BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
                         BANKING AND FINANCIAL INSTITUTIONS
                             Senator Marty Block, Chair
                                2015 - 2016  Regular 

          Bill No:             AB 283         Hearing Date:    June 17,  
          2015
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          |Author:    |Dababneh                                             |
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          |Version:   |February 11, 2015    Introduced                      |
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          |Urgency:   |No                     |Fiscal:    |No               |
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          |Consultant:|Eileen Newhall                                       |
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                            Subject:  Financial affairs.


           SUMMARY       Deletes the provision of existing law, which states that no  
          more than 10% of an agency's surplus funds that are invested in  
          deposits other than certificates of deposit may be submitted to  
          any one private sector entity that assists in the placement of  
          deposits, and deletes the sunset date on the provision  
          authorizing these types of deposits.  
          
           DESCRIPTION
             
            1.  Deletes the provision of existing law, which states that no  
              more than 10% of an agency's surplus funds that are invested  
              in deposits other than certificates of deposit may be  
              submitted to any one private sector entity that assists in  
              the placement of deposits.  

           2.  Deletes the sunset date on the provision of existing law  
              granting local agencies the authority to invest surplus  
              funds in deposits other than certificates of deposit at  
              depository institutions that use a private sector entity to  
              assist in the placement of deposits.

           EXISTING LAW
           
           3.  Defines a local agency as a county, city, city and county,  
              school district, community college district, public district,  
              county board of education, county superintendent of schools, or  







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              any public or municipal corporation (Government Code Section  
              53600).

           4.  Authorizes local agencies that do not pool their money in  
              deposits or investments with other local agencies with separate  
              governing bodies, and that have money in their treasuries that  
              is not required for their immediate needs, to invest any portion  
              of the money they deem wise or expedient in selected investments  
              specified in law, and places limitations on the percentage of a  
              local agency's surplus that may be invested in some of those  
              investments (Government Code Section 53601).

           5.  Includes negotiable certificates of deposit (CDs) among  
              allowable investments, provided they are issued by a state- or  
              nationally-chartered depository institution, and the local  
              agency's investment in the CDs does not exceed 30% of the  
              agency's surplus (Government Code Section 53601).

           6.  Authorizes local agencies that have the authority to invest  
              surplus funds at their discretion to invest up to 30% of  
              those funds in deposits at a commercial bank, savings bank,  
              savings and loan association, or credit union that uses a  
              private sector entity which assists in the placement of  
              deposits (Government Code Sections 53601.8 and 53635.8).   
              This authority applies to investments in two different types  
              of deposits, as follows:  

               a.     The full 30% of an agency's surplus funds may be  
                 invested in CDs at depository institutions that use a  
                 private sector entity which assists in the placement of  
                 deposits.  This authority does not sunset.  

               b.     No more than 10% of an agency's surplus funds that  
                 are invested in deposits other than CDs may be submitted  
                 to any single private sector entity that assists in the  
                 placement of deposits.  Authority to invest in deposits  
                 other than certificates of deposit sunsets on January 1,  
                 2017.  

           7.  Places several restrictions on the local agencies and  
              depository institutions that take advantage of the authority  
              described in Existing Law Number 4 above, as follows: 

               a.     The local agency must use a nationally or  








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                 state-chartered commercial bank, savings bank, savings  
                 and loan association, or credit union in California to  
                 invest its funds.

               b.     The depository institution used by the local agency  
                 may use a private sector entity to help place local  
                 agency deposits with one or more commercial banks,  
                 savings banks, savings and loan associations, or credit  
                 unions in the United States, which are within the network  
                 used by the private sector entity. 

               c.     Any private sector entity used by a depository  
                 institution to help place its local agency deposits must  
                 maintain policies and procedures requiring both of the  
                 following:

                    i.          The full amount of each deposit placed  
                     using the private sector entity and the interest that  
                     may accrue on each deposit must at all times be  
                     insured by the Federal Deposit Insurance Corporation  
                     (FDIC) or National Credit Union Administration  
                     (NCUA).

                    ii.        Every depository institution where funds  
                     are placed must be capitalized at a level that is  
                     sufficient, and be otherwise eligible to receive such  
                     deposits pursuant to FDIC or NCUA regulations. 

               d.     On the same date the local agency's funds are placed  
                 by the private sector entity, the depository institution  
                 used by the local agency must receive an amount of  
                 insured deposits from other financial institutions that,  
                 in total, are equal to or greater than the full amount of  
                 the principal the local agency initially deposited with  
                 that institution.

















