S03275 Summary:

BILL NOS03275
 
SAME ASNo Same As
 
SPONSORSANDERS
 
COSPNSR
 
MLTSPNSR
 
Amd SS10 & 11, Gen Muni L; amd SS105 & 106, St Fin L
 
Allows credit unions, savings banks, savings and loan associations and federal savings associations to accept and secure deposits from municipal corporations.
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S03275 Actions:

BILL NOS03275
 
02/04/2015REFERRED TO LOCAL GOVERNMENT
01/06/2016REFERRED TO LOCAL GOVERNMENT
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S03275 Committee Votes:

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S03275 Floor Votes:

There are no votes for this bill in this legislative session.
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S03275 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3275
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    February 4, 2015
                                       ___________
 
        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
 
        AN ACT to amend the general municipal law and the state finance law,  in
          relation  to  allowing  credit unions, savings banks, savings and loan
          associations and federal savings associations  to  accept  and  secure
          deposits from municipal corporations
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph c of subdivision 1 of section 10 of  the  general
     2  municipal law, as amended by chapter 623 of the laws of 1998, is amended
     3  to read as follows:
     4    c.  "Public  deposits"  shall mean deposits of public funds in a bank,
     5  savings bank, savings and  loan  association,  credit  union,  or  trust
     6  company  which  are  available  for  all uses generally permitted by the
     7  bank, savings bank, savings and loan association, credit union, or trust
     8  company to the depositing local  government  for  actually  and  finally
     9  collected funds under the bank's, savings bank's, savings and loan asso-
    10  ciation's, credit union's, or trust company's account agreement or poli-
    11  cies.
    12    §  2.  Paragraphs  f,  g  and  h of subdivision 1 of section 10 of the
    13  general municipal law are relettered paragraphs g, h and i and three new
    14  paragraphs f, j and k are added to read as follows:
    15    f. "Credit union" shall mean a state-chartered credit union as defined
    16  by subdivision nine of section two of the banking law  or  a  federally-
    17  chartered  credit  union  as  defined  by  the Federal Credit Union Act,
    18  located and authorized to do business in New York.
    19    j. "Savings bank" shall mean a savings bank as defined by  subdivision
    20  four of section two of the banking law or any federal savings bank.
    21    k.  "Savings and loan association" shall mean a savings and loan asso-
    22  ciation as defined by subdivision eight of section two  of  the  banking
    23  law or any federal savings and loan association.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08812-01-5

