Bill Text: NY A08971 | 2011-2012 | General Assembly | Introduced
Bill Title: Authorizes the state, local governments and public authorities to arrange for redeposit of moneys through a deposit placement program through a bank or trust company that serves as custodian with respect to the moneys and arranges for the redeposit of the moneys in one or more banking institutions, the monies being secured, provided that the depository receives deposits from customers of other financial institutions that are at least equal to the amount of the moneys so invested.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2012-07-18 - signed chap.128 [A08971 Detail]
Download: New_York-2011-A08971-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 8971 I N A S S E M B L Y January 10, 2012 ___________ Introduced by M. of A. MAGNARELLI, JAFFEE, GALEF -- Multi-Sponsored by -- M. of A. MARKEY -- read once and referred to the Committee on Local Governments AN ACT to amend the general municipal law, the state finance law and the public authorities law, in relation to authorizing the state, local governments and public authorities to arrange for redeposit of moneys through a deposit placement program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph a of subdivision 2 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 a. (I) The governing board of every local government shall designate 5 one or more banks or trust companies for the deposit of public funds, 6 the disposition of which is not otherwise provided for by law, received 7 by the chief fiscal officer or any other officer authorized by law to 8 make deposits. Such designation shall be by resolution of the governing 9 board or, in the case of a city, such other body as may be authorized or 10 required by law to designate depositaries. Such resolution shall speci- 11 fy the maximum amount which may be kept on deposit at any time in each 12 such bank or trust company. Such designations and amounts may be 13 changed at any time by further resolution. 14 (II) THE GOVERNING BOARD OF A LOCAL GOVERNMENT THAT HAS DESIGNATED ONE 15 OR MORE BANKS OR TRUST COMPANIES FOR THE DEPOSIT OF PUBLIC FUNDS PURSU- 16 ANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH MAY, IN ITS DISCRETION, 17 AUTHORIZE THE DESIGNATED BANK OR TRUST COMPANY TO ARRANGE FOR THE REDE- 18 POSIT OF THE LOCAL GOVERNMENT'S FUNDS IN ONE OR MORE BANKING INSTI- 19 TUTIONS, AS DEFINED IN SECTION NINE-R OF THE BANKING LAW, FOR THE 20 ACCOUNT OF THE LOCAL GOVERNMENT, THROUGH A DEPOSIT PLACEMENT PROGRAM 21 THAT MEETS ALL OF THE FOLLOWING CONDITIONS: 22 (A) ON OR AFTER THE DATE THAT THE LOCAL GOVERNMENT'S FUNDS ARE 23 RECEIVED, THE DESIGNATED BANK OR TRUST COMPANY (I) ARRANGES FOR THE 24 REDEPOSIT OF SUCH FUNDS INTO DEPOSIT ACCOUNTS IN ONE OR MORE BANKING EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11304-01-1 A. 8971 2 1 INSTITUTIONS AND (II) SERVES AS CUSTODIAN FOR THE LOCAL GOVERNMENT WITH 2 RESPECT TO THE FUNDS REDEPOSITED INTO SUCH ACCOUNTS. 3 (B) LOCAL GOVERNMENT FUNDS DEPOSITED IN A DESIGNATED BANK OR TRUST 4 COMPANY IN ACCORDANCE WITH THIS SUBPARAGRAPH AND HELD IN THE DESIGNATED 5 BANK OR TRUST COMPANY IN EXCESS OF THE AMOUNT INSURED BY THE FEDERAL 6 DEPOSIT INSURANCE CORPORATION PENDING REDEPOSIT OF THE FUNDS PURSUANT TO 7 THIS SUBPARAGRAPH SHALL BE SECURED IN ACCORDANCE WITH SUBDIVISION THREE 8 OF THIS SECTION. 