BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 1784


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          Date of Hearing:  March 14, 2016


                       ASSEMBLY COMMITTEE ON BANKING AND FINANCE


                                Matthew Dababneh, Chair


          AB 1784  
          (Dababneh) - As Amended March 3, 2016


          SUBJECT:  State banks


          SUMMARY:  Allows state chartered banks to participate in  
          school-based savings programs (Programs).  Specifically, this  
          bill:  


          1)Permits the Programs to receive deposits or pay withdrawals on  
            the premises of, or at a facility used by, a school.  


          2)Specifies that the school premises or facility will not be  
            considered a branch office if:


             a)   The bank does not establish and operate the school  
               premises or facility in which the program is conducted; 


             b)   Bank employees work at the site only to participate in the  
               Program; 


             c)   The Program is provided at the discretion of the school; 









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             d)   The principal purpose of the Program is financial  
               education; and, 


             e)   No services are provided to the general public. 


          EXISTING LAW allows a savings association to contract with the  
          authorities of any public or nonpublic elementary, secondary  
          school or institution of higher learning, or any public or  
          charitable institution caring for minors, for the participation  
          and implementation by the association in any school or  
          institutional thrift or savings plan, and it may accept savings  
          accounts at the school or institution, either by its own collector  
          or by any representative of the school or institution that becomes  
          the agent of the association for that purpose. [Financial Code,  
          Section 6700]


          FISCAL EFFECT:  Unknown.


          COMMENTS:  


          Need for the bill:


          These Programs are a collaborative effort between banks and  
          elementary, middle and high school administrators and teachers  
          that provide financial education activities through presentations,  
          classes and curriculum development.  The Programs are often  
          structured as in-school credit union or bank programs that offer  
          students basic savings accounts.  These Programs range from "mini  
          banks" that offer student savings accounts to more complex  
          programs that offer career-oriented banker training. The Programs  
          help students understand the value of saving by opening and  
          managing savings accounts.  The Programs may also include banker  








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          classroom presentations on saving and other financial education  
          topics and field trips to banks so students can observe how banks  
          operate.  Typically, bank staff is available to answer financial  
          education and banking-related questions that students, faculty,  
          parents, and school administrations ask.  

          Additionally, the Programs teach students about the importance of  
          savings and financial management.  Research indicates that these  
          Programs may be effective in helping improve long-term financial  
          and education outcomes, such as completing college.  

          These programs provide a valuable service to the community and  
          assist banks in meeting their federally mandated Community  
          Reinvestment Act obligations.  National banks and California  
          savings associations are already authorized to participate in the  
          Programs; however, a gap exists in California law that prevents  
          state-chartered banks from engaging in these Programs because a  
          branch license and related operations are presently required at  
          each participating school.  AB 1784 will close this gap so that  
          state-chartered banks can provide these educational services.

          Background:

          On February 24, 2015, the Board of Governors of the Federal  
          Reserve System, the Federal Deposit Insurance Corporation (FDIC),  
          the National Credit Union Administration, and the Office of the  
          Comptroller of the Currency, as members of the Financial Literacy  
          and Education Commission together with the Financial Crimes  
          Enforcement Network of the U.S. Department of the Treasury issued  
          guidance to encourage financial institutions to develop youth  
          savings programs.  The purpose of the guidance was to encourage  
          financial institutions to develop and implement programs to expand  
          the financial capability of youth and build opportunities for  
          financial inclusion for more families.  

          The federal guidance stated that the school is not considered a  
          bank branch when the following conditions are met:

             1)   The bank does not establish and operate the school  








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               premises or facility on which the financial literacy program  
               is conducted.

             2)   Bank employees work at the site only to participate in the  
               program.

             3)   No services are provided to the general public.

             4)   The principal purpose of the financial literacy program is  
               educational. For example, a program is educational if it is  
               designed to teach students the principles of personal  
               economics or the benefits of saving for the future and is not  
               designed for the purpose of profit-making.
           
          In addition, Texas recently took action. The Texas Administrative  
          Code now provides a similar provision in Rule § 1544 in Title 7,  
          Part 2, Chapter 15, Subchapter C.  It provides that a state bank's  
          school-based savings program is not considered a branch if the  
          program meets certain conditions similar to those in AB 1784.  
           
          To set up a program on school premises, a bank works with school  
          administrators and teachers who are interested in providing  
          financial education to their students.  In cooperation with school  
          administration and faculty, a bank determines where the program is  
          to be located on school premises; what the days and hours of  
          operation will be; which financial services are to be offered; and  
          how students, faculty, school administration, and parents will  
          participate in the program. 
          In addition, on August 4, 2014, the FDIC announced a two-year FDIC  
          Youth Savings Pilot Program aimed at identifying and highlighting  
          promising approaches to offering financial education tied to the  
          opening of safe, low-cost savings accounts for school-aged  
          children. The first phase of the Pilot was open to institutions  
          currently working with schools or nonprofit organizations that  
          help students open savings accounts in conjunction with financial  
          education programs during the 2014-15 school year.  Phase I  
          started with the 2014-15 school year and will conclude at the end  
          of the 2015-16 school year.  Only one program in California is  
          part of the pilot program currently. 








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          Summary of the Phase I Participants:


          Athol Savings Bank, a $335 million state nonmember bank  
          headquartered in Athol, Massachusetts. The bank's Save$um Banking  
          program has operated in five elementary schools for 12 years.   
          These in-school bank branches are operated by students, with  
          oversight from parents, teachers, and bank employees.  Students  
          receive small incentives from the bank when they open and continue  
          saving in the account.  

          Bank of Hawaii, a $14 billion state member bank headquartered in  
          Honolulu, Hawaii. The bank targets 10th graders at two high  
          schools in Leeward Oahu, HI, in collaboration with Hawaiian  
          Community Assets (a non-profit).  The bank provides the largely  
          low- and moderate-income, native Hawaiian student population with  
          age and culturally appropriate financial education and then offers  
          to open a no fee, no minimum balance savings account.

          Capital One, National Association, a $255 billion national bank  
          headquartered in McLean, Virginia.  The bank has four  
          student-operated bank branches on low- and moderate-income school  
          campuses in Bronx, New York, Harlem, New York, Newark, New Jersey  
          and Riverdale, Maryland.  Students need $1.00, their school ID,  
          and their Social Security number to open a savings account at the  
          school.  Students are hired into teller positions at the end of  
          their junior year.  The student bankers provide financial  
          education to their peers.  

          First Bank of Highland Park, a $1.2 billion state nonmember bank  
          headquartered in Highland Park, Illinois.  The bank works with a  
          private school and non-profits. A minor receives a $25 bonus from  
          the bank when opening a new savings account and another $10 bonus  
          after the tenth deposit.  The bank's financial education  
          activities (which are based on Money Smart) are delivered monthly  
          between October and April.









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          First Metro Bank, a $532 million state nonmember bank  
          headquartered in Muscle Shoals, Alabama.  The bank implemented two  
          student-run bank branches in local high schools in 2013.  Students  
          can open a savings account at the school without an adult  
          custodian at the age of 15.  The account has a $1 minimum balance  
          with no minimum balance or maintenance fees.  Teachers and bank  
          staff provide financial education.  

          Montecito Bank & Trust, a $1.1 billion state nonmember bank  
          headquartered in Santa Barbara, California.  The bank provides  
          financial education through several predominately low- and  
          moderate-income schools in Santa Barbara and Ventura Counties.  
          Students can open a savings account with a $5 deposit, and the  
          bank provides an incentive to students for regularly saving.  

          Treynor State Bank, a $307 million state nonmember bank  
          headquartered in Treynor, Iowa.  The bank facilitates three  
          in-school banking programs-they are in two elementary schools (one  
          of which is low- and moderate-income) and one high school (also a  
          low- and moderate-income school).  Teachers and bank staff provide  
          financial education.  The bank provides small incentives to  
          students for opening an account and then for continuing to save in  
          it. Students, with supervision from bank employees, operate the  
          school bank branches.

          Young Americans Bank, a $15 million state nonmember bank  
          headquartered in Denver, Colorado.  Young Americans opened a  
          branch in January 2013 on a Denver Public Schools campus that  
          serves 1,700 students in grades K-12.  This branch is in one of  
          the poorer areas of Colorado.  The bank modified its policies in  
          response to the identified needs of the student population, such  
          as allowing youth under age 18 to open accounts with a parent's  
          consent because many parents served by this school lack a  
          state-issued ID.  Bank staff provides financial education through  
          the school. 