        S. 3275                             2
 
     1    §  3.  Subdivisions  2, 3 and 4 of section 10 of the general municipal
     2  law, as amended by chapter 623 of the  laws  of  1998,  paragraph  a  of
     3  subdivision  2 as amended by chapter 128 of the laws of 2012, paragraphs
     4  a and b of subdivision 3 as amended by chapter 545 of the laws of  2005,
     5  paragraph  c  of  subdivision 3 as amended by chapter 615 of the laws of
     6  2002, and paragraph c of subdivision 2 and paragraph (e) of  subdivision
     7  4  as further amended by section 104 of part A of chapter 62 of the laws
     8  of 2011, are amended to read as follows:
     9    2. a. (i) The governing board of every local government  shall  desig-
    10  nate  one  or  more banks, savings banks, savings and loan associations,
    11  credit unions or trust companies for the deposit of  public  funds,  the
    12  disposition  of  which is not otherwise provided for by law, received by
    13  the chief fiscal officer or any other officer authorized by law to  make
    14  deposits. Such designation shall be by resolution of the governing board
    15  or,  in  the  case  of  a  city, such other body as may be authorized or
    16  required by law to designate depositaries. Such resolution shall specify
    17  the maximum amount which may be kept on deposit at any time in each such
    18  bank, savings banks, savings and loan  associations,  credit  unions  or
    19  trust  company. Such designations and amounts may be changed at any time
    20  by further resolution.  The governing board of  every  local  government
    21  shall forward a copy of such resolution to the office of the state comp-
    22  troller  who  shall retain such copy until such resolution is amended or
    23  dissolved. A copy of such resolution shall  be  retained  by  the  state
    24  comptroller for record keeping purposes only.
    25    (ii) The governing board of a local government that has designated one
    26  or  more  banks,  savings  banks,  savings and loan associations, credit
    27  unions or trust companies for the deposit of public  funds  pursuant  to
    28  subparagraph (i) of this paragraph may, in its discretion, authorize the
    29  designated  bank,  savings  bank,  savings  and loan association, credit
    30  union or trust company to arrange for the redeposit of the local govern-
    31  ment's funds in one or more banking institutions, as defined in  section
    32  nine-r  of  the  banking  law,  for the account of the local government,
    33  through a deposit placement program that  meets  all  of  the  following
    34  conditions:
    35    (A)  On  or  after  the  date  that  the  local government's funds are
    36  received, the designated bank, savings bank, savings  and  loan  associ-
    37  ation,  credit  union or trust company (I) arranges for the redeposit of
    38  such funds into deposit accounts in one or more banking institutions and
    39  (II) serves as custodian for the local government with  respect  to  the
    40  funds redeposited into such accounts.
    41    (B)  Local  government  funds  deposited in a designated bank, savings
    42  bank, savings and loan association, credit union  or  trust  company  in
    43  accordance  with  this  subparagraph  and  held  in the designated bank,
    44  savings bank, savings and loan association, credit union or trust compa-
    45  ny in excess of the amount insured  by  the  federal  deposit  insurance
    46  corporation pending redeposit of the funds pursuant to this subparagraph
    47  shall be secured in accordance with subdivision three of this section.
    48    (C)  The  full  amount  of  local  government funds redeposited by the
    49  designated bank, savings bank,  savings  and  loan  association,  credit
    50  union  or  trust  company  into deposit accounts in banking institutions
    51  pursuant to this subparagraph (plus accrued interest, if any)  shall  be
    52  insured by the federal deposit insurance corporation.
    53    (D)  At  the same time that the money of the local government is rede-
    54  posited pursuant to this subparagraph, the selected depository  receives
    55  an  amount  of  deposits  from customers of other financial institutions
    56  pursuant to the deposit placement program that are at least equal to the

        S. 3275                             3
 
     1  amount of the local government's funds  redeposited  by  the  designated
     2  bank,  savings bank, savings and loan association, credit union or trust
     3  company.
     4    b.  Except as otherwise provided by law, all deposits shall be made to
     5  the credit of the local government. The deposit of public funds pursuant
     6  to this subdivision shall release the officer making the deposit and his
     7  or her surety from any liability for loss of such public funds by reason
     8  of the default or insolvency of any such bank, savings bank, savings and
     9  loan association, credit union or trust company.
    10    c. The governing board of a  local  government,  in  which  a  banking
    11  development district has been designated by the superintendent of finan-
    12  cial  services  pursuant to section ninety-six-d of the banking law, may
    13  designate a bank, savings bank, savings  and  loan  association,  credit
    14  union,  trust  company or national bank located in such district for the
    15  deposit of public funds, the  disposition  of  which  is  not  otherwise
    16  provided for by law, received by the chief fiscal officer or other offi-
    17  cer  authorized  by law to make such deposits. Such designation shall be
    18  by resolution of the governing board or, in the case  of  a  city,  such
    19  other  body as may be authorized or required by law to designate deposi-
    20  tories.  Such resolution shall specify the maximum amount which  may  be
    21  kept  on  deposit  at any time with such bank, savings bank, savings and
    22  loan association, credit union, trust company or national  bank  located
    23  in  such district.   The governing board of every local government shall
    24  forward a copy of such resolution to the office of the state comptroller
    25  who  shall  retain  such  copy  until  such  resolution  is  amended  or
    26  dissolved.  A  copy  of  such  resolution shall be retained by the state
    27  comptroller for record keeping purposes only. Subject  to  an  agreement
    28  between  such governing board and such banking institution, public funds
    29  deposited in such banking institution may earn  a  fixed  interest  rate
    30  which  is at or below such banking institution's posted two year certif-
    31  icate of deposit rate.  In those instances where there is such an agree-
    32  ment, its terms and conditions shall also be  specified  in  the  resol-
    33  ution.    Any  such  designation, amount, or agreement provisions may be
    34  changed at any time by further resolution.
    35    d. Notwithstanding any provision of law  to  the  contrary,  no  bank,
    36  savings  bank,  savings  and  loan  association or credit union shall be
    37  designated for deposits of funds pursuant  to  the  provisions  of  this
    38  section  or section eleven of this article unless the taxes described in
    39  subdivision one of section two hundred fifty-three of the  tax  law  are
    40  paid  on  loans secured by mortgages that are provided by any such bank,
    41  savings bank, savings and loan association or credit  union.  Any  funds
    42  deposited  in  any such bank, savings bank, savings and loan association
    43  or credit union shall be withdrawn in accordance with the terms  of  any
    44  deposit agreement if such taxes were not paid at the time any such mort-
    45  gages were recorded.
    46    3.  All  public  deposits  in  excess  of the amount insured under the
    47  provisions of the Federal Deposit Insurance Act or by the National Cred-
    48  it Union Administration under the Federal Credit Union  Act  as  now  or
    49  hereafter amended shall be secured in accordance with this subdivision:
    50    a. The officers making a deposit may accept a pledge of eligible secu-
    51  rities  having  in  the  aggregate  a market value at least equal to the
    52  aggregate amount of public deposits from such officers, or a pledge of a
    53  pro rata portion of a pool of eligible securities having in  the  aggre-
    54  gate  a  market  value  at least equal to the aggregate amount of public
    55  deposits from all such officers within the state at such  bank,  savings
    56  bank,  savings  and  loan  association,  credit  union or trust company,

