S T A T E O F N E W Y O R K
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6792
2019-2020 Regular Sessions
I N S E N A T E
October 23, 2019
___________
Introduced by Sen. SALAZAR -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the state finance law, the financial services law and
the New York state urban development corporation act, in relation to
establishing the empire state inclusive value ledger establishment and
administration act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "empire
state inclusive value ledger establishment and administration act".
§ 2. Legislative intent. Many New Yorkers, be they individuals or
small businesses, lack access to retail banking services that can enable
them to accumulate, store, and transfer value in simple commercial,
financial, testamentary and gift transactions on non-exploitative terms.
Many New Yorkers also lack access to basic retail payment services that
can enable them to exchange value for value in retail and other trans-
actions on non-exploitative terms. The aforementioned failures of access
operate not only to marginalize and exclude large numbers of New Yorkers
from ordinary interactions of the kind that underwrite full membership
in society, but also to impede or obstruct multiple commercial and other
transactions that determine the size and scope of the state's economy
and the prosperity of its residents. Since a money or currency is what
'counts' in a system of value accounting, storage, and payment, the
aforementioned failures of access also operate to limit the state and
its localities' aggregate currency supplies, which in turn prevents the
remuneration of many value-adding activities, including care of the
needy, maintenance of local infrastructures, and provision of other
public goods. As a result, the failures of access discourage such valu-
able activities from being undertaken at all.
A system of individual digital wallets or payment accounts, linked to
a single master account that enables payments to move between such indi-
vidual wallets or payment accounts, is now easy to construct and admin-
ister with the use of secure digital payment technologies. The state of
New York annually disburses more than fifty-five billion dollars in the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13914-01-9
S. 6792 2
form of tax credits, procurement payments, pension payouts, and other
program disbursals, all of which can readily be disbursed via a system
of individual wallets or accounts linked to a master account. The state
of New York also receives billions of dollars annually in the form of
service payments, tax monies, licensing fees, civil fines and other
remittances, all of which can be readily paid into a master account from
individual wallets or accounts of the kind just described.
A system of individual digital wallets or payment accounts linked to a
master account could accordingly function as a state-provided and admin-
istered payment infrastructure, in and through which value could be
accumulated, stored, grown and exchanged in 'real-time,' with no need
for fees or other forms of exploitative value extraction, thereby assur-
ing that all New Yorkers are (a) 'banked,' (b) able to create, receive
and grow wealth, and (c) empowered to participate fully in a growing
state economy suffering no shortage of currency or forgoing of commerce.
§ 3. The state finance law is amended by adding a new section 4-b to
read as follows:
§ 4-B. EMPIRE STATE INCLUSIVE VALUE LEDGER ESTABLISHMENT AND ADMINIS-
TRATION. 1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
A. "MASTER ACCOUNT" MEANS A DIGITAL ACCOUNT WHICH ENABLES PAYMENTS TO
BE TRANSFERRED BETWEEN INDIVIDUAL WALLETS.
B. "INDIVIDUAL WALLET" MEANS A DIGITAL ACCOUNT WHICH: (I) IS LINKED TO
A MASTER ACCOUNT; (II) ENABLES A RESIDENT TO SEND OR RECEIVE PAYMENT TO
ANY ENTITY OF THE STATE OR TO ANOTHER RESIDENT; (III) ALLOWS VALUE TO BE
ACCUMULATED, STORED, GROWN AND EXCHANGED; AND
(IV) IS NOT SUBJECT TO FEES OR OTHER VALUE EXTRACTION FOR USE OF THE
INDIVIDUAL WALLET.
C. "RESIDENT" MEANS AN INDIVIDUAL OR A DOMESTIC CORPORATION OR FOREIGN
CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE.
D. "VALUE LEDGER" MEANS THE EMPIRE STATE INCLUSIVE VALUE LEDGER ESTAB-
LISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
E. "STATE ENTITY" MEANS ANY DEPARTMENT, BOARD, BUREAU, DIVISION,
COMMISSION, COMMITTEE, COUNCIL, OFFICE OF THE STATE, OR OTHER GOVERN-
MENTAL ENTITY WITH STATEWIDE JURISDICTION.
F. "PAYMENT SERVICE PROVIDER" MEANS AN ENTITY WHICH PROVIDES ONLINE
SERVICES FOR ACCEPTING ELECTRONIC PAYMENTS BY A VARIETY OF METHODS,
INCLUDING, BUT NOT LIMITED TO, BY CREDIT CARD, DIRECT DEBIT, AND BANK
TRANSFER.
