BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNANCE AND FINANCE
                         Senator Robert M. Hertzberg, Chair
                                2015 - 2016  Regular 

                              
          
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          |Bill No:  |AB 283                           |Hearing    | 7/1/15  |
          |          |                                 |Date:      |         |
          |----------+---------------------------------+-----------+---------|
          |Author:   |Dababneh                         |Tax Levy:  |No       |
          |----------+---------------------------------+-----------+---------|
          |Version:  |6/23/15                          |Fiscal:    |No       |
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          |Consultant|Weinberger                                            |
          |:         |                                                      |
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                              INVESTMENT OF SURPLUS FUNDS



          Repeals a cap on the share of local agency funds that may be  
          invested through a private sector deposit placement service and  
          extends the sunset date on the statutes authorizing those  
          deposits.


           Background and Existing Law

           Since 1913, state law has authorized local officials to invest a  
          portion of local governments' temporarily idle funds in a  
          variety of financial instruments.  Originally, state law limited  
          the instruments to government bonds, but over time the laws  
          governing local agency investments have been amended to keep  
          pace with changing investment opportunities and current market  
          offerings.

          California law allows local officials to deposit money in state  
          or national banks, savings associations, federal associations,  
          credit unions, or federally insured industrial loan companies in  
          the State of California.  These public deposits, which include  
          funds placed into certificates of deposit (CDs), are subject to  
          restrictions, including a requirement that deposits must be  
          insured by the Federal Deposit Insurance Corporation (FDIC) or,  
          to the extent not insured, collateralized with certain types of  
          securities in specified amounts. FDIC insurance usually covers  
          only $250,000 per depositor per institution.  As a result, to  







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          secure large public deposits, depository institutions must hold  
          significant amounts of collateral.

          In 2006, the Legislature authorized local agencies to invest up  
          to 30% of their surplus funds in CDs issued through a private  
          sector deposit placement service (AB 2011, Vargas, 2006).  
          Subsequent legislation deleted a sunset date from the statutes  
          authorizing local agencies to invest in CDs using a deposit  
          placement service (SB 1344, Kehoe, 2010).

          A deposit placement service splits the funds deposited at a  
          single financial institution into increments of less than  
          $250,000 and trades deposits through a network of participating  
          institutions.  Network members provide simultaneous reciprocal  
          deposits on a dollar-for-dollar basis, so that the equivalent of  
          the original deposit comes back to the bank that received the  
          original deposit.  Each of the incremental deposits is less than  
          $250,000 to ensure that both the principal and interest are  
          fully insured by the FDIC, eliminating the need for  
          collateralization. 

          In 2013, the Legislature expanded local governments' statutory  
          authority to invest surplus funds through a deposit placement  
          service to allow surplus funds to be placed not just in CDs but  
          also in other types of deposits, including money market accounts  
          and demand deposit accounts (AB 279, Dickinson, 2013).  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.  The  
          authority to invest in deposits other than CDs using a deposit  
          placement service sunsets on January 1, 2017.  

          Some California bankers suggest that the 10% cap on investments  
          in deposits other than CDs that was enacted as part of the  
          Dickinson bill in 2013 is too low to allow the new investment  
          authority to be worthwhile for banks and local governments.   
          They want the Legislature to repeal the 10% cap and extend the  
          sunset date on the statutes authorizing those deposits.


           Proposed Law

           Assembly Bill 283 deletes a requirement that no more than 10% of  
          an agency's surplus funds that are invested in deposits other  








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          than certificates of deposit may be submitted to any one private  
          sector entity that assists in the placement of deposits.

          AB 283 extends, until January 1, 2021, the sunset date in the  
          statutes 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.

          AB 283 repeals a requirement that no more than 30% of a local  
          agency's surplus funds can be invested, in total, in negotiable  
          CDs and CDs using a private sector entity that assists in the  
          placement of deposits.


           State Revenue Impact

           No estimate.


           Comments

           1.  Purpose of the bill  .  Statutory collateralization  
          requirements limit small community banks' capacity to accept  
          large public deposits.  Many local agencies' treasurers want to  
          be able to make deposits with community banks, but don't want  
          the administrative and monitoring burdens of maintaining  
          multiple $250,000 deposits at separate institutions to ensure  
          FDIC insurance coverage.  Deposit placement services address  
          both of these concerns.  Two years ago, the Legislature sought  
          to expand California statutes that govern local agencies' use of  
          deposit placement services to include deposits other than  
          certificates of deposit.  However, the requirement that no more  
          than 10% of an agency's funds can be invested through a  
          particular deposit placement service reportedly is preventing  
          local governments from taking advantage of the new authority  
          granted by AB 279 (Dickinson, 2013).  Existing law already  
          requires that no more than 30% of a local agency's surplus funds  
          may be invested in CDs or any other type of deposit through a  
          private sector deposit placement service.  AB 283 leaves that  
          cap in place.  By repealing the 10% cap, AB 283 benefits public  
          agencies and local communities by giving California local  
          officials greater flexibility to place non-CD deposits in  
          community banks without the difficulties of complying with  








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          securitization requirements.  

          2.   Double-referred  .  The Senate Rules Committee ordered a  
          double-referral of AB 283 --- first to the Senate Banking &  
          Financial Institutions Committee, which has jurisdiction over  
          bills regulating banking activities like deposit placement  
          services, and then to the Senate Governance & Finance Committee,  
          which has jurisdiction over bills relating to local agencies'  
          authority to invest public funds.  The Senate Banking &  
          Financial Institutions Committee passed the bill, with  
          amendments, at its June 17 hearing on a 7-0 vote.


           Assembly Actions

           Assembly Local Government Committee:9-0
          Assembly Banking & Finance Committee:11-0
          Assembly Floor:                    80-0

           Support and  
          Opposition   (6/25/15)


           Support  :  California Bankers Association; California Independent  
          Bankers.

           Opposition  :  Unknown.



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