        S. 3275                             4
 
     1  together with a security agreement from the bank, savings bank,  savings
     2  and loan association, credit union or trust company. The security agree-
     3  ment and custodial agreement referred to below may be the same agreement
     4  including  when  the  bank,  savings bank, savings and loan association,
     5  credit union or trust company holding  the  public  deposits  holds  the
     6  collateral  for  the public body.   The security agreement shall provide
     7  that such eligible securities or pro rata portion of a pool of  eligible
     8  securities  are  being  pledged by the bank or trust company as security
     9  for the public deposits, together with agreed upon interest, if any, and
    10  any costs or expenses arising out of the collection of such deposit upon
    11  a default. It shall also provide for  the  conditions  under  which  the
    12  securities or pro rata portion of a pool of eligible securities held may
    13  be  sold,  presented for payment, substituted or released and the events
    14  of default which will enable the local government to exercise its rights
    15  against the pledged  securities.    Such  agreement  shall  include  all
    16  provisions  deemed  necessary and sufficient to secure in a satisfactory
    17  manner the local government's interest in the collateral. The  custodial
    18  agreement  shall provide that the pledged securities or pro rata portion
    19  of a pool of eligible securities will be held  by  the  custodial  bank,
    20  savings bank, savings and loan association, credit union or trust compa-
    21  ny  as  agent  of,  and custodian for, the local government, and will be
    22  kept separate and apart from the general assets of the  custodial  bank,
    23  savings bank, savings and loan association, credit union or trust compa-
    24  ny and it shall also provide for the manner in which the custodial bank,
    25  savings bank, savings and loan association, credit union or trust compa-
    26  ny shall confirm the receipt, substitution or release of the collateral.
    27  Such agreement shall provide for the frequency of revaluation of collat-
    28  eral  by the custodial bank, savings bank, savings and loan association,
    29  credit union or trust company and the substitution of collateral when  a
    30  change  in  the  rating  of  a security causes ineligibility pursuant to
    31  paragraph [f] g of subdivision one of this section. Such agreement shall
    32  include all provisions deemed necessary and sufficient to  secure  in  a
    33  satisfactory  manner  the local government's interest in the collateral.
    34  Such agreement may also contain such other provisions as  the  governing
    35  board may deem necessary.
    36    b. Whenever eligible securities delivered to a custodial bank, savings
    37  bank, savings and loan association, credit union or trust company pursu-
    38  ant  to  this  paragraph  are  transferred  by entries on the books of a
    39  federal reserve bank or other book-entry system operated by a  federally
    40  regulated entity without physical delivery of the evidence of such obli-
    41  gations,  the  records  of the custodial bank, savings bank, savings and
    42  loan association, credit union or  trust  company  shall  show,  at  all
    43  times,  the  interest  of the local government in such securities or pro
    44  rata portion of a pool of eligible securities as set forth in the  secu-
    45  rity agreement.
    46    c.  (i)  In  lieu of or in addition to the deposit of eligible securi-
    47  ties, the officers making a deposit may accept an eligible  surety  bond
    48  payable  to  such  local  government  as security for the payment of one
    49  hundred percent, or an eligible letter of credit payable to  such  local
    50  government  as security for the payment of one hundred forty percent, of
    51  the aggregate amount of public  deposits  from  such  officers  and  the
    52  agreed  upon  interest, if any. The terms and conditions of any eligible
    53  surety bond shall be approved by the governing board.
    54    (ii) In lieu of or in addition to the deposit of eligible  securities,
    55  the  officers making a deposit may, in the case of an irrevocable letter
    56  of credit issued in favor of the local government by a federal home loan

