Senate Bill S1461

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1461
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the state finance law and the banking law,  in  relation
   to  authorizing  credit  unions to participate in the excelsior linked
   deposit program

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of subdivision 14 of section 213 of the state
 finance  law,  as added by chapter 25 of the laws of 1995, is amended to
 read as follows:
   (b) any thrift OR CREDIT UNION which an  authorized  depositor  deter-
 mines  is eligible to accept linked deposits based upon criteria applied
 by the authorized depositor in making determinations under  section  one
 hundred  five  of  this  chapter, and which agrees to participate in the
 program, provided that any linked deposit in such thrift OR CREDIT UNION
 shall be secured in the same manner  as  moneys  deposited  pursuant  to
 section  one  hundred  five  of  this chapter and such thrifts OR CREDIT
 UNIONS shall pledge assets or furnish  other  security  satisfactory  in
 form and amount to the authorized depositor for the repayment of moneys.
 Until  April first, nineteen hundred ninety-six, in the determination of
 thrifts eligible to accept linked  deposits,  the  authorized  depositor
 shall  give  priority  to  applications by those thrifts seeking to make
 linked loans in economic development regions in  which  fewer  than  ten
 linked  loans  have been made on or before April first, nineteen hundred
 ninety-five. Provided, however, that the granting of such priority shall
 in no way relieve an authorized depositor of his or her duty  and  obli-
 gation  to  review all thrift applications from all economic development
 regions in the state on a timely basis.
   § 2. The closing paragraph of subdivision 15 of  section  213  of  the
 state  finance  law,  as  amended by chapter 291 of the laws of 2004, is
 amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05838-01-9

 S. 1461                             2
 
   This article and the related statutes that refer to  this  article  do
 not grant thrifts, CREDIT UNIONS, farm credit system institutions or the
 New  York  business development corporation eligibility to accept public
 funds or public moneys from public entities for investment purposes. For
 farm credit system institutions, the linked deposit program is available
 for loans with an agricultural purpose as defined by the farm credit act
 of  nineteen hundred seventy-one, as amended and regulations promulgated
 thereunder. A linked deposit is intended to enable a lender  to  make  a
 linked loan to an eligible business and such deposit earns a yield lower
 than posted rates in order to accomplish the goals of this article.
   §  3.  Section 213 of the state finance law is amended by adding a new
 subdivision 24 to read as follows:
   24. "CREDIT UNION" MEANS ANY  CREDIT  UNION  CHARTERED  UNDER  ARTICLE
 ELEVEN OF THE BANKING LAW OR ANY FEDERAL CREDIT UNION.
   §  4. Section 454 of the banking law is amended by adding a new subdi-
 vision 33-a to read as follows:
   33-A. TO ACCEPT MONEYS DEPOSITED BY THE COMMISSIONER OF  TAXATION  AND
 FINANCE  OR  THE  COMPTROLLER  AS  LINKED DEPOSITS AND MAKE LINKED LOANS
 PURSUANT TO ARTICLE FIFTEEN OF THE  STATE  FINANCE  LAW  AND  TO  PLEDGE
 ASSETS  OR FURNISH OTHER SECURITY SATISFACTORY IN FORM AND AMOUNT TO THE
 DEPOSITOR, FOR REPAYMENT OF SUCH MONEYS.
   § 5. This act shall take effect immediately.