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 ----------------------------------------------------------------- |Author: |Dababneh | |-----------+-----------------------------------------------------| |Version: |February 11, 2015 Introduced | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |No | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Eileen Newhall | | | | ----------------------------------------------------------------- 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 AB 283 (Dababneh) Page 2 of ? 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 AB 283 (Dababneh) Page 3 of ? 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. AB 283 (Dababneh) Page 4 of ? 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 AB 283 (Dababneh) Page 5 of ? 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 AB 283 (Dababneh) Page 6 of ? 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. AB 283 (Dababneh) Page 7 of ? 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 AB 283 (Dababneh) Page 8 of ? 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 -- END --