BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 595| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 595 Author: Calderon (D) Amended: 4/22/13 Vote: 21 SENATE EDUCATION COMMITTEE : 9-0, 5/1/13 AYES: Liu, Wyland, Block, Correa, Hancock, Hueso, Huff, Jackson, Monning SUBJECT : Postsecondary financial aid disbursement SOURCE : Author DIGEST : This bill prohibits any campus of the California Community Colleges (CCC) or the California State University (CSU) from entering into a contract with any entity on or after 1/1/2014, that requires students to open an account with the entity as a condition of the student receiving a financial aid disbursement, and requires that they offer a student the option of receiving his/her financial aid disbursement via direct deposit, as specified. The bill also requests the University of California (UC) to comply with these provisions. ANALYSIS : Federal regulations establish rules for the disbursement of federal financial aid to students. These rules provide that schools may disburse Federal Student Aid (FSA) funds directly to a student or parent by issuing a check or other instrument, by initiating an electronic funds transfer to a bank account designated by a student or parent, by disbursing cash to the student, or by releasing a Federal Family Education CONTINUED SB 595 Page 2 Loan check sent by the lender. Generally, FSA funds must be disbursed to a student within 14 days. These rules also authorize a school to establish a policy requiring its students to provide bank account information, or open an account at a bank of their choosing as long as this policy does not delay the disbursement of FSA funds to students. In situations where a school opens a bank account on behalf of the student, the rules require that schools comply with conditions related to consent, notice, and costs to open or transact on the account as well as the availability of means for accessing funds. This bill: 1.Prohibits any campus of the CCC or the CSU from entering into a contract with any entity, on or after 1/1/2014, that requires students to open an account with that entity as a condition of the student receiving a financial aid disbursement. 2.Requires each CCC and CSU campus to offer a student the option of receiving a direct deposit of a financial aid disbursement into a deposit account of the student's choosing. 3.Requires the CCC and the CSU to ensure that the contract with the entity provides for direct deposit within one day of receipt of disbursement monies. 4.Requests the UC to comply with these same provisions/conditions. Comments According to a recent report by the U.S. Public Interest Research Group (PIRG), Campus Debit Card Trap, banks and financial firms are forming partnerships with colleges and universities to produce campus ID cards and to offer student aid disbursements on debit or prepaid cards. The federal government requires that schools disburse financial aid refunds to students free of charge; however, these debit cards can come with fees for other services that can take away from students' aid. As a result students end up bearing some costs directly, including per-swipe fees, inactivity fees, overdraft fees, ATM CONTINUED SB 595 Page 3 fees and more. The report contends that debit cards for disbursing funds may be good for colleges, but argue that cash-strapped students absorb the costs. The PIRG study finds that some debit cards come with fees as high as 50 cents per swipe in transaction fees, $38.00 per overdraft and $10.00 for inactivity after 6 months without use. The PIRG study also finds that students do not fully realize what they are signing up for when they elect to receive their financial aid award via debit card. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 5/7/13) California Bankers Association California Student Aid Commission CalPIRG Student Senate for California Community Colleges ARGUMENTS IN SUPPORT : According to the author's office, existing law permits our public segments of higher education to enter into contracts with entities for the purpose of disbursing financial aid funds, but these contracts are not prohibited from mandating that students open an account with the partnering entity as a precondition to receiving their financial aid funds. In addition, it is the intent of the author's office to ensure that a student who opts to use an entity other than a college's/university's partnering depository institution is not disadvantaged by selecting an alternative means that result in a prolonged wait for receiving their financial aid disbursement. According to the author's office, direct deposit currently offers the timeliest means by which a student can receive their financial aid funds. By requiring the direct deposit be initiated within 24 hours of the receipt of the funds by the entity, students are ensured of receiving their funds in a time frame similar to that for students who choose the college's/university's partnering depository institution. PQ:ej 5/7/13 Senate Floor Analyses CONTINUED SB 595 Page 4 SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED