S T A T E O F N E W Y O R K
________________________________________________________________________
5308
2017-2018 Regular Sessions
I N S E N A T E
March 20, 2017
___________
Introduced by Sen. HAMILTON -- (at request of the Department of Finan-
cial Services) -- 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 the banking development
district program; to amend chapter 526 of the laws of 1998, amending
the banking law relating to participation in the banking development
districts program, in relation to the effectiveness thereof; and to
repeal certain provisions of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of subdivision 1 of section 96-d of
the banking law, as amended by chapter 526 of the laws of 1998 and as
further amended by section 104 of part A of chapter 62 of the laws of
2011, is REPEALED.
§ 2. Subdivision 2 of section 96-d of the banking law, as added by
chapter 204 of the laws of 1997, is amended to read as follows:
2. A local government, in conjunction with a bank, trust company or
national bank, 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] THE DESIGNATION
OF A BANKING DEVELOPMENT DISTRICT to the local government, the bank,
trust company or national bank, the state comptroller, 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. THE DESIGNATION OF A BANKING DEVELOPMENT DISTRICT SHALL BE
VALID FOR FOURTEEN YEARS. PRIOR TO THE EXPIRATION OF A BANKING DEVELOP-
MENT DISTRICT DESIGNATION, THE SUPERINTENDENT MAY EXTEND THE DESIGNATION
FOR ONE OR MORE ADDITIONAL FIVE OR TEN YEAR PERIODS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10007-02-7
S. 5308 2
§ 3. Section 4 of chapter 526 of the laws of 1998, amending the bank-
ing law relating to participation in the banking development districts
program, as amended by chapter 46 of the laws of 2016, is amended to
read as follows:
§ 4. This act shall take effect on the first day of January next
succeeding the date on which it shall have become a law and SECTION
THREE OF THIS ACT shall remain in effect until January 1, 2023 when upon
such date it shall expire and be deemed repealed; provided however that
any branch established prior to the expiration and repeal of this act by
a savings bank, savings and loan association, federal savings bank or
federal savings and loan association in a banking development district
pursuant to this act shall continue to operate in accordance with this
act and remain eligible for all the rights and privileges authorized by
this act.
§ 4. Section 96-d of the banking law is amended by adding a new subdi-
vision 3-a to read as follows:
3-A. IN ORDER TO MEET THE DEMONSTRATED NEED FOR BANKING SERVICES IN A
BANKING DEVELOPMENT DISTRICT, ANY BANK, TRUST COMPANY OR NATIONAL BANK
THAT HAS ESTABLISHED A BRANCH WITHIN A BANKING DEVELOPMENT DISTRICT
SHALL OFFER AFFORDABLE PRODUCTS AND SERVICES AND PROVIDE FINANCIAL
EDUCATION TAILORED TO THE BANKING NEEDS OF THE COMMUNITY IN WHICH THE
BRANCH IS LOCATED.
§ 5. Subdivision 5 of section 96-d of the banking law, as added by
chapter 526 of the laws of 1998, paragraph (a) as amended by chapter 328
of the laws of 1999 and paragraph (b) as further amended by section 104
of part A of chapter 62 of the laws of 2011, is amended to read as
follows:
5. (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 shall
be deemed to include a savings bank, savings and loan association,
federal savings and loan association [or], federal savings bank, CREDIT
UNION, OR FEDERAL CREDIT UNION; provided, however, that such provisions
of law do not grant a savings bank, savings and loan association, feder-
al savings and loan association [or], federal savings bank, CREDIT
UNION, OR FEDERAL CREDIT UNION eligibility to accept municipal or public
funds or municipal or public moneys other than for the limited purposes
of the establishment 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 municipal 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 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 relating to such deposits.
(b) Notwithstanding any other provision of law, the superintendent of
financial services shall promulgate rules and regulations to authorize
the participation of savings banks, savings and loan associations,
federal savings banks [and], federal savings and loan associations,
S. 5308 3
CREDIT UNIONS, AND FEDERAL CREDIT UNIONS in the program established
pursuant to this section.
§ 6. This act shall take effect immediately; provided, however, that
the amendments to subdivision 5 of section 96-d of the banking law made
by section five of this act shall not affect the repeal of such subdivi-
sion and shall be deemed repealed therewith.