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          COMMENTS
         
          1.  Purpose:   AB 283 is co-sponsored by the California  
              Independent Bankers (CIB) and the California Bankers  
              Association (CBA) to increase banks' access to local agency  
              deposits.

           2.  Background:   This bill builds upon authority first granted  
              to local agencies in California in 2006 (AB 2011 (Vargas),  
              Chapter 459, Statutes of 2006).  In 2006, CIB sponsored  
              legislation intended to help community banks attract  
              deposits from local government agencies.  Prior to the 2006  
              legislation, community banks struggled to attract local  
              agency deposits, because of the requirement that local  
              agency deposits above the FDIC deposit insurance limit be  
              fully collateralized.  Unlike their larger counterparts,  
              small banks lack the necessary collateral to accept large  
              deposits.  

          Recognizing that smaller banks would benefit from the ability to  
              accept multiple deposits in increments up to, but not  
              exceeding the FDIC deposit insurance limit, a private sector  
              entity (Promontory Interfinancial LLC) created a CD  
              placement service.  Promontory's CD placement service is  
              based upon the premise that FDIC insurance is  
              institution-based, and not depositor-based.  Thus, if a  
              local agency with $2 million to deposit places that money in  
              a single depository institution, only $250,000 of that  
              deposit is insured by the FDIC.  However, if that local  
              agency splits up its $2 million into eight slices of  
              $250,000 each, and deposits each of those eight $250,000  
              slices into a different depository institution, the whole $2  
              million will be insured.  Promontory devised a way to save  
              local agencies the need to manually split their deposits  
              into slices up to, but not exceeding the FDIC insurance  
              limit, while simultaneously giving relatively small banks an  
              opportunity to receive public funds in insured increments of  
              $250,000 or less.  

          Promontory's CD placement service works, in part because of its  
              large network of member banks, and in part because of the  
              FDIC's willingness to insure deposits that are parceled out  
              by Promontory in amounts up to, but not exceeding the FDIC's  








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              deposit insurance limit.  The service works as follows:  a  
              local agency with an amount of surplus funds to invest that  
              exceeds the FDIC insurance limit (now $250,000) goes to a  
              local California bank (the "selected" bank), which belongs  
              to the CD placement service.  At the request of the selected  
              bank, the CD placement service splits up the local agency's  
              deposit into slices, each of which is valued at $250,000 or  
              less.  Each of these slices is then parceled out to banks  
              throughout the country, which are also members of the  
              placement service, and which issue CDs.  In that way, the  
              full amount of the local agency's deposit is FDIC-insured.

          At the same time the local agency's funds are deposited with the  
              selected bank, and then parceled out to banks across the  
              country that are members of the CD placement network in  
              amounts of $250,000 or less, the selected bank receives  
              deposits from other members of the placement service  
              network, which are equal to, or greater than, the full  
              amount of the principal the local agency initially deposited  
              with the selected bank.  Thus, the selected bank ends up  
              with at least the same amount of money on deposit that it  
              received from the local agency; however, the full value of  
              that money is insured, because it is held in increments of  
              $250,000 or less for depositors that originally deposited  
              their money with other selected banks.  

          The CD placement service has proven quite effective to date.   
              Through the end of Q1 2015, approximately $5.8 billion in  
              deposits have been made by California local agencies into  
              depository institutions using a private sector CD placement  
              service.

          In 2013, AB 279 (Dickinson), Chapter 228, Statutes of 2013,  
              authorized local agencies to invest surplus funds in  
              deposits other than CDs at depository institutions that use  
              private sector placement services to distribute those non-CD  
              deposits.  Non-CD deposits include demand deposit accounts  
              and money market accounts.

          The logic behind the non-CD depository authority is identical to  
              the CD deposit authority (i.e., an amount of money above the  
              FDIC's deposit insurance limit is deposited with a  
              California bank, a private sector entity facilitates the  
              distribution of amounts in excess of the deposit insurance  








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              limit to other banks in its network, the same private sector  
              entity facilitates the distribution of money deposited into  
              those other banks into the California bank in increments up  
              to, but not exceeding the FDIC's deposit limit).  The only  
              difference between the two different types of authority is  
              that the money is held in demand deposit accounts or money  
              market accounts, and not in CDs.  

