BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1156
                                                                  Page  1

          Date of Hearing:   April 20, 2009

                      ASSEMBLY COMMITTEE ON BANKING AND FINANCE
                                  Pedro Nava, Chair
                     AB 1156 (Nava) - As Amended:  March 27, 2009
           
          SUBJECT  :  Surplus funds: local agencies: investments.

           SUMMARY :   Provides that community banks shall be given first  
          priority for the investment of  state surplus funds and the  
          investment of surplus funds in certificates of deposit (CDs) by  
          local agencies.   Specifically,  this bill  :  

          1)Provides that an "eligible community bank"  means a state or  
            national bank located in this state that meets the following  
            requirements and conditions:

             a)   Has five billion dollars or less in assets; 

             b)   The bank is selected by the Treasurer for the  
               safekeeping of money belonging to or in the custody of the  
               state; and,

             c)   The bank has received an overall rating of not less than  
               "satisfactory" in its most recent evaluation by the  
               appropriate federal financial supervisory agency of the  
               bank's record of meeting the credit needs of the state's  
               communities.

          2)Specifies that the first priority for the investment of  
            surplus moneys shall be, to the extent consistent with  
            liquidity requirements and prudent management of surplus  
            moneys, shall be in time deposits of community banks.

          3)Specifies that when a local agency invests surplus moneys in  
            CDs at financial insititions, that first priority shall be  
            given to community banks.

           EXISTING LAW  

          1)Provides that eligible securities for the investment of state  
            surplus moneys include any of the following:

             a)   Bonds or interest-bearing notes or obligations of the  
               United States, or those for which the faith and credit of  
               the United States are pledged for the payment of principal  







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               and interest;

             b)   Bonds or interest-bearing notes on obligations that are  
               guaranteed as to principal and interest by a federal agency  
               of the United States;

             c)   Bonds and notes of this state, or those for which the  
               faith and credit of this state are pledged for the payment  
               of principal and interest;

             d)   Bonds or warrants, including, but not limited to,  
               revenue warrants, of any county, city, metropolitan water  
               district, California water district, California water  
               storage district, irrigation district in the state,  
               municipal utility district, or school district of this  
               state;

             e)   Bonds, consolidated bonds, collateral trust debentures,  
               consolidated debentures, or other obligations issued by  
               federal land banks or federal intermediate credit banks  
               established under the Federal Farm Loan Act, as amended, in  
               debentures and consolidated debentures issued by the  
               Central Bank for Cooperatives and banks for cooperatives  
               established under the Farm Credit Act of 1933, as amended,  
               in bonds or debentures of the Federal Home Loan Bank Board  
               established under the Federal Home Loan Bank Act, in stock,  
               bonds, debentures and other obligations of the Federal  
               National Mortgage Association established under the  
               National Housing Act as amended, and in the bonds of any  
               federal home loan bank established under that act,  
               obligations of the Federal Home Loan Mortgage Corporation,  
               in bonds, notes, and other obligations issued by the  
               Tennessee Valley Authority under the Tennessee Valley  
               Authority Act as amended, and bonds, notes, and other  
               obligations guaranteed by the Commodity Credit Corporation  
               for the export of California agricultural products under  
               the Commodity Credit Corporation Charter Act as amended;

             f)   Commercial paper of "prime" quality as defined by a  
               nationally recognized organization that rates these  
               securities;  

             g)   Bills of exchange or time drafts drawn on and accepted  
               by a commercial bank, otherwise known as bankers  
               acceptances, which are eligible for purchase by the Federal  
               Reserve System;







