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A03528 Summary:

BILL NOA03528
 
SAME ASNo Same As
 
SPONSORRodriguez
 
COSPNSRBichotte Hermelyn, Barrett, Lupardo, Miller M, Peoples-Stokes, Stirpe, Steck, Walsh, Jones, Brabenec, Richardson, Wallace, Carroll, Hunter, Salka
 
MLTSPNSRFriend, Glick, Simon, Thiele
 
Add Art 2-D §§89 - 91, add §454-a, Bank L; amd §§98-a & 105, St Fin L
 
Relates to credit unions.
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A03528 Actions:

BILL NOA03528
 
01/27/2021referred to banks
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A03528 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3528
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2021
                                       ___________
 
        Introduced  by  M. of A. RODRIGUEZ, BICHOTTE HERMELYN, BARRETT, LUPARDO,
          M. MILLER, PEOPLES-STOKES,  STIRPE,  STECK,  WALSH,  JONES,  BRABENEC,
          RICHARDSON,  WALLACE,  CARROLL, HUNTER, SALKA -- Multi-Sponsored by --
          M. of A.  FRIEND, GLICK, SIMON, THIELE -- read once  and  referred  to
          the Committee on Banks

        AN  ACT  to amend the banking law and the state finance law, in relation
          to credit unions
 
          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 article 2-D to
     2  read as follows:
     3                                 ARTICLE 2-D
     4                        CREDIT UNION DEPOSIT PROGRAM
     5  Section 89. Credit union deposit program; purpose.
     6          90. Eligibility.
     7          91. Deposits.
     8    § 89. Credit union deposit program; purpose.  In  recognition  of  the
     9  economic benefits and stimulus which result from the placement of depos-
    10  its  in  local credit unions, the credit union deposit program is hereby
    11  created to authorize and encourage the state comptroller and the commis-
    12  sioner of taxation and finance to deposit a portion of the  funds  under
    13  their control into credit unions.
    14    §  90. Eligibility. 1. To be eligible to receive deposits, or to renew
    15  existing deposits under this program, a credit union must  be  chartered
    16  under the provisions of this chapter and must have a current examination
    17  rating of satisfactory or better. The superintendent shall, if requested
    18  by  the  state  comptroller or the commissioner of taxation and finance,
    19  confirm whether a particular credit union meets the  criteria  specified
    20  in this section.
    21    2. A federal credit union may also be eligible to receive deposits, or
    22  to  renew  existing  deposits,  under this program if: (a) its principal
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03026-01-1

        A. 3528                             2
 
     1  office is located in this state; (b) it has a current examination rating
     2  of satisfactory or better; and (c)  it  meets  any  additional  criteria
     3  established  by  the  comptroller  and  the commissioner of taxation and
     4  finance  to determine eligibility for participation in the program. Such
     5  criteria may include a credit union's loan to deposit ratio, its  record
     6  of small business lending, and the impact such deposits would have on an
     7  area's economic activity.
     8    §  91.  Deposits.  1.  Notwithstanding  any  provisions  of law to the
     9  contrary, the state comptroller and the  commissioner  of  taxation  and
    10  finance  shall,  for  the purposes of administering moneys in accordance
    11  with the provisions of sections ninety-eight-a and one hundred  five  of
    12  the state finance law, give consideration to depositing funds into those
    13  credit  unions which are deemed eligible to receive deposits pursuant to
    14  section ninety of this article.
    15    2. The maximum amount of funds which the  state  comptroller  and  the
    16  commissioner  of  taxation  and  finance  may deposit under this program
    17  shall not exceed two hundred fifty million dollars each.
    18    3. Notwithstanding any provision of law to the contrary, any  deposits
    19  made pursuant to this article shall be made at rates, and for such peri-
    20  ods of time, as may be agreed to by the state comptroller or the commis-
    21  sioner of taxation and finance and the eligible credit union.
    22    4.  Any  deposits  made  pursuant to this article may be secured by an
    23  irrevocable letter of credit issued by a federal home loan bank.
    24    § 2. The banking law is amended by adding a new section 454-a to  read
    25  as follows:
    26    §  454-a.  Deposits of public money with credit unions. A credit union
    27  may accept deposits of public money in accordance with the provisions of
    28  section ninety-one of this chapter and sections ninety-eight-a  and  one
    29  hundred five of the state finance law.
    30    §  3.  The  opening  paragraph of subdivision 1 of section 98-a of the
    31  state finance law, as amended by chapter 545 of the  laws  of  2005,  is
    32  amended to read as follows:
    33    Except  as  otherwise provided in subdivision two of this section, any
    34  moneys in the general fund of the state or moneys received from the sale
    35  of any bonds or notes issued by the state, any moneys  in  any  fund  or
    36  account  of  the state, heretofore or hereafter established, the invest-
    37  ment of which is not otherwise authorized and which are not  immediately
    38  required  may  be  invested  by  the  comptroller.    Such moneys may be
    39  invested only in obligations of the categories specified in subdivisions
    40  one to five, both inclusive, and subdivision  seven,  subdivision  four-
    41  teen,  as  added by chapters seven hundred ninety-seven and nine hundred
    42  thirty-two of the laws of nineteen  hundred  sixty-three,  respectively,
    43  subdivisions  fifteen,  sixteen and seventeen of section ninety-eight of
    44  this article, maturing or redeemable at the option of the holder  within
    45  twelve  years  of the date of such investment, subdivisions two-a, eigh-
    46  teen, nineteen and twenty of section ninety-eight of this article or  in
    47  a  certificate  of deposit of a bank [or], trust company or credit union
    48  in this state. Any certificate of deposit shall be fully secured by  the
    49  issuer  thereof  depositing with the comptroller stocks, bonds, or notes
    50  of any county, town, city, village, fire district or school district  of
    51  this  state  issued  pursuant to law and maturing within five years from
    52  the date of issuance of such certificate of deposit, bonds or  notes  or
    53  direct  or  guaranteed obligation of the United States of America or its
    54  agencies or of the state of New York or bonds and notes issued  for  any
    55  of  the  corporate  purposes of the municipal assistance corporation for
    56  the city of New York in an amount equal to the amount  of  such  certif-

