Bill Text: NY A06522 | 2019-2020 | General Assembly | Amended


Bill Title: Establishes the New York state commission on establishing a bank owned by New York state for purposes of determining what benefits a public bank or network of public banks owned by the state of New York or by a public authority constituted by the state of New York could provide for the New York State government, local governments, communities, private businesses, community banks, credit unions and people; requires publication of the commission's findings and recommendations.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2020-01-08 - referred to ways and means [A06522 Detail]

Download: New_York-2019-A06522-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6522--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     March 11, 2019
                                       ___________

        Introduced  by  M.  of A. GALEF, O'DONNELL, STECK, MOSLEY, L. ROSENTHAL,
          QUART, BARNWELL -- Multi-Sponsored by -- M. of A. BUCHWALD,  GOTTFRIED
          --  read  once  and  referred  to  the Committee on Banks -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to establish a commission to determine  what  benefits  a  public
          bank or network of public banks owned by the state of New York or by a
          public authority constituted by the state of New York can provide; and
          providing for the repeal of such provisions upon expiration thereof

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

     1    Section 1. A temporary state commission, to be known as the  New  York
     2  state commission on establishing a bank owned by New York state, herein-
     3  after  referred to as the commission, is hereby established to determine
     4  what benefits a public bank or network of  public  banks  owned  by  the
     5  state  of  New York or by a public authority constituted by the state of
     6  New York could provide for the New York state government, local  govern-
     7  ments,  communities,  private businesses, community banks, credit unions
     8  and people.
     9    § 2. a. The commission shall  consist  of  seventeen  members,  to  be
    10  appointed as follows:
    11    (i)  eight  members  shall  be  appointed by the governor, one of whom
    12  shall be a representative of the New York state department of  financial
    13  services,  one shall be a representative from the New York state depart-
    14  ment of taxation and finance, the remaining  six  governor's  appointees
    15  shall  not  be employees of the executive branch and at least one member
    16  shall represent the banking and financial industries;
    17    (ii) one member shall be the New York state comptroller or  the  comp-
    18  troller's designee;
    19    (iii)  three  members shall be appointed by the temporary president of
    20  the senate, one of whom shall be a member of the senate;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00222-09-9

        A. 6522--A                          2

     1    (iv) one member shall be appointed  by  the  minority  leader  of  the
     2  senate;
     3    (v)  three  members shall be appointed by the speaker of the assembly,
     4  one of whom shall be a member of the assembly; and
     5    (vi) one member shall be appointed  by  the  minority  leader  of  the
     6  assembly.
     7    b.  The  governor  shall designate one of his or her appointees as the
     8  chair of the commission.
     9    c. The members of the commission shall  be  appointed  no  later  than
    10  ninety days after the effective date of this act.
    11    § 3. The commission shall:
    12    a.  determine  what  the existing laws and regulatory structures would
    13  need to be amended to create a public bank in New York state;
    14    b. evaluate the experiences of other states and countries with  state-
    15  owned  banks,  identifying  the  financial performance of such banks and
    16  evaluating the lending practices of such  banks  to  show  whether  such
    17  banks successfully fill lending gaps not filled by the private sector;
    18    c.  identify  changes to the current financial system that would maxi-
    19  mize the state's independence and free up capital for public priorities,
    20  including but not limited to:
    21    (i) a public bank model in which the state creates a  public  bank  to
    22  serve  its  own banking needs as currently provided by commercial banks;
    23  and
    24    (ii) a public bank model in which the state creates a public  bank  to
    25  serve  its  own  banking needs as currently provided by commercial banks
    26  and engages  in  supplemental  activities,  including  accepting  public
    27  deposits, accepting deposits from the general public, and issuing loans.
    28    d.  identify  steps  that can be taken immediately to further the ends
    29  identified in subdivision c of this section and to create a gradual plan
    30  under which the state could comply with both models listed in paragraphs
    31  (i) and (ii) of subdivision c of this section;
    32    e.   examine the  lending  practices,  including  lending  to  support
    33  infrastructure,  of  the  existing  public  agencies  in  the state that
    34  perform lending services. Any other public authority in the  state  that
    35  lends  money  shall cooperate fully with the commission and shall supply
    36  information reasonably required by  the  commission  to  carry  out  its
    37  charge;
    38    f. determine the benefits with respect to the availability of afforda-
    39  ble  credit; job and wealth creation; the diminishment of racial, gender
    40  and other social disparities in economic outcomes; and any other benefit
    41  that the commission deems appropriate that a state-owned public bank  or
    42  network  of  locally-controlled  public banks could provide to: New York
    43  state government; industry,  including  agriculture;  small  businesses;
    44  local  governments;  communities; credit unions and community banks; and
    45  people; and
    46    g. examine the political, economic, and social climate of public banks
    47  world-wide, and recommend safeguards to insulate a New York public  bank
    48  from such conditions.
    49    § 4. The commission shall:
    50    a.  hold at least three public hearings in distinct geographic regions
    51  of the state; and
    52    b. publish its findings and recommendations, together with  the  draft
    53  of  legislation necessary to carry those recommendations into effect, in
    54  a written report not later than one year after  the  effective  date  of
    55  this  act.  The report shall be published on the official website of the

        A. 6522--A                          3

     1  state, and shall be contemporaneously  filed  with  the  senate  finance
     2  committee and the assembly ways and means committee.
     3    §  5.  The members of the commission shall receive no compensation for
     4  their services, but shall be allowed their actual and necessary expenses
     5  incurred in the performance of their duties pursuant to this act.    The
     6  department of financial services shall provide staff and other resources
     7  to the commission.
     8    §  6.  This  act shall take effect immediately and shall expire and be
     9  deemed repealed one year after such effective date.
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