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S9383A

An act to amend the Banking Law — 2024-06-06 · Calendar #1305

Senate Print 9383A, a bill to amend the Banking Law, was laid aside on a motion by Sen. Lanza during floor consideration. The bill did not proceed to a vote.

Debate Summary

No debate occurred on this bill.


An act to amend the Banking Law — 2024-06-06 · Calendar #1305

The Senate passed legislation amending the Banking Law to combat fraud in joint bank accounts, with a 40-21 vote. The bill, sponsored by Sen. Sanders, would require account holders to clearly designate beneficiaries upon death through a new signature card process, rather than defaulting to joint account holders. The measure applies only to state-chartered banks and requires banks to make two good-faith attempts to notify existing account holders of the new process, with no penalty if customers fail to comply. Sen. Sanders cited a personal example of a relative whose girlfriend kept all funds after his death, arguing the bill protects average New Yorkers who cannot afford lawyers. He noted that more than 20 states have already adopted similar protections. However, opponents including Sen. Borrello and Sen. Martins raised concerns about implementation burden on community banks, lack of clear liability protections, and the impact on low-income account holders. They argued the bill addresses an estate planning issue rather than a banking issue and noted that federally chartered banks would not be affected, creating an uneven system. The bill takes effect July 1, 2025.
PASSED Ayes: 40 · Nays: 21

Debate Summary

The bill addresses fraud in joint bank accounts by establishing a new process requiring account holders to clearly designate who will receive funds upon death. Sen. Sanders cited a personal example of a relative's girlfriend keeping all funds after his death. Sen. Borrello raised concerns about implementation burden on state-chartered banks, potential liability issues, and the impact on unbanked/underbanked populations, noting that federal banks would not be affected. The debate centered on whether banks would have adequate liability protection and whether the requirement for legal consultation would burden low-income account holders.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Sanders aye Democrat
Ashby nay Republican
Borrello nay Republican
Canzoneri-Fitzpatrick nay Republican
Cooney nay Democrat
Gallivan nay Republican
Griffo nay Republican
Helming nay Republican
Lanza nay Republican
Martins nay Republican
Mattera nay Republican
Murray nay Republican
O'Mara nay Republican
Oberacker nay Republican
Ortt nay Republican
Palumbo nay Republican
Rhoads nay Republican
Rolison nay Republican
Stec nay Republican
Tedisco nay Republican
Weber nay Republican
Weik nay Republican