S T A T E O F N E W Y O R K
________________________________________________________________________
5279
2009-2010 Regular Sessions
I N S E N A T E
April 27, 2009
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Introduced by Sens. SQUADRON, ADAMS, C. JOHNSON, SAMPSON, SERRANO,
STAVISKY -- read twice and ordered printed, and when printed to be
committed to the Committee on Banks
AN ACT to amend the banking law, in relation to including low income
credit unions in the banking development district program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 2 and 2-a and paragraph (a) of subdivision 5
of section 96-d of the banking law, subdivision 2 as added by chapter
204 of the laws of 1997, subdivision 2-a as added and paragraph (a) of
subdivision 5 as amended by chapter 328 of the laws of 1999, are amended
to read as follows:
2. A local government, in conjunction with a bank, trust company [or],
national bank, LOW INCOME CREDIT UNION AS DESIGNATED BY SECTION FOUR
HUNDRED FIFTY-A OF THIS CHAPTER, OR ANY FEDERAL CREDIT UNION THAT HAS
BEEN DESIGNATED A LOW INCOME CREDIT UNION BY THE NATIONAL CREDIT UNION
ADMINISTRATION, may submit an application to the superintendent for the
designation of a banking development district. The superintendent shall
issue a determination on such an application within sixty days of
receiving such application. If an application is approved, the super-
intendent shall transmit notification of such approval to the local
government, the bank, trust company or national bank, the state comp-
troller, the commissioner of taxation and finance, the commissioner of
the department of economic development, the temporary president of the
senate and the speaker of the assembly.
2-a. Notwithstanding any other provision of law, an application may be
submitted by a local government in conjunction with a bank, trust compa-
ny [or], national bank, LOW INCOME CREDIT UNION AS DESIGNATED BY SECTION
FOUR HUNDRED FIFTY-A OF THIS CHAPTER, OR ANY FEDERAL CREDIT UNION THAT
HAS BEEN DESIGNATED A LOW INCOME CREDIT UNION BY THE NATIONAL CREDIT
UNION ADMINISTRATION, which has already opened a bank branch within such
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00903-03-9
S. 5279 2
area, provided such branch was opened after December thirty-first, nine-
teen hundred ninety-six. In considering the criteria authorized pursuant
to subdivision one of this section, the superintendent shall also take
into account the importance and benefits of preserving the banking
services offered by the existing branch.
(a) Notwithstanding the provisions of subdivision two of section two
hundred thirty-seven of this chapter; for the purposes of this section,
paragraph c of subdivision two of section ten of the general municipal
law, subdivision six of section one hundred five of the state finance
law and section four hundred eighty-five-f of the real property tax law,
any reference to a bank, trust company [or], national bank, LOW INCOME
CREDIT UNION AS DESIGNATED BY SECTION FOUR HUNDRED FIFTY-A OF THIS CHAP-
TER, OR ANY FEDERAL CREDIT UNION THAT HAS BEEN DESIGNATED A LOW INCOME
CREDIT UNION BY THE NATIONAL CREDIT UNION ADMINISTRATION, shall be
deemed to include a savings bank, savings and loan association, federal
savings and loan association or federal savings bank; provided, however,
that such provisions of law do not grant a savings bank, savings and
loan association, federal savings and loan association or federal
savings bank eligibility to accept municipal or public funds or munici-
pal or public moneys other than for the limited purposes of the estab-
lishment of a branch in a banking development district pursuant to this
section. Any such municipal or public funds or moneys shall be deposited
only at the branch established pursuant to this section, and any munici-
pal funds or moneys may be deposited only by the sponsoring municipality
in which the branch and banking development district are located;
provided further that any such municipal or public funds or moneys shall
be subject to the same requirements which apply to municipal or public
funds or moneys deposited in a bank, trust company [or], national bank,
LOW INCOME CREDIT UNION AS DESIGNATED BY SECTION FOUR HUNDRED FIFTY-A OF
THIS CHAPTER, OR ANY FEDERAL CREDIT UNION THAT HAS BEEN DESIGNATED A LOW
INCOME CREDIT UNION BY THE NATIONAL CREDIT UNION ADMINISTRATION, and
shall also be subject to the provisions of section one hundred five of
the state finance law or section ten of the general municipal law relat-
ing to such deposits.
S 2. Subdivision 3 of section 96-d of the banking law, as amended by
chapter 526 of the laws of 1998, is amended to read as follows:
3. The establishment of a branch in a banking development district by
a bank, trust company [or], national bank, LOW INCOME CREDIT UNION AS
DESIGNATED BY SECTION FOUR HUNDRED FIFTY-A OF THIS CHAPTER, OR ANY
FEDERAL CREDIT UNION THAT HAS BEEN DESIGNATED A LOW INCOME CREDIT UNION
BY THE NATIONAL CREDIT UNION ADMINISTRATION, shall be subject to all
applicable state and federal laws regarding the establishment of branch
offices, including the provisions of section one hundred five of this
article, provided however that the branch application fee required
pursuant to section twenty-nine of this chapter shall be waived for any
such branch. A bank or trust company may submit an application to open a
branch office simultaneously with the submission of the application for
the designation of a banking development district.
S 3. Subdivision 3 of section 96-d of the banking law, as amended by
chapter 204 of the laws of 1997, is amended to read as follows:
3. The establishment of a branch in a banking development district by
a bank, trust company [or], national bank, LOW INCOME CREDIT UNION AS
DESIGNATED BY SECTION FOUR HUNDRED FIFTY-A OF THIS CHAPTER, OR ANY
FEDERAL CREDIT UNION THAT HAS BEEN DESIGNATED A LOW INCOME CREDIT UNION
BY THE NATIONAL CREDIT UNION ADMINISTRATION, shall be subject to all
applicable state and federal laws regarding the establishment of branch
S. 5279 3
offices, including the provisions of section one hundred five of this
article. A bank or trust company may submit an application to open a
branch office simultaneously with the submission of the application for
the designation of a banking development district.
S 4. This act shall take effect immediately, provided, however, that
the amendments to paragraph (a) of subdivision 5 of section 96-d of the
banking law made by section one of this act shall not affect the repeal
of such subdivision and shall be deemed to be repealed therewith;
provided further that the amendments to subdivision 3 of section 96-d of
the banking law made by section two of this act shall be subject to the
expiration and reversion of such subdivision pursuant to section 4 of
chapter 526 of the laws of 1998, as amended, when upon such date the
provisions of section three of this act shall take effect.