        A. 3528                             3
 
     1  icate  of deposit. Any bonds, notes or certificates of deposit purchased
     2  with moneys of the general fund shall be available  always  to  pay  any
     3  lawful  appropriation  in  force.  Any  bonds,  notes or certificates of
     4  deposit  purchased  with  moneys  received from the sale of any bonds or
     5  notes issued by the state shall be available always for the purposes  or
     6  purpose  for which such bonds or notes were issued.  Any bonds, notes or
     7  certificates of deposit purchased with moneys of any other  funds  shall
     8  be  available  always  for  the purpose for which such fund was created.
     9  Unless otherwise required by law, income received on any moneys invested
    10  pursuant to this section shall be credited to the  fund  or  funds  from
    11  which  such  moneys were invested, provided, however, the comptroller is
    12  hereby precluded from  crediting  interest  earnings  to  funds/accounts
    13  which:
    14    §  4.  Subdivisions  1  and 2 of section 105 of the state finance law,
    15  subdivision 1 as amended by chapter 204 of the laws of 2002, subdivision
    16  2 as amended by chapter 154 of the laws of 1953, paragraph b of subdivi-
    17  sion 2 as amended by chapter 345 of the laws of  2005,  are  amended  to
    18  read as follows:
    19    1.  All moneys received by the commissioner of taxation and finance on
    20  account of the state, excepting such moneys as are required by law to be
    21  deposited to the credit of the comptroller, but including such moneys as
    22  are thereafter paid into the state treasury by the comptroller, shall be
    23  deposited by the commissioner of taxation and finance within three  days
    24  after  the  receipt  thereof, either as a demand deposit or an interest-
    25  bearing time deposit (other than a time certificate of deposit),  as  he
    26  and the comptroller may determine, in such banks, trust companies [and],
    27  industrial  banks and credit unions as in his opinion and the opinion of
    28  the comptroller are secure. The moneys so deposited shall be  placed  to
    29  the account of the commissioner of taxation and finance. He shall keep a
    30  bankbook  in which shall be entered his account of deposit in and moneys
    31  drawn from the banks and trust companies  [and],  industrial  banks  and
    32  credit  unions in which deposits are made by him, which he shall exhibit
    33  to the comptroller for his inspection on  the  first  Tuesday  of  every
    34  month  and  oftener  if required. He shall not draw any moneys from such
    35  banks, trust companies [or], industrial banks or credit unions unless by
    36  checks signed and countersigned in the manner prescribed by section  one
    37  hundred  one,  unless otherwise provided by law. No moneys shall be paid
    38  by any such bank, trust company [or], industrial bank  or  credit  union
    39  out  of  any  such  deposit except upon such checks.  Moneys may be paid
    40  through electronic transfer in accordance with procedures  developed  by
    41  the  commissioner  of  taxation  and  finance  and  the  comptroller and
    42  consistent with the requirements of this section for recording payments.
    43  Such payments through  electronic  transfer  shall  be  considered,  for
    44  purposes of this chapter, to be moneys drawn by check.  Every such bank,
    45  trust  company  [or],  industrial bank or credit union shall transmit to
    46  the comptroller monthly statements of all moneys received and paid by it
    47  on account of the commissioner of taxation and finance.
    48    2. Every bank, trust company [and], industrial bank and  credit  union
    49  designated  for the deposit of state moneys under the provisions of this
    50  section shall, before deposits are made:
    51    a. Execute and file with the commissioner of taxation  and  finance  a
    52  bond to the state in such form and with such surety or sureties for such
    53  sums  as  may be prescribed and approved by the commissioner of taxation
    54  and finance and comptroller, for the safekeeping and prompt  payment  of
    55  such moneys on legal demand therefor with interest, if any; or