9 (C) THE FULL AMOUNT OF LOCAL GOVERNMENT FUNDS REDEPOSITED BY THE 10 DESIGNATED BANK OR TRUST COMPANY INTO DEPOSIT ACCOUNTS IN BANKING INSTI- 11 TUTIONS PURSUANT TO THIS SUBPARAGRAPH (PLUS ACCRUED INTEREST, IF ANY) 12 SHALL BE INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION. 13 (D) AT THE SAME TIME THAT THE MONEY OF THE LOCAL GOVERNMENT IS REDE- 14 POSITED PURSUANT TO THIS SUBPARAGRAPH, THE SELECTED DEPOSITORY RECEIVES 15 AN AMOUNT OF DEPOSITS FROM CUSTOMERS OF OTHER FINANCIAL INSTITUTIONS 16 PURSUANT TO THE DEPOSIT PLACEMENT PROGRAM THAT ARE AT LEAST EQUAL TO THE 17 AMOUNT OF THE LOCAL GOVERNMENT'S FUNDS REDEPOSITED BY THE DESIGNATED 18 BANK OR TRUST COMPANY. 19 S 2. Subdivision 2 of section 11 of the general municipal law, as 20 amended by chapter 708 of the laws of 1992, is amended to read as 21 follows: 22 2. A. The governing board of any local government or, if the governing 23 board so delegates, the chief fiscal officer or other officer having 24 custody of the moneys may temporarily invest moneys not required for 25 immediate expenditure, except moneys the investment of which is other- 26 wise provided for by law, EITHER: (1) in special time deposit accounts 27 in, or certificates of deposit issued by, a bank or trust company 28 located and authorized to do business in this state[, provided however, 29 that]; OR (2) IN ACCORDANCE WITH ALL OF THE FOLLOWING CONDITIONS: 30 (I) THE MONEYS ARE INVESTED THROUGH A BANK OR TRUST COMPANY LOCATED 31 AND AUTHORIZED TO DO BUSINESS IN THIS STATE; 32 (II) THE BANK OR TRUST COMPANY ARRANGES FOR THE DEPOSIT OF THE MONEYS 33 IN CERTIFICATES OF DEPOSIT IN ONE OR MORE BANKING INSTITUTIONS, AS 34 DEFINED IN SECTION NINE-R OF THE BANKING LAW, FOR THE ACCOUNT OF THE 35 LOCAL GOVERNMENT; 36 (III) THE FULL AMOUNT OF PRINCIPAL AND ACCRUED INTEREST OF EACH SUCH 37 CERTIFICATE OF DEPOSIT MUST BE INSURED BY THE FEDERAL DEPOSIT INSURANCE 38 CORPORATION; 39 (IV) THE BANK OR TRUST COMPANY ACTS AS CUSTODIAN FOR THE LOCAL GOVERN- 40 MENT WITH RESPECT TO SUCH CERTIFICATES OF DEPOSIT ISSUED FOR THE LOCAL 41 GOVERNMENT'S ACCOUNT; AND 42 (V) AT THE SAME TIME THAT THE LOCAL GOVERNMENT'S MONEYS ARE DEPOSITED 43 AND THE CERTIFICATES OF DEPOSIT ARE ISSUED FOR THE ACCOUNT OF THE LOCAL 44 GOVERNMENT, THE BANK OR TRUST COMPANY RECEIVES AN AMOUNT OF DEPOSITS 45 FROM CUSTOMERS OF OTHER FINANCIAL INSTITUTIONS EQUAL TO OR GREATER THAN 46 THE AMOUNT OF THE MONEYS INVESTED BY THE LOCAL GOVERNMENT THROUGH THE 47 BANK OR TRUST COMPANY. 48 B. FOR ANY INVESTMENT MADE PURSUANT TO PARAGRAPH A OF THIS SUBDIVI- 49 SION, such time deposit account or certificate of deposit shall be paya- 50 ble within such time as the proceeds shall be needed to meet expendi- 51 tures for which such moneys were obtained and provided further that such 52 time deposit account or certificate of deposit be secured in the same 53 manner as is provided for securing deposits of public funds by subdivi- 54 sion three of section ten of this article. 