        S. 3275                             5
 
     1  bank whose commercial paper and other unsecured  short-term  debt  obli-
     2  gations  are  rated  in  the  highest  rating  category  by at least one
     3  nationally  recognized  statistical  rating  organization,  accept  such
     4  letter  of  credit  payable to such local government as security for the
     5  payment of one hundred percent of the aggregate amount of public  depos-
     6  its from such officers and the agreed upon interest, if any.
     7    d.  For  purposes  of  determining  the  market value of securities as
     8  required by this subdivision:
     9    (i) The eligible securities described in subparagraphs (viii), (x) and
    10  (xi) of paragraph [f] g of subdivision one  of  this  section  shall  be
    11  valued at eighty percent of their market value.
    12    (ii)  The  eligible securities described in subparagraph (ix) of para-
    13  graph [f] g of subdivision one of this section shall be valued at seven-
    14  ty percent of their market value.
    15    (iii) Of the eligible securities described in subparagraphs (v),  (vi)
    16  and  (vii)  of paragraph [f] g of subdivision one of this section, those
    17  securities rated in the highest category shall be valued at one  hundred
    18  percent  of  their  market value;   those securities rated in the second
    19  highest rating category shall be  valued  at  ninety  percent  of  their
    20  market  value;    and those securities rated in the third highest rating
    21  category shall be valued at eighty percent of their market value.   When
    22  two  nationally recognized statistical rating organizations rate a secu-
    23  rity in two different categories, the security shall be considered to be
    24  rated in the higher of the two categories.
    25    4. (a) Notwithstanding any other provision of law to the contrary, the
    26  chief fiscal officer, or other officer authorized by law to make  depos-
    27  its,  may,  subject  to  the  approval  of the governing body of a local
    28  government, by resolution, enter into a contract with a courier  service
    29  for  the  purpose  of  causing  the deposit of public funds with a bank,
    30  savings bank, savings and loan association, credit union or trust compa-
    31  ny as provided in this section.
    32    (b) The entrusting of public funds for deposit pursuant  to  paragraph
    33  (a)  of this subdivision shall release the officer entrusting the public
    34  funds to the courier service and his or her surety  from  any  liability
    35  for  loss  of such public funds by the courier service in the process of
    36  delivering such public funds  to  the  designated  bank,  savings  bank,
    37  savings and loan association, credit union or trust company.
    38    (c)  The local government authorizing the deposit of public funds by a
    39  courier service pursuant to paragraph  (a)  of  this  subdivision  shall
    40  require  the courier service to obtain a surety bond for the full amount
    41  entrusted to the courier, payable to the local government  and  executed
    42  by  an  insurance  company  authorized to do business in this state, the
    43  claims paying ability of which is rated in the highest  rating  category
    44  by  at least two nationally recognized statistical rating organizations,
    45  to insure against any loss of public  funds  entrusted  to  the  courier
    46  service  for  deposit or failure to deposit the full amount entrusted to
    47  the courier.
    48    (d) A deposit made by a courier on behalf of a local government  shall
    49  be  deemed  to  be  a  deposit made by the chief fiscal officer or other
    50  officer entrusting such funds for purposes of the requirements contained
    51  in this section for securing public deposits.
    52    (e) A bank, savings bank, savings and loan association,  credit  union
    53  or  trust company may, from time to time and as agreed upon with a local
    54  government, reimburse all or part of, but not more than, the actual cost
    55  incurred by  the  local  government  in  transporting  cash,  negotiable
    56  instruments  or  other items for deposit through a courier service.  Any

