of taxation and finance within three  days
    17  after  the  receipt  thereof, either as a demand deposit or an interest-
    18  bearing [time] deposit (other than a time certificate of deposit), as he
    19  and the comptroller may determine, in such banks, trust  companies  [and
    20  industrial  banks],  credit  unions,  savings banks and savings and loan
    21  associations as in his opinion and the opinion of  the  comptroller  are
    22  secure.  The  moneys  so deposited shall be placed to the account of the
    23  commissioner of taxation and finance. He shall keep a bankbook in  which
    24  shall  be  entered  his  account of deposit in and moneys drawn from the

    25  banks and trust companies [and industrial banks], credit unions, savings
    26  banks and savings and loan associations in which deposits  are  made  by
    27  him, which he shall exhibit to the comptroller for his inspection on the
    28  first  Tuesday of every month and oftener if required. He shall not draw
    29  any moneys from such banks, trust companies [or industrial banks], cred-
    30  it unions, savings banks or savings  and  loan  associations  unless  by
    31  checks  signed and countersigned in the manner prescribed by section one
    32  hundred one of this chapter, unless otherwise provided by law. No moneys
    33  shall be paid by any such bank,  trust  company  [or  industrial  bank],
    34  credit  union,  savings  bank or savings and loan association out of any

    35  such deposit except upon such checks. Moneys may be paid  through  elec-
    36  tronic  transfer  in accordance with procedures developed by the commis-
    37  sioner of taxation and finance and the comptroller and  consistent  with
    38  the  requirements  of this section for recording payments. Such payments
    39  through electronic transfer shall be considered, for  purposes  of  this
    40  chapter,  to  be  moneys drawn by check.  Every such bank, trust company
    41  [or industrial bank], credit union, savings bank  or  savings  and  loan
    42  association  shall transmit to the comptroller monthly statements of all
    43  moneys received and paid by it on account of the commissioner  of  taxa-
    44  tion and finance.
    45    Every bank, trust company [and industrial bank], credit union, savings

    46  bank or savings and loan association designated for the deposit of state
    47  moneys  under  the provisions of this section shall, before deposits are
    48  made:
    49    § 6. The opening, second and third undesignated paragraphs of  section
    50  106    of  the  state  finance law, the second undesignated paragraph as
    51  amended by chapter 293 of the laws of  1992,  are  amended  to  read  as
    52  follows:
    53    Such  moneys  received  by the commissioner of taxation and finance as
    54  are now deposited to the credit of the comptroller pursuant to  statute,
    55  and  thereafter  paid into the state treasury, shall be deposited by him
    56  to the credit of the comptroller  in  such  bank  [or],  trust  company,

        A. 5466                             4
 

     1  savings  bank,  credit union or savings and loan association as shall be
     2  designated by the comptroller at such rate of interest, if any, as shall
     3  be agreed upon by the depositary and the comptroller.
     4    All  other moneys received by the commissioner of taxation and finance
     5  except as provided in section one hundred five of this article  and  all
     6  moneys  received  by  any  other state officer or other person receiving
     7  moneys belonging to the state, or for which such state officer or  other
     8  person  may  be  responsible  in  his  official capacity, and all moneys
     9  received by any state institution, except for moneys  received  pursuant
    10  to a clinical practice plan established pursuant to subdivision fourteen
    11  of  section  two  hundred  six  of  the public health law and all moneys
    12  received from the state by  any  charitable  or  benevolent  institution

    13  supported in whole or in part by the state, shall be deposited to his or
    14  its  credit in such bank [or], trust company, savings bank, credit union
    15  or savings and loan association as shall  be  designated  by  the  comp-
    16  troller at such rate of interest, if any, as shall be agreed upon by the
    17  depositary and the comptroller.
    18    Every [bank or trust company] depositary designated by the comptroller
    19  for the deposit of any such moneys
    20    § 7. Subdivision 1 of section 2523 of the education law, as amended by
    21  chapter 794 of the laws of 1951, is amended to read as follows:
    22    1.  The  treasurer of each city school district shall demand, collect,
    23  receive and have the care and custody of moneys belonging to or due  the
    24  district  from every source.  On the business day next following the day

    25  of their receipt the treasurer shall deposit in his name,  as  treasurer
    26  of  the  city school district, all such moneys in or with one or more or
    27  any combination of such banks  [or],  trust  companies,  savings  banks,
    28  credit unions or savings and loan associations as shall have been desig-
    29  nated  as  depositaries of the moneys of such district.  Where the board
    30  of education with the written  consent  of  the  city  authorities,  has
    31  appointed  a city officer as city school district treasurer, such treas-
    32  urer may not commingle school district funds with city funds.
    33    § 8. Section 3-a of the general city law, as added by chapter  519  of
    34  the laws of 1936, is amended to read as follows:
    35    §  3-a.  Liability of city officials.  No official of any city of this

