A2485-2013 Actions

• Jan 15, 2013: referred to banks

A2485-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2485
 2013-2014 Regular Sessions
 I N  ASSEMBLY
 January 15, 2013
 
 Introduced  by  M.  of  A.  LAVINE, RUSSELL, WEPRIN, ZEBROWSKI, ROBERTS,
 SIMANOWITZ, PERRY, BRINDISI, KEARNS,  TENNEY,  CERETTO,  MONTESANO  -
 Multi-Sponsored  by  -- M. of A.  CORWIN, HAWLEY, LUPARDO, McLAUGHLIN,
 PALMESANO, RA, RAIA, SCHIMEL -- read once and referred to the  Commit
 tee on Banks
 AN  ACT  to  amend  the  banking  law  and the penal law, in relation to
 increasing the penalty for robbery of property from a bank
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 2 of section 592 of the banking law, as amended
 by chapter 472 of the laws of 2008, is amended to read as follows:

 2.  The  superintendent may refuse to issue a license pursuant to this
 article if he or she shall find that the applicant, or any person who is
 a director, officer, partner, agent, employee,  substantial  stockholder
 of  the  applicant,  consultant or person having a relationship with the
 applicant similar to a consultant, (a) has been  convicted  of  a  crime
 involving  an  activity  which  is  a felony under this chapter or under
 article one hundred fifty-five, one hundred seventy, one hundred  seven
 ty-five, one hundred seventy-six, one hundred eighty, one hundred eight
 y-five,  one  hundred eighty-seven, one hundred ninety, two hundred, two
 hundred ten or four hundred seventy,  OR  SUBDIVISION  FOUR  OF  SECTION
 160.10  of  the penal law or any comparable felony under the laws of any
 other state or the United States, provided that such crime  would  be  a
 felony  if  committed and prosecuted under the laws of this state or (b)
 has had a license or registration revoked by the superintendent  or  (c)
 has  been  a  director, partner, or substantial stockholder of an entity
 which has had a license or registration revoked by the superintendent or
 (d) has been an agent, employee or officer of an entity, or a consultant
 to, or person having had a similar relationship with, any  entity  which
 has  had  a  license or registration revoked by the superintendent where
 such person shall have been found by the superintendent to bear  respon
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06295-01-3
 
       A. 2485                             2
 sibility in connection with the revocation. The term "substantial stock
 holder",  as  used  in  this  subdivision, shall be deemed to refer to a
 person owning or controlling directly or indirectly ten  per  centum  or
 more of the total outstanding stock of a corporation.
 

S  2. Subdivision 2 of section 592-a of the banking law, as amended by
 chapter 472 of the laws of 2008, is amended to read as follows:

 2. The superintendent may refuse to issue a  certificate  pursuant  to
 this  article  if he or she shall find that the applicant, or any person
 who is a director, officer, partner, agent, employee, substantial stock
 holder of the applicant, consultant or person having a relationship with
 the applicant similar to a consultant, (a) has been convicted of a crime
 involving an activity which is a felony  under  this  chapter  or  under
 article  one hundred fifty-five, one hundred seventy, one hundred seven
 ty-five, one hundred seventy-six, one hundred eighty, one hundred eight
 y-five, one hundred eighty-seven, one hundred ninety, two  hundred,  two
 hundred  ten  or  four  hundred  seventy, OR SUBDIVISION FOUR OF SECTION
 160.10 of the penal law or any comparable felony under the laws  of  any
 other  state  or  the United States, provided that such crime would be a
 felony if committed and prosecuted under the laws of this state  or  (b)
 has  had  a license or registration revoked by the superintendent or (c)
 has been a director, partner, or substantial stockholder  of  an  entity
 which has had a license or registration revoked by the superintendent or
 (d) has been an agent, employee or officer of an entity, or a consultant
 to,  or  person having had a similar relationship with, any entity which
 has had a license or registration revoked by  the  superintendent  where
 such  person shall have been found by the superintendent to bear respon
 sibility in connection with the revocation. The term "substantial stock
 holder", as used in this subdivision, shall be  deemed  to  refer  to  a
 person  owning  or  controlling directly or indirectly ten per centum or
 more of the total outstanding stock of a corporation.
 

S 3. Subdivision 3 of section 160.10 of the penal  law,  as  added  by
 chapter  308  of the laws of 1995, is amended and a new subdivision 4 is
 added to read as follows:

 3. The property consists of a motor vehicle, as defined in section one
 hundred twenty-five of the vehicle and traffic law[.]; OR
 4. THE PROPERTY IS STOLEN FROM A BANK, TRUST  COMPANY,  SAVINGS  BANK,
 SAFE  DEPOSIT  COMPANY, SAVINGS AND LOAN ASSOCIATION OR CREDIT UNION, AS
 SUCH TERMS ARE DEFINED IN SECTION TWO OF THE  BANKING  LAW,  OR  FROM  A
 FOREIGN  BANKING  CORPORATION  LICENSED  PURSUANT  TO ARTICLE TWO OF THE
 BANKING LAW, OR FROM A BANK, TRUST COMPANY, SAVINGS  BANK,  SAVINGS  AND
 LOAN  ASSOCIATION,  CREDIT UNION OR FOREIGN BANKING CORPORATION WHICH IS
 INCORPORATED, CHARTERED, ORGANIZED OR LICENSED UNDER  THE  LAWS  OF  ANY
 OTHER  STATE  OR THE UNITED STATES AND WHICH MAINTAINS BRANCH OFFICES IN
 THIS STATE.
 

S 4. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.

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