        S. 3275                             6
 
     1  such reimbursement agreement shall apply only  to  a  specified  deposit
     2  transaction,  and  may  be subject to such terms, conditions and limita-
     3  tions as the bank, savings bank, savings and  loan  association,  credit
     4  union  or  trust  company  deems necessary to ensure sound banking prac-
     5  tices, including, but not limited to, any terms, conditions  or  limita-
     6  tions  that  may  be required by the department of financial services or
     7  other federal or state authority.
     8    § 4. Subdivision 2 of section 11 of  the  general  municipal  law,  as
     9  amended  by  chapter  128  of  the  laws  of 2012, is amended to read as
    10  follows:
    11    2. a. The governing board of any local government or, if the governing
    12  board so delegates, the chief fiscal officer  or  other  officer  having
    13  custody  of  the  moneys  may temporarily invest moneys not required for
    14  immediate expenditure, except moneys the investment of which  is  other-
    15  wise  provided  for by law, either: (1) in special time interest-bearing
    16  deposit accounts in, or certificates  of  deposit  issued  by,  a  bank,
    17  savings bank, savings and loan association, credit union or trust compa-
    18  ny  located  and  authorized  to  do  business  in this state; or (2) in
    19  accordance with all of the following conditions:
    20    (i) the moneys are invested through a bank, savings bank, savings  and
    21  loan  association,  credit union or trust company located and authorized
    22  to do business in this state;
    23    (ii) the bank, savings bank,  savings  and  loan  association,  credit
    24  union or trust company arranges for the deposit of the moneys in certif-
    25  icates  of  deposit  in  one or more banking institutions, as defined in
    26  section nine-r of the banking law, for the account of the local  govern-
    27  ment;
    28    (iii)  the  full amount of principal and accrued interest of each such
    29  certificate of deposit must be insured by the federal deposit  insurance
    30  corporation;
    31    (iv)  the  bank,  savings  bank,  savings and loan association, credit
    32  union or trust company acts as custodian for the local  government  with
    33  respect  to  such  certificates  of deposit issued for the local govern-
    34  ment's account; and
    35    (v) at the same time that the local government's moneys are  deposited
    36  and  the certificates of deposit are issued for the account of the local
    37  government, the bank, savings bank, savings and loan association, credit
    38  union or trust company receives an amount of deposits from customers  of
    39  other  financial institutions equal to or greater than the amount of the
    40  moneys invested by the local government through the bank or trust compa-
    41  ny.
    42    b. For any investment made pursuant to paragraph a  of  this  subdivi-
    43  sion,  such  time  interest-bearing  deposit  account  or certificate of
    44  deposit shall be payable within such time as the proceeds shall be need-
    45  ed to meet expenditures for which such moneys were obtained and provided
    46  further that such time interest-bearing deposit account  or  certificate
    47  of  deposit  be  secured  in the same manner as is provided for securing
    48  deposits of public funds by subdivision three of  section  ten  of  this
    49  article.
    50    §  5.  Subdivision  1  and  the  opening paragraph of subdivision 2 of
    51  section 105 of the state finance law, subdivision 1 as amended by  chap-
    52  ter  204  of the laws of 2002 and the opening paragraph of subdivision 2
    53  as amended by chapter 154 of the laws of 1953, are amended and  two  new
    54  subdivisions 7 and 8 are added to read as follows:
    55    1.  All moneys received by the commissioner of taxation and finance on
    56  account of the state, excepting such moneys as are required by law to be

