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GOVERNMENT RELATIONS
In Albany: GOP, IDC Gain Upper Hand in Senate Battle?
Three weeks after the election, two new developments have strengthened the GOP's position in the battle to control the NYS Senate. The issue is important: the Senate can't organize or spend money without a temporary president, and whoever is Majority Leader will chair the powerful Rules Committee, appoint committee chairs and members, and be an ex-officio member of all committees and temporary state commissions. On Tuesday, the absentee ballot count in the new 46th Senate District between Republican George Amedore and Democrat Cecilia Tkaczyk was completed, and Amedore holds a 110 vote lead. The results will go to court, as both sides have challenged hundreds of ballots. Then, Sen. Jeff Klein (D-Bronx), who ran on the Democratic and GOP lines this year and who chairs the four-member Independent Democratic Conference, said he wants a "bipartisan coalition" comprised of his IDC and the Republican caucus: "...democracy in New York State does not have to be chaotic...It could work, Democrats and Republicans working together to get things done." In the other undecided Senate race in the 41st SD, Democrat Terry Gipson has a comfortable lead over GOP Sen. Steve Saland in the paper ballot count. If Amedore and Gipson both win, and if Brooklyn Democratic Senator-elect Simcha Felder honors his pledge to vote with the GOP, and if the IDC-GOP coalition holds, their coalition would control 36 votes to the Democrats' 27. Even without an Amedore victory, Klein's decision means the coalition would still hold a 35-28 advantage.
Cuomo Places "Sandy's" Cost to State at $42 billion
Gov. Cuomo said Superstorm Sandy was "more impactful" than Hurricane Katrina. The Governor met with congressional leaders as he outlined a federal aid request. He said recovery efforts would cost $32.8 billion, and some mitigation and rebuilding efforts would cost an additional $9 billion.
In DC: Credit Unions Push for Business Lending Expansion Credit unions are on Capitol Hill pushing legislation (S. 2231 and H.R. 1418) to more than double the statutory cap on credit union business lending from 12.25% to 27.5%. A joint industry letter co-signed by IBANYS expressed strong opposition to the Senate legislation, which has never been considered before the authorizing committee, and noted the industry will strongly oppose any attempt to merge this permanent power grab with a temporary extension of the Transaction Account Guarantee program or any other banking legislation. Meanwhile, a new study found additional business-lending powers for tax-exempt credit unions would reduce tax revenues, and pose new risks to the health of the credit union industry and financial system as a whole. ICBA President Cam Fine said the study shows the proposal "will do little to improve access to credit while posing serious risks to our financial system and federal revenues. . .Expanding the business-lending authority for taxpayer-subsidized credit unions would widen budget deficits at the federal, state and local levels and increase the risk of failures throughout a credit union industry neither equipped nor designed to do wide-scale commercial lending." An American Banker article profiles the issue and the industry's efforts. IBANYS urges New York community bankers to contact their members of Congress NOW and ask them to oppose this legislation.
Hensarling to Chair House Financial Services Committee
A House GOP leadership committee recommended Rep. Jeb Hensarling (R-TX) to chair the House Financial Services Committee. He will be confirmed in a party vote in the House as early as today to succeed Spencer Bachus (R, AL), who served the maximum six years permitted in the chair. Hensarling has been strong supporter of smaller banks. His priorities could reportedly include addressing Fannie Mae and Freddie Mac, which have received $137 billion in taxpayer support since 2008. Hensarling has opposed federal guarantees for mortgages, and has pushed to wind down Fannie and Freddie over a five-year period. He has also been a supporter of paring back or repealing parts of Dodd-Frank. House Democrats will soon name Rep. Maxine Waters (D-CA) to succeed the retiring Barney Frank as the Committee's Ranking Democrat. Full committee assignments for 2013-14 have not been made. In the current Congress, eight New Yorkers served on the Committee: Democrats Carolyn Maloney (Manh.), Carolyn McCarthy (Queens), Nydia Velazquez (B'klyn), Greg Meeks (Queens) and Gary Ackerman (Queens); and, Republicans Peter King (L.I.), Michael Grimm (S.I.) and Nan Hayworth (Lower Hudson Valley). Mr. Ackerman has retired, and Ms. Hayworth was defeated.
