New York Public Personnel Law: New York State's Banking and Insurance Departments to be consolidated into a new Department of Financial Services effective October 3, 2011

April 12, 2011

New York State's Banking and Insurance Departments to be consolidated into a new Department of Financial Services effective October 3, 2011

New York State's Banking and Insurance Departments to be consolidated into a new Department of Financial Services effective October 3, 2011

Source: Bond, Schoeneck & King, PLPC

As part of the approval of the budget bill on March 31, Governor Andrew M. Cuomo signed into law Chapter 62 of the Laws of 2011 which consolidates the Banking Department and the Insurance Department into a new Department of Financial Services*.

BSK reports that:

“The new law consolidates the Banking and Insurance Departments to establish the Department of Financial Services, which will have a Banking Division and an Insurance Division.

"There will be a Superintendent of Financial Services appointed by the Governor, by and with the consent of the Senate, and who shall hold office at the pleasure of the Governor. The Superintendent of Financial Services is granted enforcement and regulatory authority over financial products and services. The Superintendent of Financial Services shall appoint a Deputy Superintendent who shall be the head of the Banking Division and a Deputy Superintendent who shall be the head of the Insurance Division.

"The Superintendent of Financial Services may remove at will any Deputy Superintendent, except as may be otherwise provided by the New York Civil Service Law.”

* Article V, §2 of the State's Constitution provides that "There shall be not more than twenty civil departments in the state government, including those referred to in this constitution. The legislature may by law change the names of the departments referred to in this constitution." §3 of Article V of the Constitution provides that." Subject to the limitations contained in this constitution, the legislature may from time to time assign by law new powers and functions to departments, officers, boards, commissions or executive offices of the governor, and increase, modify or diminish their powers and functions. Nothing contained in this article shall prevent the legislature from creating temporary commissions for special purposes or executive offices of the governor and from reducing the number of departments as provided for in this article, by consolidation or otherwise."

Bond, Schoeneck & King’s report concerning this change is posted on the Internet at:

http://www.bsk.com/archives/detail.cfm?archive=publication&ID=1286
.

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