Clarifies the definition of "community bank institution"; expands eligible deposits to a community bank institution under the community bank deposit program; requires an annual report by the state comptroller and the commissioner of taxation and finance of the efficacy of the community bank deposit program.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2962
SPONSOR: Zebrowski TITLE OF BILL:
An act to amend the banking law, in relation to clarifying the defi-
nition of "community bank institution", expanding eligible deposits to a
community bank institution under the community bank deposit program and
requiring an annual report by the state comptroller and the commissioner
of taxation and finance on the efficacy of the community bank deposit
program
PURPOSE OR GENERAL IDEA OF BILL:
This bill would change the eligibility and. rules for the-community bank
deposit program to encourage participation by small community banks.
SUMMARY OF PROVISIONS:
Section one of the bill amends section 86 of the banking law as it
relates to limiting participation in the community bank deposit program
to community banks with assets under $10 billion.
Section two of the bill amends section 87 of the bill as it relates to
increasing the maximum amount of funds available to the program to $300
million by the Comptroller and Department of Taxation and Finance. It
also removes the cap on deposits in an individual community bank. The
section also provides for an annual report on the activities of the
community bank deposit program.
Section three of the bill relates to the effective date.
JUSTIFICATION:
Community banks play an integral role in our local and state economy
providing banking services and loans to individuals and small busi-
nesses. Small community banks have been decreasing in total assets,
share of deposits and number of institutions over the-past several
decades. According to a 2013 Department of Financial Services Report,
the number of community banks, with assets under $10 billion, declined
from 299 in 1992 to 169 in 2013. This trend has continued due. To
increasing regulatory challenges and competition. This bill seeks reform
the community bank deposit program to target deposits in smaller banks.
These deposits can provide capital for small financial institutions to
make loans and offer a variety of financial products.
PRIOR LEGISLATIVE HISTORY:
A115 of 2021-22 A9947 of 2020
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2962
2023-2024 Regular Sessions
IN ASSEMBLY
February 1, 2023
___________
Introduced by M. of A. ZEBROWSKI -- read once and referred to the
Committee on Banks
AN ACT to amend the banking law, in relation to clarifying the defi-
nition of "community bank institution", expanding eligible deposits to
a community bank institution under the community bank deposit program
and requiring an annual report by the state comptroller and the
commissioner of taxation and finance on the efficacy of the community
bank deposit program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 86 of the banking law, as amended by chapter 274 of
2 the laws of 2007, is amended to read as follows:
3 § 86. Eligibility. 1. For purposes of this article, the term "communi-
4 ty bank institution" shall mean any state or federally chartered banking
5 institution and shall include any bank, trust company, savings bank or
6 savings and loan association with less than ten billion dollars in
7 assets that is headquartered in this state and whose predominant retail
8 and commercial banking operations serve residents and businesses of this
9 state, as determined by the superintendent in his or her sole discretion
10 and pursuant to such rules and regulations as the superintendent deems
11 necessary to implement and administer these provisions.
12 2. To be eligible to receive deposits, or to renew existing deposits
13 under this program, a [bank, trust company, savings bank or savings and
14 loan association: (a) must be chartered under the provisions of this
15 chapter and (b)] community bank institution:
16 (a) must have a current CRA rating of satisfactory or better. The
17 superintendent shall, if requested by the state comptroller or the
18 commissioner of taxation and finance, confirm whether a particular bank-
19 ing institution meets the criteria specified in this section; and
20 (b) meet any additional criteria established by the comptroller and
21 the commissioner of taxation and finance to determine eligibility for
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00456-01-3
A. 2962 2
1 participation in the program. Such criteria may include an institution's
2 loan to deposit ratio, its record of small business lending, and the
3 impact such deposits would have on an area's economic activity.
4 [2. A federal bank, trust company, savings bank or savings and loan
5 association may also be eligible to receive deposits, or to renew exist-
6 ing deposits, under this program if: (a) its principal office is located
7 in this state; (b) it has a current CRA rating of satisfactory or
8 better; and (c) it meets any additional criteria established by the
9 comptroller and the commissioner of taxation and finance to determine
10 eligibility for participation in the program. Such criteria may include
11 an institution's loan to deposit ratio, its record of small business
12 lending, and the impact such deposits would have on an area's economic
13 activity.]
14 § 2. Subdivision 2 of section 87 of the banking law, as amended by
15 chapter 495 of the laws of 2013, is amended and a new subdivision 5 is
16 added to read as follows:
17 2. The maximum amount of funds which the state comptroller and the
18 commissioner of taxation and finance may deposit under this program
19 shall not exceed [two] three hundred [fifty] million dollars each. [The
20 maximum amount of funds on deposit at a community banking institution
21 shall not exceed twenty million dollars.]
22 5. The comptroller and the commissioner of taxation and finance shall
23 annually submit a joint report to the governor, the temporary president
24 of the senate, the speaker of the assembly, the chair of the senate
25 finance committee, the chair of the assembly ways and means committee,
26 the chair of the senate standing committee on banks, and the chair of
27 the assembly standing committee on banks on the efficacy of the communi-
28 ty bank deposit program, including information on the number of quali-
29 fied community banking institutions, the number of community banking
30 institutions which have received deposits, the size of each participat-
31 ing community bank, the number and amount of such deposits and the
32 percentage of total state funds deposited in such institutions under
33 this program.
34 § 3. This act shall take effect on the one hundred twentieth day after
35 it shall have become a law. Effective immediately the addition, amend-
36 ment and/or repeal of any rule or regulation necessary for the implemen-
37 tation of this act on its effective date are authorized to be made and
38 completed on or before such date.
