Bill Text: NY A04605 | 2023-2024 | General Assembly | Introduced


Bill Title: Establishes the state financial literacy fund which provides funding for project grants to organizations in order to establish financial capability and financial literacy programs. products content and/or services for at-risk populations in New York.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to banks [A04605 Detail]

Download: New_York-2023-A04605-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4605

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 17, 2023
                                       ___________

        Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
          the Committee on Banks

        AN ACT to amend the state finance law and the education law, in relation
          to establishing the state financial literacy fund

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.   The state finance law is amended by adding a new section
     2  99-qq to read as follows:
     3    § 99-qq. State financial literacy fund. 1. Notwithstanding  any  other
     4  provision  of  law, rule, regulation, or practice to the contrary, there
     5  is hereby established in the joint custody of the state comptroller, the
     6  attorney general, and commissioner of taxation and finance a fund to  be
     7  known as the "state financial literacy fund".
     8    2.  For  the  purposes of this section, the following terms shall have
     9  the following meanings:
    10    a. "Financial capability" means: (i) financial literacy and access  to
    11  appropriate financial products; and
    12    (ii)(A)  the  ability to act, including knowledge, skills, confidence,
    13  and motivation; and
    14    (B) the opportunity to act, through  access  to  beneficial  financial
    15  products and institutions.
    16    b.  "Financial literacy" means the ability to use knowledge and skills
    17  to manage financial resources effectively for a  lifetime  of  financial
    18  well-being.
    19    c.  "Organization"  means a state agency, state authority or an organ-
    20  ization that possesses a federal tax exemption under  section  501(c)(3)
    21  of the United States internal revenue code.
    22    d. "Unbanked" means an individual not served by an insured institution
    23  in any capacity.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02476-01-3

        A. 4605                             2

     1    e.  "Underbanked"  means  an  individual with an account at an insured
     2  institution  but  who  has  obtained  alternative,  nonbank,   financial
     3  services in the past twelve months.
     4    3.  Such  fund shall consist of all moneys collected by the state from
     5  courts of the unified court system pursuant to  article  twenty-four  of
     6  the insurance law and all other moneys appropriated, credited, or trans-
     7  ferred thereto from any other fund or source pursuant to law. The moneys
     8  in  the  state  financial  literacy fund shall be kept separate from and
     9  shall not be commingled with any other moneys  in  the  custody  of  the
    10  state comptroller.
    11    4.  Beginning on April first, two thousand twenty-four and annually on
    12  April first each year thereafter, the attorney general shall transfer  a
    13  sum up to one million dollars, subject to available funding, from moneys
    14  pursuant to subdivision three of this section.
    15    5. Moneys of such fund shall be made available to the attorney general
    16  and  shall  be used for project grants to duly applying organizations to
    17  establish  financial  capability  and   financial   literacy   programs,
    18  products,  content  and/or services for at-risk populations in New York.
    19  The attorney general shall establish the application criteria  for  such
    20  organizations for the purposes of the fund as defined in this section.
    21    6.  Moneys  in such fund shall only be expended for a grant to provide
    22  the following financial  capability  and  financial  literacy  programs,
    23  products, content and/or services:
    24    a.  to design, develop and/or offer free classroom or web based finan-
    25  cial education content intended  to  help  an  unbanked  or  underbanked
    26  consumer  (i) achieve, identify and access lower cost financial products
    27  and services; (ii) establish or improve  their  credit;  (iii)  increase
    28  their saving or retirement funds; or (iv) lower their debt;
    29    b.  to  provide individualized, free financial coaching to an unbanked
    30  or underbanked consumer;
    31    c. to design, develop and/or  offer  free  financial  products  and/or
    32  services  intended to help an unbanked or underbanked consumer (i) iden-
    33  tify and access responsible financial products and services; (ii) estab-
    34  lish or improve their credit; (iii) increase their saving or  retirement
    35  funds; or (iv) lower their debt; or
    36    d. to design, develop and/or offer free classroom-based programs to be
    37  implemented  in  the  state  education  system to increase the financial
    38  capability and financial education of the state's youth.
    39    7. a. Every organization awarded a  project  grant  pursuant  to  this
    40  section shall:
    41    (i) promote and enhance the economic security of consumers;
    42    (ii)  include an evaluation component which is designed to measure and
    43  document the extent to which such project achieved its intended  outcome
    44  and  increased  financial  well-being  of  consumers  who  utilized such
    45  project; and
    46    (iii) submit an annual report to the attorney general documenting:
    47    (A) the specific uses to which such funds were allocated;
    48    (B) the number of individual consumers aided through the use  of  such
    49  funds;
    50    (C)  the  quantitative  results  regarding  the impact of such project
    51  grant; and
    52    (D) any other information requested by the attorney general.
    53    b. Failure to submit a report pursuant to subparagraph (iii) of  para-
    54  graph  a  of  this subdivision shall render such organization ineligible
    55  for project grant funding during the subsequent fiscal year.

        A. 4605                             3

     1    c. The attorney general shall post annually on their website a summary
     2  of the annual reports received pursuant to subparagraph (iii)  of  para-
     3  graph a of this subdivision.
     4    8.  The moneys shall be payable from the fund on the audit and warrant
     5  of the comptroller on vouchers approved and certified by the commission-
     6  er of the division of human rights.
     7    § 2. The education law is amended by adding a  new  section  803-c  to
     8  read as follows:
     9    § 803-c. Instruction relating to financial literacy. 1. The department
    10  shall require that a school district incorporate into the social studies
    11  curriculum  for  each of the grades kindergarten through eight financial
    12  literacy instruction for pupils enrolled in such grades.  The purpose of
    13  such instruction shall be to provide students with the  basic  financial
    14  literacy necessary for sound financial decision-making.
    15    2.  The  instruction  shall  meet  the requirements established by the
    16  department and shall:
    17    a. be appropriate to, and reflect the age and  comprehension  of,  the
    18  students enrolled in the particular grade level; and
    19    b.  include  content associated with personal financial responsibility
    20  as determined by the department.
    21    3.  The  commissioner  shall  provide  school  districts  with  sample
    22  instructional  materials  and  resources that may be used to support the
    23  implementation of the financial literacy instruction requirement.
    24    § 3. Section 305 of the education law  is  amended  by  adding  a  new
    25  subdivision 57 to read as follows:
    26    57.  The  commissioner  is  authorized  to develop a concise course of
    27  instruction in financial literacy and personal financial management  and
    28  require  that  such  course be completed by students prior to graduation
    29  from high school. Such course of instruction may  be  incorporated  into
    30  other  class  work  or courses of instruction provided to such students.
    31  The financial literacy course  shall  include  content  associated  with
    32  personal  financial  responsibility,  financial  literacy  and  personal
    33  financial management as determined by the commissioner.
    34    § 4. This act shall take effect immediately.
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