55 S 3. Section 106 of the state finance law is amended by adding a new 56 subdivision D to read as follows: A. 8971 3 1 D. IN LIEU OF A SECURITY BOND AS PRESCRIBED UNDER SUBDIVISION A OF 2 THIS SECTION OR OTHER SECURITY AS PRESCRIBED UNDER SUBDIVISION B OF THIS 3 SECTION, THE COMPTROLLER MAY AUTHORIZE A DESIGNATED BANK OR TRUST COMPA- 4 NY TO ARRANGE FOR THE REDEPOSIT OF THE MONEYS THROUGH A DEPOSIT PLACE- 5 MENT PROGRAM THAT MEETS ALL OF THE FOLLOWING CONDITIONS: 6 (1) THE DESIGNATED BANK OR TRUST COMPANY ARRANGES FOR THE REDEPOSIT OF 7 THE MONEYS INTO DEPOSIT ACCOUNTS WITH ONE OR MORE BANKING INSTITUTIONS, 8 AS DEFINED IN SECTION NINE-R OF THE BANKING LAW, FOR THE ACCOUNT OF THE 9 STATE, AND SERVES AS CUSTODIAN FOR THE STATE WITH RESPECT TO THE MONEYS 10 REDEPOSITED INTO SUCH DEPOSIT ACCOUNTS. 11 (2) MONEYS HELD BY A DESIGNATED BANK OR TRUST COMPANY PENDING REDEPOS- 12 IT PURSUANT TO PARAGRAPH ONE OF THIS SUBDIVISION THAT ARE IN EXCESS OF 13 THE AMOUNT INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION SHALL BE 14 SECURED IN ACCORDANCE WITH SUBDIVISION A OR B OF THIS SECTION. 15 (3) THE FULL AMOUNT OF THE MONEYS REDEPOSITED INTO DEPOSIT ACCOUNTS 16 PURSUANT TO PARAGRAPH ONE OF THIS SUBDIVISION, PLUS ACCRUED INTEREST, IF 17 ANY, SHALL BE INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION. 18 (4) AT THE SAME TIME THAT THE MONEYS ARE REDEPOSITED PURSUANT TO PARA- 19 GRAPH ONE OF THIS SUBDIVISION, THE DESIGNATED BANK OR TRUST COMPANY 20 RECEIVES AN AMOUNT OF DEPOSITS FROM CUSTOMERS OF OTHER FINANCIAL INSTI- 21 TUTIONS PURSUANT TO THE DEPOSIT PLACEMENT PROGRAM THAT ARE AT LEAST 22 EQUAL TO THE AMOUNT OF THE MONEYS REDEPOSITED BY THE DESIGNATED BANK OR 23 TRUST COMPANY. 24 S 4. The public authorities law is amended by adding a new section 25 2927 to read as follows: 26 S 2927. INVESTMENT OF FUNDS BY PUBLIC AUTHORITIES AND PUBLIC BENEFIT 27 CORPORATIONS IN DEPOSITS INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPO- 28 RATION. 29 NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS CHAPTER OR ANY 30 OTHER GENERAL, SPECIAL OR LOCAL LAW, EVERY CORPORATION WHETHER OR NOT 31 SUCH CORPORATION IS OTHERWISE GOVERNED BY THIS CHAPTER, MAY TEMPORARILY 32 INVEST MONEYS NOT REQUIRED FOR IMMEDIATE EXPENDITURE IN ACCORDANCE WITH 33 THE FOLLOWING CONDITIONS: 34 1. THE MONEYS ARE INVESTED THROUGH A BANK OR TRUST COMPANY LOCATED AND 35 AUTHORIZED TO DO BUSINESS IN THIS STATE SELECTED BY THE CORPORATION; 36 2. THE SELECTED BANK OR TRUST COMPANY ARRANGES FOR THE REDEPOSIT OF 37 THE MONEYS IN CERTIFICATES OF DEPOSIT AND OTHER DEPOSIT ACCOUNTS IN ONE 38 OR MORE BANKING INSTITUTIONS, AS DEFINED IN SECTION NINE-R OF THE BANK- 39 ING LAW, FOR THE ACCOUNT OF THE CORPORATION; 40 3. THE FULL AMOUNT OF PRINCIPAL AND ACCRUED INTEREST OF EACH SUCH 41 DEPOSIT IS INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION; 42 4. THE SELECTED BANK OR TRUST COMPANY IN THIS STATE ACTS AS CUSTODIAN 43 FOR THE CORPORATION WITH RESPECT TO THE FUNDS REDEPOSITED PURSUANT TO 44 THIS SECTION; AND 45 5. AT THE SAME TIME THAT THE CORPORATION'S MONEYS ARE REDEPOSITED 46 PURSUANT TO THIS SECTION, THE SELECTED BANK OR TRUST COMPANY IN THIS 47 STATE RECEIVES AN AMOUNT OF DEPOSITS FROM CUSTOMERS OF OTHER FINANCIAL 48 INSTITUTIONS EQUAL TO OR GREATER THAN THE AMOUNT OF THE MONEYS INVESTED 49 BY THE CORPORATION THROUGH THE SELECTED BANK OR TRUST COMPANY IN THIS 50 STATE. 51 S 5. This act shall take effect immediately.