2. THE DEPARTMENT OF FINANCIAL SERVICES, IN COOPERATION WITH THE
DEPARTMENT OF TAXATION AND FINANCE, THE OFFICE OF THE NEW YORK STATE
COMPTROLLER, THE NEW YORK STATE AND LOCAL RETIREMENT SYSTEM, THE DEPART-
MENT OF LABOR, AND THE DEPARTMENT OF SOCIAL SERVICES SHALL DEVELOP,
ESTABLISH, AND MAINTAIN A VALUE STORAGE AND PAYMENT PLATFORM TO BE KNOWN
AS THE EMPIRE STATE INCLUSIVE VALUE LEDGER. THE EMPIRE STATE INCLUSIVE
VALUE LEDGER SHALL CONSIST OF A DIGITAL MASTER ACCOUNT AND COORDINATE A
SYSTEM OF INDIVIDUAL WALLETS WHICH SHALL BE MAINTAINED AND ADMINISTERED
BY THE URBAN DEVELOPMENT CORPORATION AS DESCRIBED HEREIN.
3. ALL FUNDS DISBURSED TO RESIDENTS BY A STATE ENTITY OR ANY OTHER
STATE INSTRUMENTALITY SHALL BE MADE OUT OF THE MASTER ACCOUNT TO INDI-
VIDUAL WALLETS LINKED TO THE MASTER ACCOUNT VIA THE VALUE LEDGER AND ANY
REMITTANCE MADE TO A STATE ENTITY OR OTHER STATE INSTRUMENTALITY BY A
RESIDENT SHALL BE PERMITTED TO BE MADE, AT THE OPTION OF THE RESIDENT
MAKING THE REMITTANCE, FROM THE RESIDENT'S INDIVIDUAL WALLET.
4. ALL RESIDENTS SHALL HAVE THE ABILITY TO MAKE PAYMENTS TO, AND
RECEIVE PAYMENTS FROM, OTHER RESIDENTS THROUGH LINKS AMONG INDIVIDUAL
S. 6792 3
WALLETS ON THE VALUE LEDGER. EACH PAYMENT SHALL BE EFFECTED BY A SIMUL-
TANEOUS CREDITING OF THE PAYEE'S INDIVIDUAL WALLET AND AN EQUAL DEBITING
OF THE PAYER'S INDIVIDUAL WALLET. SUCH PAYMENTS SHALL BE ABLE TO BE
DIRECTED BY THE MEANS OF PAYMENT CARDS, WIRE SERVICES, SMART-DEVICE
APPS, OR OTHER ELECTRONIC FUNDS TRANSFER.
5. ANY RESIDENT MAKING PAYMENT TO, OR RECEIVING PAYMENT FROM, ANY
OTHER RESIDENT MAY REQUIRE THAT THE PAYEE OR PAYER ACCEPT OR MAKE
PAYMENT VIA THE SYSTEM OF INDIVIDUAL WALLETS ON THE VALUE LEDGER;
PROVIDED, HOWEVER, THAT RESIDENTS WHO MAKE PAYMENTS TO, OR RECEIVE
PAYMENTS FROM, OTHER RESIDENTS SHALL NOT BE REQUIRED TO TRANSACT WITH
EACH OTHER ON THE VALUE LEDGER IN THE EVENT THAT NO PARTY TO THE TRANS-
ACTION OPTS TO DO SO AND FURTHER PROVIDED THAT NO TRANSACTING PARTY'S
OPTING NOT TO DO SO IS COERCED BY ANY OTHER TRANSACTING PARTY OR ASSOCI-
ATES OF SUCH TRANSACTING PARTY.
