BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1344|
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                                 THIRD READING


          Bill No:  SB 1344
          Author:   Kehoe (D)
          Amended:  4/5/10
          Vote:     21

           
           SENATE LOCAL GOVERNMENT COMMITTEE  :  5-0, 4/7/10
          AYES:  Cox, Aanestad, Kehoe, DeSaulnier, Price

           SENATE BANKING, FINANCE, AND INS. COMMITTEE  :  9-0, 4/21/10
          AYES:  Calderon, Cogdill, Correa, Florez, Kehoe, Lowenthal,  
            Padilla, Price, Runner
          NO VOTE RECORDED:  Cox, Liu


           SUBJECT  :    Local agency investments

           SOURCE  :     California Independent Bankers 


           DIGEST  :    This bill deletes the sunset date on a provision  
          of law that allows local agencies to invest up to 30  
          percent of their surplus funds in certificates of deposit  
          at depository institutions, in such a way that the full  
          amount of each local agency deposit is federally-insured.  

           ANALYSIS  :    

          Existing law:

          1. Defines a local agency as a county, city, city and  
             county, school district, community college district,  
             public district, county board of education, county  
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             superintendent of schools, or any public or municipal  
             corporation (Section 53600 of the Government Code).

          2. Authorizes local agencies that do not pool their money  
             in deposits or investments with other local agencies  
             with separate governing bodies, and that have money in  
             their treasuries that is not required for their  
             immediate needs, to invest any portion of the money they  
             deem wise or expedient in selected investments specified  
             in law, and places limitations on the percentage of a  
             local agency's surplus that may be invested in some of  
             those investments (Section 53601 of the Government  
             Code).

          3. Includes negotiable certificates of deposit (CDs) among  
             allowable investments, provided they are issued by a  
             state- or nationally-chartered depository institution,  
             and the local agency's investment in the CDs does not  
             exceed 30 percent of the agency's surplus (Section 53601  
             of the Government Code).

          4. Until January 1, 2012, authorizes local agencies to  
             invest up to 30 percent of their surplus funds in CDs at  
             depository institutions that use a private sector  
             entity, which assists in the placement of CDs, as long  
             as the full amount of the principal and interest that  
             may be accrued during the maximum term of each CD is  
             insured at all times by either the Federal Deposit  
             Insurance Corporation (FDIC) or the National Credit  
             Union Administration (NCUA) (Sections 53601.8 and  
             53635.8 of the Government Code).  Additional  
             requirements are as follows: 

             A.    The depository institution which receives the  
                funds from the local agency is called the "selected"  
                depository institution.

             B.    The selected depository institution is required to  
                serve as a custodian for each CD that is issued with  
                the placement service.

             C.    At the same time the local agency's funds are  
                deposited, and CDs are issued, the selected  
                depository institution must receive deposits from  







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                other depository institutions in an amount that is  
                equal to or greater than the amount of principal that  
                the local agency initially deposited through the  
                selected depository institution for investment. 

          This bill deletes the January 1, 2012 sunset date on the  
          statutes authorizing local agencies to invest in  
          certificates of deposit at a commercial bank, savings bank,  
          savings and loan association, or credit union that uses a  
          private sector entity that assists in the placement of  
          certificates of deposit, making the statutes permanent.

          This bill provides that only an agency which has authority  
          under another provision of law to invest funds may invest  
          surplus funds in certificates of deposit at a commercial  
          bank, savings bank, savings and loan association, or credit  
          union that uses a private sector entity that assists in the  
          placement of certificates of deposit. 

           Background  

          The CD placement service that is at the heart of this bill  
          works, because of FDIC insurance.  The FDIC currently  
          insures all depository accounts of the same person at the  
          same depository institution, up to $250,000.  There is no  
          limit to the number of different institutions into which a  
          person can deposit funds that are eligible for FDIC  
          insurance; each depositor is eligible to obtain up to  
          $250,000 in FDIC insurance at every different bank into  
          which it deposits money.  However, all of the accounts of  
          the same depositor at the same bank, including all branch  
          offices of the bank, are added together, to count toward  
          the $250,000.  Thus, if an insured bank has branch offices,  
          a depositor cannot increase its insurance coverage by  
          placing deposits at different branches of the same insured  
          bank.  Similarly, deposits held by the Internet division of  
          an insured bank are lumped together with funds deposited  
          with the "brick and mortar" branches of the bank for FDIC  
          insurance purposes, even if the Internet division uses a  
          different name.  

          Under the provisions of AB 2011 (Vargas), Chapter 459,  
          Statutes of 2006,  (the bill whose sunset date this bill  
          would eliminate), a local agency with more than $250,000 to  







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          invest may go to a bank (the "selected" bank), which  
          belongs to a CD placement service.  At the request of the  
          selected bank, the CD placement service splits up the local  
          agency's deposit into chunks, each of which is valued at  
          $250,000 or less.  Each of these chunks is then parceled  
          out to banks throughout the country, which are members of  
          the placement service, and which issue CDs.  In that way,  
          the full amount of the local agency's deposit is  
          FDIC-insured.

          One of the unique aspects of the CD placement service whose  
          use is authorized by this bill is its reciprocity element.   
          At the same time the local agency's funds are deposited  
          with the selected bank, and then parceled out to member  
          banks within the CD placement network in amounts of  
          $250,000 or less, the selected bank must receive deposits  
          from other members of the placement service, which are  
          equal to, or greater than, the full amount of the principal  
          the local agency initially deposited with the selected  
          bank.  Thus, the selected bank ends up with the same amount  
          of money on deposit that it received from the local agency;  
          however, the full value of the money is insured, because it  
          is held in increments of $250,000 or less for depositors  
          that originally deposited their money with other selected  
          banks.  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  4/22/10)

          California Independent Bankers (source)
          Borrego Springs Bank
          California Bankers Association
          California Credit Union League
          California Municipal Treasurers Association
          City of Santa Rosa
          Community Bank of the Bay
          Mission Valley Bank

           ARGUMENTS IN SUPPORT  :    This bill is sponsored by the  
          California Independent Bankers (CIB), the same organization  
          which sponsored AB 2011 (Vargas).  CIB observes that AB  
          2011 gave California community banks an alternative to  







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          collateralization requirements, by allowing the use of a  
          private sector CD placement service.  Prior to enactment of  
          AB 2011, the collateralization requirements made it  
          difficult for community banks to compete with larger  
          institutions for local agency deposits.  The Independent  
          Bankers note that, to date, 55 community banks in  
          California have received over $2.2 billion in deposits from  
          cities, counties, water districts, and other agencies.   
          Community banks use these deposits to make loans to small  
          and medium sized businesses, which ultimately benefits  
          California's economy, by helping these businesses grow and  
          create jobs.  CIB's support of the bill was also echoed by  
          a number of community banks, and by the California Bankers  
          Association.  

          The California Credit Union League also supports the bill,  
          and believes that giving local agencies the option to  
          deposit funds in a local credit union or community bank  
          helps spur more local investment and local lending.  (Staff  
          notes that, while a private sector CD placement service is  
          not yet currently available to help distribute deposits to  
          credit unions, the credit unions are hopeful that one or  
          more options of this type will become available).  

          The California Municipal Treasurers Association states that  
          public agencies appreciate and benefit from the ability to  
          invest surplus funds in this manner, and would like to have  
          the option continued permanently.


          AGB:mw  4/23/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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