BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          Bill No:             AB 1292        Hearing Date:    June 17,  
          2015
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          |Author:    |Dababneh                                             |
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          |Version:   |February 27, 2015    Introduced                      |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Eileen Newhall                                       |
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                        Subject:  Bank on California program.


           SUMMARY       Establishes the Bank on California Program (program) within  
          the Department of Business Oversight (DBO; the Department) and  
          requires the Department to report annually to the chairpersons  
          of the Senate Committee on Banking and Financial Institutions  
          and Assembly Committee on Banking and Finance regarding the  
          activities of the program.
          
           DESCRIPTION
             
            1.  Contains findings and declarations stating that "Bank On  
              California" is a voluntary collaborative initiative that  
              assists Californians in opening a bank or credit union  
              account and saving for the future.

           2.  Establishes the Bank on California Program within DBO.

           3.  Beginning in 2016, requires the Department to provide the  
              respective chairpersons of the Senate Committee on Banking  
              and Financial Institutions and the Assembly Committee on  
              Banking and Finance with a brief annual summary on the  
              activities of the program no later than August 30th of each  
              year.  

           EXISTING LAW
           
           4.  Authorizes DBO to administer provisions of the Financial  







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              Code regulating the activities of state-chartered banks and  
              state-chartered credit unions (Divisions 1 and 5 of the  
              Financial Code).

           5.  Provides for the California Financial Literacy Fund,  
              administered by the State Controller, to enable partnerships  
              with the financial services community and governmental and  
              nongovernmental stakeholders to improve Californians'  
              financial literacy (Financial Code Section 70000 et seq.).

           COMMENTS
         
          1.  Purpose:   AB 1292 is intended to ensure that the program has  
              a permanent home within DBO and to update the Legislature  
              annually regarding the progress the program is making.  

           2.  Background:   "Bank On" programs are voluntary programs in  
              which local agencies, typically municipalities and community  
              partners, form coalitions with banks and credit unions to  
              reduce barriers to banking among unbanked and underbanked  
              individuals.

          The first Bank On program was created in San Francisco in 2005,  
              in response to a survey that identified approximately 50,000  
              unbanked households in that jurisdiction, many of which  
              housed people of color.  When San Francisco officials  
              reviewed the data, they determined that San Francisco had a  
              compelling interest in helping the unbanked open accounts,  
              as a first step toward financial empowerment and a stronger  
              community.

          In December 2005, a committee including the San Francisco  
              Treasurer's Office, the New America Foundation, the Federal  
              Reserve Bank of San Francisco, and the nonprofit  
              organization EARN worked with local community organizations,  
              banks, and credit unions to develop a new program to bank  
              the unbanked. This coalition eventually became Bank on San  
              Francisco. It began with four goals:  1) create more  
              opportunities for lower-income clients to enter the  
              financial mainstream; 2) create products without high fees  
              or minimum balances; 3) help unbanked people learn about the  
              benefits of keeping their money in checking and savings  
              accounts; and 4) help San Franciscans learn more about how  
              to use, manage, and save money.  Bank on San Francisco  








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              ultimately partnered with fourteen banks and credit unions.  
              The group set an initial goal of banking 10,000 unbanked San  
              Franciscans in two years. 

          Results to date have been strong.  Bank On San Francisco has  
              helped bank an average of 10,000 people per year since  
              launch (http://sfofe.org/programs/bank-on).  According to  
              the San Francisco Office of Financial Empowerment (OFE),  
              Bank on San Francisco is the first comprehensive program in  
              the United States dedicated to helping people without access  
              to mainstream financial institutions.  It has become a model  
              for similar programs across the nation.

          In 2008, the Schwarzenegger Administration launched Bank On  
              California, to build on Bank On San Francisco, and encourage  
              other local governments to launch and maintain regional  
              "Bank On" programs of their own.  Initially, Bank On  
              California was housed within the Governor's Office of  
              Planning and Research.  A few years later, Bank On  
              California was shifted to the State and Consumer Services  
              Agency.  In 2012, the program was moved to the Department of  
              Financial Institutions (DFI), then moved to DBO in 2013,  
              when DBO was formed through the merger of DFI and the  
              Department of Corporations.  

          To date, within California, Bank On Programs have been  
              established in American Canyon, Central Coast (including  
              Monterey, Santa Cruz, Salinas, and San Benito Counties),  
              Fresno, Los Angeles, Oakland, Orange County, Napa Valley,  
              Sacramento (including Sacramento, Amador, El Dorado, Placer,  
              and Yolo Counties), San Francisco, San Jose, and Stanislaus  
              (  www.bankoncalifornia.ca.gov  ).