6. ANY COMMERCIAL BANK, OTHER FINANCIAL INSTITUTION, OR PAYMENT
SERVICE PROVIDER DOING BUSINESS IN THE STATE SHALL BE REQUIRED TO:
A. PROVIDE FOR FULL INTEROPERABILITY BETWEEN INDIVIDUAL WALLETS ON THE
VALUE LEDGER AND ANY DEMAND DEPOSIT OR TRANSACTION ACCOUNT MAINTAINED BY
THE COMMERCIAL BANK, OTHER FINANCIAL INSTITUTION, OR PAYMENT SERVICE
PROVIDER FOR THE HOLDERS OF SUCH INDIVIDUAL WALLETS; AND
B. PERMIT ALL HOLDERS OF INDIVIDUAL WALLETS TO MAKE DEPOSITS INTO AND
WITHDRAWALS FROM SUCH INDIVIDUAL WALLET VIA ANY AUTOMATED TELLER
MACHINE, TELLER WINDOW, OR OTHER DEPOSIT OR WITHDRAWAL FACILITY THE
BANK, FINANCIAL INSTITUTION, OR PAYMENT SERVICE PROVIDER OFFERS TO
CUSTOMERS. THERE SHALL BE NO PECUNIARY OR OTHER CHARGE ASSESSED FOR
ACCESS TO INDIVIDUAL WALLETS; ANY COSTS ASSOCIATED WITH ACCESS TO AND
USE OF INDIVIDUAL WALLETS SHALL BE CONSIDERED AN INCIDENT OF SUCH
COMMERCIAL BANK, OTHER FINANCIAL INSTITUTION, OR PAYMENT SERVICE PROVID-
ER'S STATUS AS A PUBLICLY LICENSED FINANCIAL UTILITY.
7. THE DEPARTMENT OF FINANCIAL SERVICES SHALL ALSO DEVELOP AND MAKE
AVAILABLE AT NO COST A DOWNLOADABLE SMART-DEVICE APPLICATION TO BE KNOWN
AS THE EMPIRE STATE INCLUSIVE VALUE LEDGER APP THROUGH WHICH RESIDENTS
CAN ACCESS AND RECEIVE AND MAKE PAYMENTS INTO AND OUT OF INDIVIDUAL
WALLETS. ALL ENTITIES OPERATING IN THE STATE THAT ACCEPT PAYMENTS VIA
SMART-DEVICE APPLICATIONS OF ANY KIND SHALL BE REQUIRED TO ACCEPT
PAYMENTS VIA THE VALUE LEDGER APPLICATION AT THE OPTION OF ANY PAYER
WISHING TO PAY VIA SUCH VALUE LEDGER APPLICATION.
8. THE DEPARTMENT OF TAXATION AND FINANCE, THE NEW YORK STATE AND
LOCAL RETIREMENT SYSTEM, AND THE DEPARTMENT OF SOCIAL SERVICES, AS THE
STATE'S PRINCIPAL DISBURSERS AND RECEIVERS OF FUNDS, CREDITS, AND REMIT-
TANCES, SHALL EXERCISE SPECIAL CARE IN ASSISTING WITH AND PROMOTING THE
ESTABLISHMENT AND WIDE USE OF THE VALUE LEDGER PAYMENTS SYSTEM, IN ORDER
TO HASTEN BOTH:
A. THE FULL 'BANKING' OF THE STATE'S 'UNBANKED' INDIVIDUALS AND SMALL
BUSINESSES; AND
B. INCLUSION OF THE STATE'S CURRENTLY MARGINALIZED RESIDENTS IN THE
PROCESS OF VALUE CREATION, WEALTH ACCUMULATION, AND COMMERCIAL EXCHANGE.
9. THE DEPARTMENT OF FINANCIAL SERVICES SHALL:
A. ENSURE COMPLIANCE BY ALL BANKS, OTHER FINANCIAL INSTITUTIONS, AND
PAYMENT SERVICE PROVIDERS WITH THE REQUIREMENTS OF THIS SECTION;
B. PROHIBIT AND PREVENT ANY OTHER PERSON OR COMPANY IN THE FINANCIAL
SERVICES OR PAYMENTS INDUSTRIES FROM EXPLOITING VALUE LEDGER WALLET
HOLDERS OR OTHERWISE SUBVERTING THE VALUE-CREATING AND COMMERCE-PROMOT-
ING PURPOSES OF THIS SECTION, INCLUDING BY OFFERING ADVANCES ON ANTIC-
IPATED STATE REMITTANCES FOR FEES; AND
S. 6792 4
C. ENSURE COMPLIANCE WITH STATE BANKING, REGULATORY, AND DIGITAL AND
FINANCIAL PRIVACY LAWS BY ALL ENTITIES THAT OVERSEE OR TRANSACT VIA THE
VALUE LEDGER. THE DEPARTMENT, IN COORDINATION WITH THE URBAN DEVELOPMENT
CORPORATION, SHALL ALSO COORDINATE WITH ANY RELEVANT REGULATORY AGENCY
OF THE UNITED STATES TO ENSURE COMPLIANCE WITH FEDERAL BANKING, REGULA-
TORY, EMPLOYEE BENEFIT AND ANY OTHER APPLICABLE FEDERAL LAWS.
10. THE DEPARTMENT OF FINANCIAL SERVICES SHALL BE AUTHORIZED TO COOR-
DINATE WITH ITS COUNTERPART AGENCIES IN OTHER STATES AND TERRITORIES OF
THE UNITED STATES IN CONNECTION WITH ANY COMMON REGULATORY NEEDS IMPLI-
CATED OR CHALLENGES RAISED BY STATE VALUE LEDGERS.
§ 4. Section 301 of the financial services law is amended by adding a
new subdivision (d) to read as follows:
(D) THE SUPERINTENDENT SHALL HAVE THE POWER TO DIRECT THE DEPARTMENT
TO DEVELOP, ESTABLISH, AND MAINTAIN THE EMPIRE STATE INCLUSIVE VALUE
LEDGER ESTABLISHED PURSUANT TO SECTION FOUR-B OF THE STATE FINANCE LAW.
THE SUPERINTENDENT SHALL ALSO HAVE THE POWER TO DIRECT THE DEPARTMENT TO
COORDINATE WITH AGENCIES IN OTHER STATES AND TERRITORIES OF THE UNITED
STATES THE REGULATORY NEEDS OR CHALLENGES RAISED BY STATE VALUE LEDGERS.
§ 5. Section 5 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, is
amended by adding three new subdivisions 31, 32 and 33 to read as
follows:
(31) TO MAINTAIN AND ADMINISTER, IN CONSULTATION WITH THE DEPARTMENT
OF FINANCIAL SERVICES, THE DEPARTMENT OF LABOR, AND THE DEPARTMENT OF
SOCIAL SERVICES, THE EMPIRE STATE INCLUSIVE VALUE LEDGER ESTABLISHED
PURSUANT TO SECTION FOUR-B OF THE STATE FINANCE LAW, WITH A VIEW TO
ENCOURAGING THE EXPANSION OF COMMERCE AND THE BROAD GROWTH AND ACCUMU-
LATION OF WEALTH IN THE STATE.
(32) TO EXPLORE AND NEGOTIATE POSSIBLE INTERSTATE COMPACTS ENABLING
THE GROWTH OF A VALUE LEDGER SYSTEM ACROSS MULTIPLE STATES, REGIONS, AND
TERRITORIES OF THE UNITED STATES. THE CORPORATION, AS THE PRINCIPAL
ADMINISTRATOR OF THE EMPIRE STATE INCLUSIVE VALUE LEDGER, SHALL REACH
OUT TO AND CONSULT WITH COUNTERPART AGENCIES IN OTHER STATES, WITH A
VIEW TO ASSISTING WITH THE DEVELOPMENT OF SIMILAR VALUE STORAGE AND
PAYMENT PLATFORMS IN SUCH STATES AND WITH THE GOAL OF THE POSSIBLE
INTEROPERABILITY OF SUCH PLATFORMS WITH THE EMPIRE STATE INCLUSIVE VALUE
LEDGER.
(33) TO EXPLORE AND NEGOTIATE POSSIBLE PILOT PROGRAMS ENABLING THE
GROWTH AND SPREAD OF A VALUE LEDGER SYSTEM ACROSS THE BROADER UNITED
STATES. AS THE PRINCIPAL ADMINISTRATOR OF THE EMPIRE STATE INCLUSIVE
VALUE LEDGER ESTABLISHED PURSUANT TO SECTION FOUR-B OF THE STATE FINANCE
LAW, THE CORPORATION SHALL BE AUTHORIZED TO REACH OUT TO AND CONSULT
WITH THE FEDERAL RESERVE BANK OF NEW YORK, THE FEDERAL RESERVE BOARD OF
THE UNITED STATES, AND THE DEPARTMENT OF TREASURY OF THE UNITED STATES,
WITH A VIEW TO POSSIBLY ASSISTING SUCH ENTITIES WITH THE DEVELOPMENT OF
A NATIONAL VALUE STORAGE AND PAYMENT PLATFORM SIMILAR TO THE EMPIRE
STATE INCLUSIVE VALUE LEDGER.
§ 6. Severability. If any provision of this act, or any application of
any provision of this act, is held to be invalid, that shall not affect
the validity or effectiveness of any other provision of this act, or of
any other application of any provision of this act, which can be given
effect without that provision or application; and to that end, the
provisions and applications of this act are severable.
§ 7. This act shall take effect immediately.