BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 624
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          Date of Hearing:   March 30, 2011

                           ASSEMBLY COMMITTEE ON INSURANCE
                                 Jose Solorio, Chair
                  AB 624 (Perez) - As Introduced:  February 16, 2011
           
          SUBJECT  :   Insurance investments: tax credits and advisory board

           SUMMARY  :  Extends the effective date on the laws that allow tax 
          credits for insurers and other taxpayers that make qualified 
          investments in community development financial institutions that 
          invest in community development.  Specifically,  this bill:  

          1)Extends from January 1, 2012 until January 1, 2017 the 
            effective date on the laws that allow insurance companies, 
            corporations, and other taxpayers to receive a tax credit 
            equal to 20 percent of the amount of the qualified investment 
            made during the taxable year into a community development 
            financial institution that is certified by the California 
            Organized Investment Network (COIN) of the Department of 
            Insurance.

          2)Requires the Insurance Commissioner (IC) to create and appoint 
            a COIN Advisory Board with the duty to advise on the best 
            methods to increase the level of insurance industry capital in 
            safe and sound investments while providing fair returns to 
            investors and social benefits to underserved communities.  The 
            advisory board would consist of the IC, an executive in the 
            insurance investment community, a licensed attorney practicing 
            insurance law, a member of the State Assembly, a member of the 
            State Senate, a member from a consumer advocacy group, and an 
            affordable housing practitioner.

           EXISTING LAW  :

          1)Allows insurance companies, corporations, and other taxpayers 
            to receive a tax credit equal to 20 percent of the amount of 
            the qualified investment made during the taxable year into a 
            community development financial institution that is certified 
            by the COIN Office of the Department of Insurance.  

          2)Specifies that the aggregate amount of qualified investments 
            by all insurance companies, corporations, and other taxpayers 
            shall not exceed $10 million for each calendar year, but if 
            the qualified investments are less than that amount in one 








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            year, the difference may be carried over to future years.

          3)Defines "qualified investment" as an investment that is a 
            deposit or loan that does not earn interest, or an equity 
            investment, or an equity-like debt instrument meeting federal 
            or state agency standards.  The duration of the investment 
            must be for 60 months or more and the amount must equal 
            $50,000 or more. 

          4)Defines "community development financial institution" as a 
            private financial institution located in California that is 
            certified by the COIN Office of the Department of Insurance, 
            that has community development as its primary mission, and 
            that lends in urban, rural, or reservation communities in this 
            state.  A community development financial institution may 
            include a community development bank, a community development 
            loan fund, a community development credit union, a 
            microenterprise fund, a community development 
            corporation-based lender, or a community development venture 
            fund.

          5)Sunsets this tax credit on January 1, 2012.

           FISCAL EFFECT  :   Undetermined.  

           COMMENTS  :   

           1)Background.   The COIN Program was created in 1996 as a 
            public/private partnership by the Department of Insurance, the 
            insurance industry, state government leaders, and community 
            development organizations with the goal of helping to address 
            the unmet capital needs for economic development and 
            affordable housing in low-income urban and rural communities 
            throughout California.  COIN serves as a liaison between 
            insurers that are seeking investment opportunities and the 
            community organizations that are seeking investment capital 
            for projects.

          Community Development Financial Institutions (CDFIs) help bridge 
            the gap between the services available to the economic 
            mainstream and those available to low-income communities by 
            providing access to credit, loans, and investments in these 
            communities and offering administrative and technical 
            assistance.  CDFIs work with COIN to provide loans to small 
            businesses and non-profits that serve economically 








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            disadvantaged communities.  There are currently 81 CDFIs 
            certified by COIN and eligible to participate in the 
            tax-credit program.

           2)Arguments in support.   According to the Author and the 
            Department of Insurance, CDFIs have invested, through the CDFI 
            Tax Credit and Certification Program, more than $100 million 
            into California's underserved communities from 1997 through 
            2009.  The following are a few examples of these investments: 
            a) loans for six child care centers that serve 500 low-income 
            children;  b) a mortgage loan for a nonprofit residential 
            alcohol treatment facility; c) micro-loans of $500 to $5,000 
            to self-employed business owners; d) pre-development loans to 
            Habit for Humanity to construct affordable homes; e) a loan to 
            a church to build a child care center for low-income 
            residents; f) a loan for 953 water hook-ups in two small rural 
            communities; and g) a short-term loan to close escrow on 
            housing for low-income foster youth.

          The San Luis Obispo County Housing Trust Fund (HTF) states that 
            it received a $100,000 investment at 0% interest from a donor. 
             HTF combined this investment with other investments and 
            grants to create a $6.2 million revolving fund and has loaned 
            nearly $7 million to create or preserve 218 units of 
            affordable housing.  HTF reports that projects that it helped 
            to finance accounted for nearly 30% of all the housing starts 
            in the entire county during 2010.  

           3)Appointments to Advisory Board.   The author requests the 
            following amendments for the reasons specified: 
           
               a)     Insurance Commissioner designee.   Since the 
                 Insurance Commissioner is not able to attend all meetings 
                 of various advisory groups to the Department of 
                 Insurance, it is recommended that the bill be amended to 
                 authorize the Commissioner to appoint a designee if that 
                 is necessary.   
               b)     Financial institution representative.   This tax 
                 credit program extends to insurers, corporations, and 
                 other individuals, but the advisory board does not 
                 include a representative from a financial institution or 
                 a community development financial institution.  It is 
                 recommended that this bill be amended to include a 
                 representative of a financial institution or a community 
                 development financial institution.








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               c)     Legislative appointments.  The bill does not clarify 
                 how a Member of the Assembly or the State Senate would be 
                 appointed to serve on this advisory board.  It is 
                 recommended that the bill be amended to specify that the 
                 Speaker of the Assembly would appoint the Member of the 
                 Assembly and that the Senate Rules Committee would 
                 appoint the Member of the Senate.  

          4)Technical corrections  . The following technical only changes 
            are recommended:

                a)     Word correction.   Correct a misspelled word 
                 ("equitylike") that should be spelled "equity-like" in 
                 three places (page 6, line 27; page 11, line 17; and page 
                 16, line 4).

                b)     Date correction.   Correct the sunset date on the 
                 laws governing the tax credit for corporations and 
                 individuals to December 31, 2017, rather than December 1, 
                 2017.  Specifically, make this change on page 12, line 
                 26, and on page 17, line 14.  With this change, the bill 
                 will contain the same sunset date on the laws for 
                 corporations and individuals as would apply to insurers.  


           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Department of Insurance (Sponsor)
          Opportunity Fund Northern California, a CDFI
          San Luis Obispo County Housing Trust Fund, a CDFI

           Support, if Amended
           
          Personal Insurance Federation of California

           Opposition 
           
          None received
           
          Analysis Prepared by  :    Manny Hernandez / INS. / (916) 319-2086 










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