BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2006
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 2006 (John A. Pérez)
          As Amended  August 6, 2012
          Majority vote
           
           ----------------------------------------------------------------- 
          |ASSEMBLY:  |57-13|(April 26,      |SENATE: |35-4 |(August 9,     |
          |           |     |2012)           |        |     |2012)          |
           ----------------------------------------------------------------- 
            
           Original Committee Reference:    B. & F.
           
           SUMMARY  :  Authorizes a state-chartered credit union to sell 
          checks, money transfer instruments including international and 
          domestic electronic fund transfers to non-members for a fee.  
          Specifically,  this bill  :  

          1)Clarifies that the fee shall not exceed the cost of providing 
            the services. 

          2)Allows a state-chartered credit union to cash checks and 
            similar money transfer instruments and receive international 
            and domestic electronic fund transfers for a fee to 
            non-members.   

          3)Defines "checks" as a draft, other than a documentary draft, 
            payable on demand and drawn on a bank, a cashier's check or 
            teller's check, or a demand draft.  An instrument may be a 
            check even though it is described on its face by another term, 
            such as "money order."  

           The Senate amendment  clarifies that the fee under this measure 
          shall not exceed the cost of providing the services.  
           
          EXISTING FEDERAL LAW  :
           
           1)Amends the Financial Services Regulatory Relief Act of 2006 
            (Act) in July of 2011.  The Act was amended to correlate with 
            the Dodd-Frank Act and made the following minor amendments:
           
              a)   To sell, to persons in the field of membership, 
               negotiable checks (including travelers checks), money 
               orders, and other similar money transfer instruments 
               (including international and domestic electronic fund 
               transfers and remittance transfers, as defined in United 








                                                                  AB 2006
                                                                  Page  2

               States Code (U.S.C.) Section 1693o-1 of Title 15); and,  

              b)   To cash checks and money orders for persons in the field 
               of membership for a fee. (12 U.S.C. 1757) (Federal 
               Register, Vol. 76, No.230, Wednesday, November 30, 2011)
              
           2)Establishes the Financial Services Regulatory Relief Act of 
            2006 (Public Law 109-351) which allows federally-chartered 
            credit unions to:

             a)   Sell, to persons in the field of membership, negotiable 
               checks, including traveler's checks, and money orders, and 
               other similar money transfer instruments, including 
               international and domestic electronic fund transfers; and, 

             b)   Cash checks and money orders and receive international 
               and domestic electronic fund transfers for persons in the 
               field of membership for a fee.

          3)Defines "remittance transfer" as an electronic (as defined in 
            Section 106(2) of the Electronic Signatures in Global and 
            National Commerce Act (15 U.S.C. 7006 (2))) transfer of funds 
            requested by a sender located in any state to a designated 
            recipient that is initiated by a remittance transfer provider, 
            whether or not the sender holds an account with the remittance 
            transfer provider or whether or not the remittance transfer is 
            also an electronic fund transfer.

          4)Defines a "Federal credit union" as a cooperative association 
            organized in accordance with federal law for the purpose of 
            promoting thrift among its members and creating a source of 
            credit for provident or productive purposes.  (12 U.S.C. 1752)

          5)Provides that the membership of any Federal credit union shall 
            be limited to the membership described in one of the following 
            categories:

             a)   Single common-bond credit union-One group that has a 
               common bond of occupation or association;

             b)   Multiple common-bond credit union-More than one group:

               i)     each of which has (within the group) a common bond 
                 of occupation or association; and,









                                                                  AB 2006
                                                                  Page  3

               ii)    the number of members, each of which (at the time 
                 the group is first included within the field of 
                 membership of a credit union described in this 
                 paragraph). 

             c)   Community credit union-Persons or organizations within a 
               well-defined local community, neighborhood, or rural 
               district.  (12 U.S.C. 1759)

           EXISTING STATE LAW  : 

          1)Establishes that a credit union is a cooperative, organized 
            for the purposes of promoting thrift and savings among its 
            members, creating a source of credit for them at rates of 
            interest set by the board of directors, and providing an 
            opportunity for them to use and control their own money on a 
            democratic basis in order to improve their economic and social 
            conditions.  As a cooperative, a credit union conducts its 
            business for the mutual benefit and general welfare of its 
            members with the earnings, savings, benefits, or services of 
            the credit union being distributed to its members as patrons.  
            (Financial Code, Section 14002)

          2)Provides in the California Credit Union Law that it is 
            applicable to any person, other than a federal credit union 
            engaging in the business of a credit union in this state.  
            (Financial Code, Section 14001.1)

          3)Prohibits an officer, director, committee member, or employee 
            of any credit union from approving a person for admission to 
            membership or admit an applicant for membership in the credit 
            union or extends any benefit or service of the credit union to 
            any person, unless that person is admitted to membership in 
            the credit union.  (Financial Code, Section 14800)

          4)Provides that every credit union may admit to membership those 
            persons eligible for membership, upon any of the following:

             a)   The purchase of a membership in the credit union as 
               provided in the credit union's bylaws;

             b)   The payment of an entrance fee established from time to 
               time by the board of directors;  or, 

             c)   The purchase of one or more shares in the credit union 








                                                                  AB 2006
                                                                  Page  4

               as provided by the credit union's bylaws.  (Financial Code, 
               Section 14800)

          5)Defines "check" as a draft, other than a documentary draft, 
            payable on demand and drawn on a bank, a cashier's check or 
            teller's check, or a demand draft.  An instrument may be a 
            check even though it is described on its face by another term, 
            such as "money order."  (Commercial Code, Section 3104)

          6)Provides any officer, director, member of a committee of a 
            credit union, loan officer appointed, or employee who 
            knowingly permits the creation of an obligation with, or 
            participates in the creation of an obligation with, a 
            nonmember of the credit union, or knowingly permits the 
            creation of an obligation or participates in the creation of 
            an obligation which is not made in conformity with the 
            requirements of this division, is guilty of a misdemeanor.  
            (Financial Code, Section 14750)

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar 
          to the version passed by the Senate.  
           