        A. 3528                             4
 
     1    b. In lieu of such surety bond, with the permission of the comptroller
     2  and  the  commissioner  of  taxation and finance, deposit with the comp-
     3  troller outstanding unmatured:
     4    (1)  bonds  or  notes of the United States of America, or obligations,
     5  the payment of which is guaranteed by the United States of America,
     6    (2) bonds or notes of the state of New York,
     7    (3) bonds or notes of any county, town, city, village,  fire  district
     8  or  school districts in the state of New York authorized to be issued by
     9  law,
    10    (4) bonds of the Port of New York Authority of any year,
    11    (5) bonds of the Buffalo and Fort Erie Public Bridge Authority,
    12    (6) bonds of the Triborough bridge and tunnel authority,
    13    (7) bonds or notes of the New York state thruway authority,
    14    (8) bonds, notes or other obligations of any municipal housing author-
    15  ity in the state of New York authorized to be issued  by  law,  provided
    16  such  bonds,  notes or other obligations qualify under the provisions of
    17  section forty-nine of the public housing law,
    18    (9) bonds or notes of the Power Authority of the state of New York,
    19    (10) bonds or notes of the Niagara Frontier Port Authority,
    20    (11) bonds or notes of the Dormitory Authority of  the  state  of  New
    21  York,
    22    (12) bonds or notes of the New York state bridge authority,
    23    (13)  bonds  or  notes issued for any of the corporate purposes of the
    24  New York state housing finance agency,
    25    (14) bonds  or  notes  of  the  Metropolitan  Commuter  Transportation
    26  Authority,
    27    (15)  bonds  or notes of the New York State Pure Waters Authority, for
    28  which the commissioner of taxation and finance and the comptroller shall
    29  deliver a certificate of  deposit  containing  the  conditions  of  such
    30  deposit,
    31    (16) bonds or notes of the Niagara Frontier Transportation Authority,
    32    (17)  bonds  or notes of the Rochester-Genesee Regional Transportation
    33  Authority,
    34    (18) bonds or notes of the Capital District Transportation Authority,
    35    (19) bonds or notes of the Central New  York  Regional  Transportation
    36  Authority,
    37    [20] (20) Bonds or notes of the New York state project finance agency,
    38    (21)  Bonds  or  notes of the municipal assistance corporation for the
    39  city of New York,
    40    (22) bonds or notes issued for any of the corporate  purposes  of  the
    41  New  York  state  medical  care facilities finance agency, for which the
    42  commissioner of taxation and finance and the comptroller shall deliver a
    43  certificate of deposit containing the conditions of such deposit, or
    44    (23) irrevocable letters of credit issued by a federal home loan bank.
    45    c. With the permission of the comptroller and commissioner of taxation
    46  and finance execute and file  with  the  commissioner  of  taxation  and
    47  finance an undertaking to the effect that such bank, trust company [or],
    48  industrial  bank  or credit union will safely keep and promptly pay over
    49  all such deposits on legal demand therefor with interest, if any, and as
    50  collateral to such undertaking deposit with the comptroller a  certified
    51  check or checks drawn on and certified by the federal reserve bank with-
    52  in  the state payable to his order in such amount or amounts as shall be
    53  agreed upon by the comptroller and the depositary.
    54    § 5. This act shall take effect immediately.
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