BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 624|
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                                 THIRD READING


          Bill No:  AB 624
          Author:   John A. Pérez (D) and Blumenfield (D), et al.
          Amended:  8/15/11 in Senate
          Vote:     21

           
           SENATE GOVERNANCE & FINANCE COMMITTEE  :  9-0, 6/29/11
          AYES:  Wolk, Huff, DeSaulnier, Fuller, Hancock, Hernandez, 
            Kehoe, La Malfa, Liu
           
          SENATE APPROPRIATIONS COMMITTEE  :  9-0, 8/25/11
          AYES:  Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley, 
            Price, Runner, Steinberg

           ASSEMBLY FLOOR  :  75-2, 5/31/11 - See last page for vote


           SUBJECT  :    California Organized Investment Network

           SOURCE  :     Department of Insurance


           DIGEST  :    This bill extends the Community Development 
          Financial Institution investments tax credit until January 
          1, 2017.  This bill also authorizes the Insurance 
          Commissioner to establish a California Organized Investment 
          Network Advisory Board until January 1, 2015, as specified. 


           ANALYSIS  :    Existing law allows a credit against the 
          personal income tax, corporation tax, and insurance 
          premiums tax for non-interest bearing investments in 
          community development financial institutions of at least 
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          $50,000 held for 60 months.  The credit is equal to 20 
          percent of investments with the maximum amount of aggregate 
          investments capped at $10 million per year ($2 million in 
          credits).  If qualified investments are less than this 
          amount in a calendar year, the remaining amount may be 
          carried forward to succeeding years.  Existing law also 
          limits the amount that may be invested with a single 
          Community Development Financial Institution (CDFI) in a 
          single year, reserves a portion of the aggregate amount for 
          insurance company investments, and reserves a portion for 
          investments of less than $300,000.  The Department of 
          Insurance (CDI) or the Franchise Tax Board (FTB) may 
          recapture the credit within the 60 month period if the 
          investor reduces or withdraws the investment in a CDFI.  
          The CDFI investment credit is scheduled to sunset at the 
          end of the 2011 tax year.

          This bill continues this tax credit program until January 
          1, 2017, but prohibits the California Organized Investment 
          Network (COIN) from certifying investments for the credit 
          after January 1, 2015, and makes the following changes to 
          the program:  (1) eliminate limits on the amount that may 
          be invested with a single CDFI and requirements to reserve 
          specified amounts for insurance companies and small 
          investments; (2) delete provisions that require investments 
          to be certified on a first-come, first-served basis; and 
          (3) specify that if aggregate investments exceed available 
          amounts, priority would be given to investments by 
          insurance companies for projects that benefit low-income 
          persons and prioritize certain types of housing over 
          single-family owned housing.  This bill also authorizes the 
          Insurance Commissioner to establish a COIN Advisory Board 
          until 
          January 1, 2015 to advise COIN on methods to increase 
          insurance industry investments, facilitate contacts among 
          entities qualified for the CDFI credit, and recommend 
          programmatic guidelines.

          This bill creates the COIN Advisory Board, composed of the 
          Insurance Commissioner or his/her designee, three 
          executives in the insurance investment industry, and at 
          least one voluntary member from:

           A licensed attorney practicing law.

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           A member of the public appointed by the Speaker of the 
            Assembly.
           A member of the public appointed by the Senate Committee 
            on Rules.
           A member of a consumer advocacy group.
           An affordable housing practitioner.
           A local economic development practitioner.
           A member of a financial institution or community 
            development financial institution.
           A representative with experience seeking investments for 
            low-to-moderate income or rural communities.

          The board shall elect a Chair.  Members serve two-year 
          terms, staggered by drawing lots at its first meeting so 
          that a simple majority serves two-year terms, with the 
          remaining members serving one-year terms.  