           3.  Discussion:   If this bill is enacted, DBO would join the  
              U.S. Department of the Treasury and the National League of  
              Cities as a repository of information about state and  
              regional Bank On programs.  According to the San Francisco  
              OFE, "Bank On San Francisco's success attracted national  
              attention. To help other cities start their own programs,  
              the National League of Cities created "Bank on Cities" and  
              the U.S. Department of the Treasury has begun work on a  
              national "Bank on USA" program. 

          More than 100 cities have launched, or started planning, a Bank  








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              On program.  To provide technical assistance to support  
              these efforts, the San Francisco OFE partnered with the  
              National League of Cities and the James Irvine Foundation to  
              create joinbankon.org, a web portal offering tools and  
              resources for other cities planning Bank On programs."  A  
              significant amount of information about the philosophy  
              behind Bank On, how to find an existing Bank On program, and  
              how to start a new Bank On program is available at  
               www.joinbankon.org  . 

           4.  Summary of Arguments in Support:   

               a.     The author observes that since Bank on California  
                 launched in 2008 without statutory oversight, the program  
                 has been housed in several state departments, including  
                 the Governor's Office of Planning and Research, the State  
                 and Consumer Services Agency, and (since 2012) DFI/ DBO.   
                 Because the program was moved from department to  
                 department, it has been difficult to determine the  
                 success of the program and whether it appropriately  
                 serves the needs of local Bank On programs.  "AB 1292  
                 places the program in statute and will ensure  
                 indefinitely that this program has a standing home at the  
                 Department of Business Oversight. The measure also  
                 requires the Department to submit a report on an annual  
                 basis to specified committees of the Legislature to  
                 ensure the program is successful and meets the needs of  
                 the Bank On programs at the local level."  United Ways of  
                 California supports the bill for those reasons.  

               b.     The California Independent Bankers (CIB), California  
                 Credit Union League (CCUL), and the SF OFE also support  
                 the bill.  CCUL believes that too many Californians are  
                 disconnected from the financial mainstream.  Federal  
                 Deposit Insurance Corporation survey data indicates that  
                 3.1 million adults are unbanked, and 6.6 million are  
                 unbanked in California.   Recent market research  
                 indicates that Fresno and Los Angeles, respectively, have  
                 the highest and third highest percentages of unbanked  
                 residents in the country.  CCUL supports AB 1292, because  
                 it "intends to increase and enhance banking services in  
                 underserved communities and stimulate greater financial  
                 inclusion by identifying areas that need expanded  
                 service."








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               CIB writes, "With millions of Americans unbanked and  
                 underbanked (1 in 13 households in 2013), it is critical  
                 to take steps to help these individuals gain access to  
                 financial services, including checking and savings  
                 accounts."

               SF OFE believes that the most successful model for Bank On  
                 is one in which regional coalitions lead and state  
                 agencies provide needed support and coordination.  

           5.  Summary of Arguments in Opposition:    None received.

           6.  Prior and Related Legislation:   All of the following bills  
              were attempts to involve DBO or its predecessor department,  
              DFI in programs focused on banking unbanked and underbanked  
              individuals.

               a.     AB 385 (Dickinson), 2013-14 Legislative Session:   
                 Would have housed the Bank On California Program within  
                 DBO, and required DBO to coordinate with regional Bank On  
                 programs on several specific activities, and required  
                 financial institutions that chose to participate in Bank  
                 On California to adhere to several rules.  Held on the  
                 Senate Appropriations Committee Suspense File.  

               b.     AB 38 (Bradford), 2011-12 Legislative Session:   
                 Would have required DFI to work with local agencies to  
                 compile a list of underserved communities or regions that  
                 lack a concentration of depository institutions and  
                 financial services.  Vetoed by Governor Brown.

               c.     AB 2581 (Bradford), 2009-10 Legislative Session:   
                 Would have established a Banking Development District  
                 (BDD) program within DFI, and directed DFI to share  
                 specified information about the BDD program with the  
                 State Treasurer for the Treasurer's use in promoting his  
                 Time Deposit Program.  Vetoed by Governor Schwarzenegger.

               d.     AB 1502 (Lieu), 2007-2008 Legislative Session:    
                 Would have established a BDD program, jointly  
                 administered by DFI and the State Treasurer.  Passed the  
                 Assembly, but was not taken up in the Senate.  
               








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          LIST OF REGISTERED SUPPORT/OPPOSITION
            
          Support
           
          California Credit Union League
          California Independent Bankers
          San Francisco Office of Financial Empowerment
          United Ways of California
           
          Opposition
               
          None received


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