    36  state who shall deposit any moneys coming into his hands  by  virtue  of
    37  his  office  in  any  bank,  savings bank, national banking association,
    38  credit union, trust company, savings and loan association, or  with  any
    39  private  banker,  in  accordance  with  the provisions of any general or
    40  local law or charter, or in accordance with the official action taken by
    41  the governing body or board of any such city, shall be  liable  for  the
    42  loss  of any such moneys resulting from the default or insolvency of any
    43  such depositary.
    44    § 9. Subdivision 2 of section 11 of  the  general  municipal  law,  as
    45  amended  by  chapter  708  of  the  laws  of 1992, is amended to read as
    46  follows:
    47     2. The governing board of any local government or, if  the  governing
    48  board  so  delegates,  the  chief fiscal officer or other officer having

    49  custody of the moneys may temporarily invest  moneys  not  required  for
    50  immediate  expenditure,  except moneys the investment of which is other-
    51  wise provided for by law, in  [special  time]  interest-bearing  deposit
    52  accounts  in,  or  certificates  of  deposit  issued by, a bank or trust
    53  company, savings bank, savings and loan  association,  or  credit  union
    54  located  and  authorized to do business in this state, provided however,
    55  that such [time] deposit account or  certificate  of  deposit  shall  be
    56  payable within such time as the proceeds shall be needed to meet expend-

        A. 5466                             5
 
     1  itures  for  which  such  moneys were obtained and provided further that
     2  such [time] deposit account or certificate of deposit be secured in  the

     3  same  manner  as  is  provided  for securing deposits of public funds by
     4  subdivision  three  of section ten of this article.  Notwithstanding the
     5  above, a city of one million or more shall not be required to deposit or
     6  invest moneys not required for immediate expenditure in interest-bearing
     7  deposit accounts or certificates of deposit.
     8    § 10. Section 70 of the second class cities law is amended to read  as
     9  follows:
    10     § 70.  Deposits and accounts.  All moneys deposited by the treasurer,
    11  as  provided  herein,  shall  be  placed to the credit of the city.  The
    12  treasurer shall keep bank books in which shall be entered  his  accounts
    13  or  deposits  in,  and moneys drawn from, the [banks or trust companies]
    14  depositaries in which such deposits shall be made.    He  shall  exhibit

    15  such  books  to  the  comptroller  for his inspection at least once each
    16  month, and oftener if required. The [banks or trust  companies]  deposi-
    17  taries in which such deposits are made[,] shall respectively transmit to
    18  the  comptroller  monthly statements of the moneys which shall have been
    19  received and paid out by them on account of the city.
    20    § 11. Subdivision b of section 4-408 of the village law is amended  to
    21  read as follows:
    22    b.  deposit, within ten days after receipt thereof, in the name of the
    23  village, in [a bank or trust company]  depositaries  designated  by  the
    24  board of trustees, all monies received by him;
    25    § 12. Paragraph d of subdivision 1 of section 10 of the general munic-
    26  ipal  law,  as amended by chapter 623 of the laws of 1998, is amended to
    27  read as follows:

    28    d. "Bank" shall mean a bank, or savings bank or savings and loan asso-
    29  ciation as defined by the banking law or a national banking  association
    30  located and authorized to do business in New York.
    31    §  13.  Subdivision  1  of  section 10 of the general municipal law is
    32  amended by adding a new paragraph i to read as follows:
    33    i. "Credit union" shall mean a credit union as defined by the  banking
    34  law and authorized to do business in New York.
    35    §  14.  Severability.  If  any clause, sentence, paragraph, section or
    36  part of this act shall be adjudged by any court of  competent  jurisdic-
    37  tion to be invalid, such judgment shall not affect, impair or invalidate
    38  the  remainder  thereof,  but  shall be confined in its operation to the
    39  clause, sentence, paragraph, section or part thereof  directly  involved

    40  in the controversy in which such judgment shall have been rendered.
    41    § 15. This act shall take effect immediately.
          REPEAL  NOTE.--Subdivision  2  of  section  237  of  the  banking law,
        repealed by section two of this  act,  prohibits  a  savings  bank  from
        accepting the deposits of a municipal corporation.
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