          The board's purpose is to advise COIN or its successor on 
          the best methods of increasing the level of insurance 
          industry capital in safe and sound investments while 
          providing fair returns to investors and social benefits to 
          underserve communities.  The board shall meet quarterly, or 
          as directed by the Insurance Commissioner, and can be 
          reimbursed for actual expenses.

           Background  

          A CDFI must be certified by COIN, an office in the CDI, by 
          demonstrating that it is a private financial institution 
          located in California, its primary mission is community 
          development, and that it lends in urban, rural or 
          reservation-based communities in California.  COIN is a 
          collaborative effort between CDI, the insurance industry, 
          community economic development organizations, and community 
          advocates.  COIN was established in 1996, at the request of 
          the insurance industry as an alternative to state 
          legislation that would have required insurance companies to 
          invest in underserved communities (similar to the federal 
          Community Reinvestment Act that applies to the banking 
          industry).

          CDFIs may be banks, credit unions, or non-regulated 
          non-profit institutions organized to provide private 
          capital for community development or investing.  CDFIs 

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          provide private capital for minority small businesses and 
          low-income borrowers who traditionally have been 
          underserved by conventional lending institutions.  There 
          are almost 50 CDFIs in California, located mostly in urban 
          areas.

          COIN certifies the amount of the investment and the credit, 
          which is capped at a total of $10 million each year, but 
          any unused amount may be carried over to future years.  
          COIN allocates the credits on a first-come, first-served 
          basis.  Until October 1st of each year, the total amount of 
          investments in any one CDFI may not exceed the lesser of 
          $10 million or 40 percent of the annual aggregate amount, 
          although the Insurance Commissioner can specify an 
          alternative amount or a different date.  Until July 1st of 
          each year, 25 percent of aggregate qualified investments 
          are reserved for admitted insurance companies, but again, 
          the Insurance Commissioner may specify an alternate 
          percentage or different date.  Additionally, until July 1st 
          of each year, the amount of investment reserved for 
          investments of less than $300,000 is either $3 million, or 
          an alternative date or amount determined by the Insurance 
          Commissioner.  The CDI or the FTB may recapture the credit 
          within the 60-month period if the taxpayer reduces or 
          withdraws the investment.  

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

          According to the Senate Appropriations Committee:

                           Fiscal Impact (in thousands)

             Major Provisions        2011-12     2012-13      2013-14     
             Fund  

            Credit extension      up to $1,000         up to $2,000up 
            to $2,000             General
            (revenue loss)        (actual amounts may vary)

            Advisory Board        up to $20 up to $40  up to $40  
            Special*

            COIN: credit          $70       $140-$200  $140-$200  

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            Special*
            administration (continued 
            annual staffing)

            * Insurance Fund
           
           SUPPORT  :   (Verified  8/25/11)

          Department of Insurance (source)
          3CORE
          Association of Financial Development Corporations
          California Association for Micro Enterprise Opportunity
          Congress of California Seniors
          Local Initiatives Support Corporation
          Low Income Investment Fund
          National Federation of Community Development Credit Unions
          NCB Capital Impact
          Neighborhood National Bank
          Northern California Community Loan Fund
          Personal Insurance Federation of California
          Rural Community Assistance Corporation
          San Luis Obispo County Housing Trust Fund

           OPPOSITION  :    (Verified  8/25/11)

          Department of Finance


           ASSEMBLY FLOOR  :  75-2, 5/31/11
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani, 
            Garrick, Gatto, Gordon, Grove, Hagman, Hall, Harkey, 
            Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, 
            Jeffries, Jones, Knight, Lara, Logue, Bonnie Lowenthal, 
            Ma, Mendoza, Miller, Mitchell, Monning, Morrell, 
            Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel 
            Pérez, Portantino, Silva, Skinner, Smyth, Solorio, 
            Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, 
            Yamada, John A. Pérez
          NOES:  Donnelly, Halderman
          NO VOTE RECORDED:  Beth Gaines, Gorell, Mansoor

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          AGB:mw  8/29/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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