           3.  Discussion:   Unlike the CD placement service, which is only  
              offered by Promontory, cash sweep services utilizing demand  
              deposit and money market accounts are offered by multiple  
              private sector entities.  Promontory Interfinancial Network  
              offers an Insured Cash Sweep product, Anova Financial  
              Corporation offers a Reciprocal Exchange Deposit program,  
              Charity Deposits Corporation offers a Money Market Account  
              Xtra product, and Reich and Tang offers a Demand Deposit  
              Marketplace.  Recognizing the existence of multiple  
              placement services for non-CD deposits, the Senate  
              Governance and Finance Committee amended AB 279 to cap, at  
              10%, the maximum percentage of a local agency's surplus  
              funds that could be allocated by any single private sector  
              placement service.  

          This 10% limitation has proven problematic for depository  
              institutions and local agencies.  Depository institutions  
              are unwilling to advertise the existence of their non-CD  
              placement services, because of the relatively small amounts  
              of money the 10% limit allows them to accept.  Most banks  
              have relationships with only one private sector placement  
              service due to the cost and expense of vendor management due  
              diligence; thus, the 10% per private sector placement  
              service has the effect of being a 10% per depository  
              institution limit.  Because depository institutions are not  
              advertising the existence of non-CD placement services, no  
              local agency has used the authority granted under AB 279.  

          AB 283 seeks to delete the 10% limit, with the aim of  
              encouraging depository institutions and local agencies to  
              use the authority granted pursuant to AB 279.  If AB 283 is  
              enacted, the 30% cap that applies to deposits in CDs which  
              are placed using a private sector placement service will  
              also apply to non-CD deposits that are placed using a  
              private sector placement service.  









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           4.  Summary of Arguments in Support:   CBA and CIB are sponsoring  
              AB 283 to remove the 10% cap which has discouraged use of  
              the non-CD placement services banks would like to offer to  
              local agencies in California, and to ensure that this non-CD  
              placement authority is a permanent part of California law.

           5.  Summary of Arguments in Opposition:    None received.
               
          6.  Amendments:  

               a.     As noted above, no local agency has utilized the  
                 authority to invest surplus funds in non-CD deposits at  
                 depository institutions that use a private sector  
                 placement service to place those deposits.  It would  
                 therefore appear premature to delete the sunset date on  
                 that authority.  In lieu of deleting the sunset date on  
                 the non-CD placement service authority, staff suggests  
                 extending the sunset date in existing law, to give the  
                 Legislature the opportunity to see whether deleting the  
                 10% limitation has its desired effect of encouraging  
                 these types of deposits.

               Page 3, after line 21, insert the following:  (i) This  
                 section shall remain in effect only until January 1,  
                 2021, and as of that date is repealed, unless a later  
                 enacted statute, that is enacted before January 1, 2021,  
                 deletes or extends that date.  

               Page 6, after line 26, insert the following:  (i) This  
                 section shall remain in effect only until January 1,  
                 2021, and as of that date is repealed, unless a later  
                 enacted statute, that is enacted before January 1, 2021,  
                 deletes or extends that date.  
                
          7.  Prior and Related Legislation:   

               a.     AB 279 (Dickinson), Chapter 228, Statutes of 2013:   
                 Authorized local agencies to invest surplus funds in  
                 deposits other than CDs at depository institutions that  
                 use a private sector entity to assist in the placement of  
                 deposits.  This authority sunsets on January 1, 2017.

               b.     SB 1344 (Kehoe), Chapter 112, Statutes of 2010:   
                 Deleted the sunset date contained in AB 2011, thus  








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                 permanently extending the ability of local agencies to  
                 use private sector, CD placement services. 

               c.     AB 2011 (Vargas), Chapter 459, Statutes of 2006:   
                 Until January 1, 2012, authorized local agencies to  
                 invest surplus funds in a private sector, CD placement  
                 service.  
           
          LIST OF REGISTERED SUPPORT/OPPOSITION
            
          Support
           
          California Bankers Association (co-sponsor)
          California Independent Bankers (co-sponsor)
           
          Opposition
               
          None received


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