          Wesbanco Bank, Inc. a $6.3 billion state nonmember bank  
          headquartered in Wheeling, West Virginia.  Bank staff uses an  
          array of financial education tools (including Money Smart).  Their  








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          school-based savings program requires a $10 minimum opening  
          deposit and parental consent.  After three months, the bank  
          deposits $10 into the minor's account.  Students participating in  
          financial education classes also receive a bonus of another $10.  

          Phase II of the FDIC Youth Savings Pilot Program consists of a  
          group of 12 banks that are carrying out a new or expanded program  
          during the 2015-2016 school year. The FDIC selected these banks  
          from the group of banks that submitted an expression of interest  
          in participating in Phase II.


          These 12 banks joined the nine banks that are participating in  
          Phase I of the FDIC Youth Savings Pilot.


          Summary of Phase II Participants

          Beneficial Bank, a $4.8 billion state nonmember bank headquartered  
          in Philadelphia, Pennsylvania.  The bank has an established  
          program in eight high schools and non-profits in greater  
          Philadelphia and south New Jersey. The bank plans to expand the  
          program to several additional low- and moderate-income schools.


          Caldwell Bank & Trust Company, a $165 million state nonmember bank  
          headquartered in Columbia, Louisiana. The bank has an established  
          savings program for 5th graders in four elementary schools in low-  
          and moderate-income areas. The bank will expand this program by  
          providing teachers with financial education lesson materials and  
          working with them to teach about money.


          Commercial Bank, an $818 million state member bank headquartered  
          in Harrogate, Tennessee. The bank entered into a partnership with  
          the Harlan, Kentucky Board of Education to start a new program  
          beginning in August, 2015. 










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          Fidelity Bank, an $812 million state non-member bank headquartered  
          in New Orleans, Louisiana.  The bank plans to launch a new program  
          at several schools that will feature regular "banking days" and  
          monthly financial education lessons provided by bank staff.  


          International Bank of Commerce, a $10 billion state nonmember bank  
          headquartered in Laredo, Texas. The bank plans to add a savings  
          component to its existing well-established financial education  
          program offered in various K-12 schools in low- and  
          moderate-income areas.  


          Passumpsic Savings Bank, a $577 million state nonmember bank  
          headquartered in St. Johnsbury, Vermont. The bank, in partnership  
          with AHEAD Homeownership Center, plans to introduce a new program  
          for students in grades 1-3 at seven elementary schools in Coos  
          County, New Hampshire.


          PNC Bank, National Association, a $340 billion national bank  
          headquartered in Wilmington, Delaware.  The bank operates  
          in-school banks at 83 low- to moderate-income schools that include  
          offering financial education to both students and educators.  They  
          plan to expand their program at the beginning of the school year  
          to include additional low- to moderate-income schools. 


          Reading Co-operative Bank, a $477 million state member bank  
          headquartered in Reading, Massachusetts. The bank currently has a  
          full-service branch in a local high school.  The bank plans to  
          expand their savings program to a neighboring community, which is  
          a predominately low- and moderate-income area. 


          ServisFirst Bank, a $4.4 billion state nonmember bank  
          headquartered in Birmingham, Alabama. The Bank plans to initiate a  
          new savings program targeted to low- and moderate-income schools  
          by collaborating with them to offer a "banking" day, while  








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          providing for account opening activities within PTA meetings, back  
          to school nights and other similar events. 


          Southwest Capital Bank, a $317 million state nonmember bank  
          headquartered in Albuquerque, New Mexico.  The bank will partner  
          with a local non-profit organization to launch a new program to a  
          group of low-income, underserved students at a predominately low-  
          and moderate-income middle school.  


          The Hastings City Bank, a $306 million state nonmember bank  
          headquartered in Hastings Michigan. The bank plans to partner with  
          a community foundation and all school districts in Barry County,  
          Michigan to implement a new savings program. The community  
          foundation will open a savings account at the bank for every  
          kindergartner in the county starting in January of 2016.  


          The Huntington National Bank, a $69 billion national bank  
          headquartered in Columbus, Ohio.  The bank plans to expand its  
          existing Huntington Kids Club savings program from serving five  
          elementary schools to ten schools this fall, primarily in low- and  
          moderate-income areas.  


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Bankers Association (CBA) - Sponsor


          California Community Banking Network (CCBN)









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          Opposition


          None on file.




          Analysis Prepared by:Kathleen O'Malley / B. & F. / (916) 319-3081