        S. 3275                             7
 
     1  deposited to the credit of the comptroller, but including such moneys as
     2  are thereafter paid into the state treasury by the comptroller, shall be
     3  deposited by the commissioner of taxation and finance within three  days
     4  after  the  receipt  thereof, either as a demand deposit or an interest-
     5  bearing [time] deposit (other than a time certificate of deposit), as he
     6  or she and the comptroller may determine, in such banks, trust companies
     7  [and industrial banks], savings banks, savings and loan associations  or
     8  credit  unions  as  in  his  or her opinion and the opinion of the comp-
     9  troller are secure. The moneys so  deposited  shall  be  placed  to  the
    10  account  of  the  commissioner  of taxation and finance. He or she shall
    11  keep a bankbook in which shall be entered his or her account of  deposit
    12  in  and  moneys  drawn from the banks [and], trust companies [and indus-
    13  trial banks], savings banks, savings and  loan  associations  or  credit
    14  unions  in  which deposits are made by him or her, which he or she shall
    15  exhibit to the comptroller for his or her inspection on the first  Tues-
    16  day of every month and oftener if required. He or she shall not draw any
    17  moneys  from  such banks, trust companies [or industrial banks unless by
    18  checks signed and countersigned], savings banks, savings and loan  asso-
    19  ciations or credit unions designated in the manner prescribed by section
    20  one  hundred  one  of this article, unless otherwise provided by law. No
    21  moneys shall be paid by any such  bank,  trust  company  [or  industrial
    22  bank], savings bank, savings and loan association or credit union out of
    23  any  such  deposit  except upon such checks.  Moneys may be paid through
    24  electronic transfer in  accordance  with  procedures  developed  by  the
    25  commissioner  of taxation and finance and the comptroller and consistent
    26  with the requirements of  this  section  for  recording  payments.  Such
    27  payments  through  electronic transfer shall be considered, for purposes
    28  of this chapter, to be moneys drawn by check.   Every such  bank,  trust
    29  company [or industrial bank], savings bank, savings and loan association
    30  or  credit union shall transmit to the comptroller monthly statements of
    31  all moneys received and paid by it on account  of  the  commissioner  of
    32  taxation and finance.
    33    Every bank, trust company [and industrial bank], savings bank, savings
    34  and loan association or credit union designated for the deposit of state
    35  moneys  under  the provisions of this section shall, before deposits are
    36  made:
    37    7. Public funds deposited into a savings bank, federal  savings  bank,
    38  credit  union,  federal  credit  union,  savings and loan association or
    39  federal savings and loan association, shall be limited  to  one  million
    40  dollars  per  savings  bank, federal savings bank, credit union, federal
    41  credit union, savings and loan association or federal savings  and  loan
    42  association.
    43    8.  For  purposes  of this section, the terms "credit union", "savings
    44  bank" and "savings and loan association" shall have the meaning provided
    45  in subdivision one of section ten of the general municipal law.
    46    § 6. Section 106 of the state finance law, as amended by  chapter  155
    47  of  the  laws  of  2012 and subdivision D as added by chapter 128 of the
    48  laws of 2012, is amended to read as follows:
    49    § 106. Deposit of moneys by state  officers,  state  institutions  and
    50  charitable  and  benevolent institutions. 1. Such moneys received by the
    51  commissioner of taxation and finance as are now deposited to the  credit
    52  of  the  comptroller  pursuant  to statute, and thereafter paid into the
    53  state treasury, shall be deposited by him or her to the  credit  of  the
    54  comptroller  in such bank [or], trust company, savings bank, savings and
    55  loan association or credit union, as shall be designated  by  the  comp-

        S. 3275                             8
 
     1  troller at such rate of interest, if any, as shall be agreed upon by the
     2  depositary and the comptroller.
     3    2.  All  other  moneys  received  by  the commissioner of taxation and
     4  finance except as provided in section one hundred five of  this  article
     5  and  all  moneys  received  by  any  other state officer or other person
     6  receiving moneys belonging to the state, or for which such state officer
     7  or other person may be responsible in his or her official capacity,  and
     8  all moneys received by any state institution, except for moneys received
     9  pursuant to a clinical practice plan established pursuant to subdivision
    10  fourteen  of  section  two  hundred six of the public health law and all
    11  moneys received from the state by any charitable or benevolent  institu-
    12  tion  supported  in whole or in part by the state, shall be deposited to
    13  his, her, or its credit in such bank [or], trust company, savings  bank,
    14  savings  and loan association or credit union, as shall be designated by
    15  the comptroller at such rate of interest, if any,  as  shall  be  agreed
    16  upon by the depositary and the comptroller.
    17    3.  Every  [bank  or trust company] depositary designated by the comp-
    18  troller for the deposit of any such moneys
    19    [A.] a. Shall give a bond with sufficient sureties for the security of
    20  such deposit, to be approved by the comptroller and filed in his or  her
    21  office,
    22    [B.]  b. Or shall, in lieu of such surety bond, with the permission of
    23  the comptroller deposit with the comptroller such outstanding  unmatured
    24  bonds  or  notes  or  such certified check or checks as are described in
    25  section one hundred five of this article. The comptroller may, in his or
    26  her discretion, accept and substitute for any surety bond or undertaking
    27  given, pursuant to this section, a bond or undertaking in such form  and
    28  with  other  surety  or  sureties, or other security as required by this
    29  section, for such sums as may be prescribed and approved  by  the  comp-
    30  troller  for the safe keeping and prompt payment of such moneys on legal
    31  demand therefor with interest, if any, and the comptroller may thereupon
    32  execute and deliver to the surety or sureties, upon the former  bond  or
    33  undertaking,  a  release  of  such surety or sureties from any liability
    34  accruing subsequent to the date of such release. Such release shall  not
    35  relieve  such surety or sureties from any obligation for losses incurred
    36  prior to the date thereof. On the withdrawal of all moneys from any such
    37  depository and a closing and settlement  of  the  account  thereof,  the
    38  comptroller  may in his or her discretion certify to such settlement and
    39  release to the obligor or owner or  owners  entitled  thereto,  of  such
    40  surety  bond,  undertaking, certified check or checks, or other security
    41  deposited with him or her.
    42    [C.] c. Notwithstanding any other  provisions  of  this  section,  the
    43  comptroller shall not designate for the deposit of moneys by state offi-
    44  cers,  state  institutions  and  charitable  and benevolent institutions
    45  supported in whole or in part by the  state  a  banking  institution  to
    46  which the Community Reinvestment Act of 1977, United States P.L. 95-128,
    47  applies unless such institution shall have received a record of perform-
    48  ance  no  lower  than  "satisfactory"  as  determined  under such act in
    49  accordance with section twenty-eight-b of the banking law.
    50    [D.] d. In lieu of a security bond as prescribed under subdivision [A]
    51  a of this section or other security as prescribed under subdivision  [B]
    52  b  of  this  section, the comptroller may authorize a designated bank or
    53  trust company to arrange for the  redeposit  of  the  moneys  through  a
    54  deposit placement program that meets all of the following conditions:
    55    (1) The designated bank or trust company arranges for the redeposit of
    56  the  moneys into deposit accounts with one or more banking institutions,

        S. 3275                             9
 
     1  as defined in section nine-r of the banking law, for the account of  the
     2  state,  and serves as custodian for the state with respect to the moneys
     3  redeposited into such deposit accounts.
     4    (2) Moneys held by a designated bank or trust company pending redepos-
     5  it  pursuant  to paragraph one of this subdivision that are in excess of
     6  the amount insured by the federal deposit insurance corporation shall be
     7  secured in accordance with subdivision [A or B] a or b of this section.
     8    (3) The full amount of the moneys redeposited  into  deposit  accounts
     9  pursuant to paragraph one of this subdivision, plus accrued interest, if
    10  any, shall be insured by the federal deposit insurance corporation.
    11    (4) At the same time that the moneys are redeposited pursuant to para-
    12  graph  one  of  this  subdivision,  the designated bank or trust company
    13  receives an amount of deposits from customers of other financial  insti-
    14  tutions  pursuant  to  the  deposit  placement program that are at least
    15  equal to the amount of the moneys redeposited by the designated bank  or
    16  trust company.
    17    4.  This  section shall not apply to any funds held by the superinten-
    18  dent of financial services in a fiduciary capacity.
    19    5. Public funds deposited into a savings bank, federal  savings  bank,
    20  credit  union,  federal  credit  union,  savings and loan association or
    21  federal savings and loan association, shall be limited  to  one  million
    22  dollars  per  savings  bank, federal savings bank, credit union, federal
    23  credit union, savings and loan association or federal savings  and  loan
    24  association.
    25    6.  For  purposes  of this section, the terms "credit union", "savings
    26  bank" and "savings and loan association" shall have the meaning provided
    27  in subdivision one of section ten of the general municipal law.
    28    § 7. Severability. If any clause, sentence, paragraph, section or part
    29  of this act shall be adjudged by any court of competent jurisdiction  to
    30  be  invalid,  such  judgment shall not affect, impair or invalidate such
    31  clause, sentence, paragraph, section or part thereof  directly  involved
    32  in the controversy in which such judgment shall have been rendered.
    33    § 8. This act shall take effect immediately.
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