          FISCAL EFFECT  :  None

           COMMENTS  :  According to the Federal Credit Union Act of 1934, 
          the American credit union movement began as a cooperative effort 
          to serve the productive and provident credit needs of 
          individuals of modest means.  Credit unions are created to 
          promote thrift and credit extension, a meaningful affinity and 
          bond among members, manifested by a commonality of routine 
          interaction, shared and related work experiences, interests, or 
          activities, or the maintenance of an otherwise well understood 
          sense of cohesion or identity is essential to the fulfillment of 
          the public mission of credit unions.

          Credit unions, unlike many other participants in the financial 
          services market, are exempt from federal and most state taxes 
          because they are member-owned, democratically operated, 
          not-for-profit organizations generally managed by volunteer 
          boards of directors and because they have the specified mission 
          of meeting the credit and savings needs of consumers, especially 
          persons of modest means.  Improved credit union safety and 
          soundness provisions will enhance the public benefit that 
          citizens receive from these cooperative financial services 
          institutions.








                                                                  AB 2006
                                                                  Page  5


          Credit union members are united by a common bond of association 
          (also known as a field of membership), and democratically 
          operate the credit union.  Credit unions can be chartered by the 
          federal or state government.  Members of each credit union must 
          share a "common bond," such as the same workplace, church, 
          fraternal organization, or neighborhood.  

          As of December 2011, there are 7,324 credit unions in the United 
          States.  About 424 of these are in California.  Of the 92.6 
          million credit union members nationwide, 9.59 million are in 
          California.  Of the 424 credit unions in California, 157 are 
          state chartered and 267 are federally chartered.  The 424 credit 
          unions carry $129 billion in total assets in California.  This 
          bill would allow 157 state chartered credit unions to provide 
          services that 267 federally chartered credit unions can already 
          provide.  If anything, this measure takes away confusion and 
          provides parity.  Consumers needing these services do not 
          understand the difference between a state chartered credit union 
          and a federally chartered credit union.  It would not make sense 
          to a consumer to be turned away because the credit union was 
          state chartered rather than federally chartered.  To make this 
          point clear, nationwide, every federally chartered credit union 
          can provide these services in their respective states.  

          Currently, seven states allow state chartered credit unions to 
          provide services to non-members.    These states include:  
          Connecticut, Georgia, Michigan, New Mexico, Ohio, Virginia, and 
          Wisconsin.  Most state statutes, such as Florida, New York and 
          Maryland, allow for credit unions to engage in activities that 
          are permissible to federal credit unions but require additional 
          approval by the state regulator.  The provisions in the state 
          credit union acts of Alabama, Arizona, Illinois, Iowa, 
          Louisiana, Maine, Missouri, Nebraska, Oklahoma, Rhode Island, 
          Texas, and Washington do not require approval.  

          According to the Federal Deposit Insurance Corporation (FDIC) in 
          October 2010, 1,013,000 households in California were unbanked, 
          7.7% of all households in the state.  Unbanked individuals 
          generally find themselves having to pay exorbitant fees to cash 
          checks or conduct other financial transactions.  Permitting 
          state chartered credit unions to provide these individuals with 
          additional ways to transact basic financial services could 
          assist these individuals and ultimately lead to their full 
          participation in the legitimate financial marketplace.  The 








                                                                  AB 2006
                                                                  Page  6

          unique structure and mission of credit unions make them the 
          ideal arena to help transition the "unbanked" into full 
          partnership in the California dream.

          In 2006, President Bush signed the Financial Services Regulatory 
          Relief Act.  The stated purpose of that legislation was "to 
          lessen the regulatory burden, so banks, thrifts, and credit 
          unions can better serve their customers and communities."  An 
          element of the Act is intended to address the issue of the 
          "unbanked" by authorizing federal credit unions to provide check 
          cashing, money order, and money transmittal services to 
          individuals within a federal credit unions' field of membership. 
           This was an important step that provided additional options for 
          people to cash checks, purchase money orders, and send money to 
          family back home.  However, the Act only applied to federal 
          credit unions.  Leveling the playing field for the remaining 
          credit unions in California, those operating under a state 
          charter, will create even more choices for those who are 
          unbanked.

          This bill would codify state law with the version of the 
          Financial Services Regulatory Relief Act passed in 2006.  Since 
          the enactment of the Financial Services Regulatory Relief Act, 
          the National Credit Union Administration decided to amend its 
          rules to conform to amendments made to the Federal Credit Union 
          Act by the Dodd-Frank Wall Street Reform and Consumer Protection 
          Act.  The Final Rule adds remittance transfers as now defined 
          under the Electronic Fund Transfer Act, as an example of money 
          transfer instruments credit unions may provide to persons within 
          their fields of membership. The Dodd-Frank Act also removed the 
          reference to the receipt of the international and domestic 
          electronic fund transfers to simply eliminate a redundancy.  


           Analysis Prepared by  :    Kathleen O'Malley / B. & F. / (916) 
          319-3081                                               FN: 
          0004533