BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    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  
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          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  

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          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 


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                           SUPPORT/OPPOSITION:  SEE ABOVE

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