Leadership Change at SEC
Securities and Exchange Chairman Mary Schapiro will step down Dec. 14 after nearly four years in office. She has led the SEC's efforts to administer Wall Street Reform Act rules changes, and to reform enforcement and examination programs. The President President will nominate SEC Commissioner and Brooklyn native Elisse Walter to succeed Schapiro.
CFPB Targets Advertising Practices
The Consumer Financial Protection Bureau (CFPB) joined with the Federal Trade Commission in enforcement activities involving several non-depository mortgage companies for alleged violations of federal consumer protection laws which prohibit misleading mortgage credit product advertisements. The federal Mortgage Acts and Practices Rule, one of many federal consumer financial laws enforced by the CFPB, makes it unlawful for mortgage companies to make a "material misrepresentation, expressly or by implication, in any commercial communication, regarding any term of any mortgage credit product." The CFPB has issued warning letters regarding potential violations of the MAP rule to several mortgage companies and has launched formal investigations of several others. the CFPB's enforcement activities appear to target potentially misleading advertising practices directed at older Americans and service members/veterans.
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MEMBER SERVICES & EDUCATION
Sign Up NOW For IBANYS' December WEBINARS! IBANYS webinars are a great way for New York community bank employees to staycurrent on key issues, practices and trends. Why not check out our upcoming December programs on our website? They focus on Effective IT Crisis Management, Completing the new SAR and CTR Reports, Dissecting Loan Loss Reserves, Escrow Account Compliance, Opening Trust Accounts, Social Technology Strategies for your bank, . . .and much, much more! Sign up at: http://financialedinc.com/IBANYSwebinars.html
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INDUSTRY INSIGHTS
Economic Updates:
Consumer Confidence Up, Housing Recovering
Consumer confidence rose in November to the highest level in more than four years, as the Conference Board's index climbed to 73.7, the highest since February 2008, from a revised 73.1 reading the prior month. The gain in confidence may have been restrained by a plunge in the Middle Atlantic region, the area covering New Jersey, New York and Pennsylvania that was most affected by Superstorm Sandy. Property values rose during the year ended September by the most since July 2010, according to S&P/Case-Shiller. The index of home prices in 20 cities climbed 3 percent from September 2011. Consumers are also benefiting as record-low mortgage rates drive a recovery in housing. The National Association of Realtors reported sales of previously owned homes unexpectedly climbed in October, and the median price rose 11.1 percent from a year earlier.
Commercial Real Estate Improving
Commercial real estate conditions are improving due to modest job creation, according to the National Association of Realtors' quarterly commercial real estate forecast. The forecast found that most major commercial real estate sectors show improving fundamentals and declining vacancy rates.
FDIC Offering Flood Insurance Teleconference
On December 3, 2012, the FDIC's New York Region will host a Regional Regulatory Teleconference on "Flood Insurance Compliance and an Examiner's Perspective." The 90 minute session will discuss the regulatory expectations for Flood Insurance compliance, including common pitfalls and potential violations that could result in civil money penalties. The teleconference is primarily open to FDIC-supervised institutions in the New York Region. Bank directors, officers, and staff members are welcome to participate. Register online at http://fdic.gov/news/conferences/NY/2012/12-03.html
IBANYS' CLASSIFIED SECTION
Cattaraugus County Bank/CCB (Little Valley NY) would greatly appreciate any IBANYS member's help in the recruitment of applicants to fill a senior retail/loan officer position. Please contact, or have potential applicants contact, Mr. Max Pickard, Chief Lending Officer, at 716-938-8506, address: 120 Main Street, Little Valley NY, 14755, email: mpickard@ ccblv.com.
DID YOU KNOW. . . No New Yorker has ever chaired the House Financial Services Committee, or its predecessor, the House Banking Committee. However, two New York Senators, Democrat Robert Wagner (1936-47) and Republican Alfonse D'Amato (1995-99), have chaired the US Senate Banking Committee.
New York community banks: what impact has "Sandy" had on your local banking operations and communities? E-mail Steve Rice at stever@ibanys.net
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Frank J. Capaldo
President / CEO
Stephen W. Rice Director of Government Relations & Communications
William Y. Crowell, III
Legislative Counsel
Martin J. Donnells
Associate
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