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             h)   Negotiable certificates of deposits issued by a  
               federally or state-chartered bank or savings and loan  
               association, a state-licensed branch of a foreign bank, or  
               a federally or state-chartered credit union; 

             i)   The portion of bank loans and obligations guaranteed by  
               the United States Small Business Administration or the  
               United States Farmers Home Administration.  Bank loans and  
               obligations guaranteed by the Export-Import Bank of the  
               United States;

             j)   Student loan notes insured under the Guaranteed Student  
               Loan Program established pursuant to the Higher Education  
               Act of 1965, as amended (20 U.S.C. Sec. 1001 and following)  
               and eligible for resale to the Student Loan Marketing  
               Association established pursuant to Section 133 of the  
               Education Amendments of 1972, as amended (20 U.S.C.  Sec.  
               1087-2);

             aa)  Obligations issued, assumed, or guaranteed by the  
               International Bank for Reconstruction and Development, the  
               Inter-American Development Bank, the Asian Development  
               Bank, the African Development Bank, the International  
               Finance Corporation, or the Government Development Bank of  
               Puerto Rico; or,

             bb)  Bonds, debentures, and notes issued by corporations  
               organized and operating within the United States.   
               Securities eligible for investment under this subdivision  
               shall be within the top three ratings of a nationally  
               recognized rating service.  (Government Code, Section  
               16430.  All further references are to the Government Code).

          2)Allows a local agency, at its discretion, to invest a portion  
            of its surplus funds in certificates of deposit at a  
            commercial bank, savings bank, savings and loan association,  
            or credit union that uses a private sector entity that assists  
            in the placement of certificates of deposit with the following  
            conditions:

             a)   The local agency shall choose a nationally or state  
               chartered commercial bank, savings bank, savings and loan  
               association, or credit union in this state to invest the  
               funds, which shall be known as the "selected" depository  
               institution;







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             b)   The selected depository institution may submit the funds  
               to a private sector entity that assists in the placement of  
               certificates of deposit with one or more commercial banks,  
               savings banks, savings and loan associations, or credit  
               unions that are located in the United States, for the local  
               agency's account;

             c)   The full amount of the principal and the interest that  
               may be accrued during the maximum term of each certificate  
               of deposit shall at all times be insured by the Federal  
               Deposit Insurance Corporation or the National Credit Union  
               Administration;

             d)   The selected depository institution shall serve as a  
               custodian for each certificate of deposit that is issued  
               with the placement service for the local agency's account;

             e)   At the same time the local agency's funds are deposited  
               and the certificates of deposit are issued, the selected  
               depository institution shall receive an amount of deposits  
               from other commercial banks, savings banks, savings and  
               loan associations, or credit unions that, in total, are  
               equal to, or greater than, the full amount of the principal  
               that the local agency initially deposited through the  
               selected depository institution for investment;

             f)   A local agency may not invest surplus funds with a  
               selected depository institution for placement as  
               certificates of deposit pursuant to this section on or  
               after January 1, 2012. A local agency's surplus funds,  
               invested pursuant to this section before January 1, 2012,  
               may remain invested in certificates of deposit issued  
               through a private sector entity for the full term of each  
               certificate of deposit;

             g)   Notwithstanding subdivisions (a) to (f), inclusive, no  
               credit union may act as a selected depository institution  
               under this section or Section 53635.8 unless both of the  
               following conditions are satisfied;

             h)   The credit union offers federal depository insurance  
               through the National Credit Union Administration; and,

             i)   The credit union is in possession of written guidance or  
               other written communication from the National Credit Union  







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               Administration authorizing participation of  
               federally-insured credit unions in one or more certificate  
               of deposit placement services and affirming that the moneys  
               held by those credit unions while participating in a  
               deposit placement service will at all times be insured by  
               the federal government.  (Section 53601).

           FISCAL EFFECT  :  Unknown

           




          COMMENTS  :   

          Current law provides that the State Treasurer or a local agency  
          may invest surplus funds into multiple types of investments and  
          products.  Among the many choices available for investment are  
          CDs issued by financial institutions.  State law outlines the  
          parameters and guidelines for investments in these instruments.   
          All financial institutions are eligible so long as they meet  
          safety and soundness requirements and meet the necessary  
          collateral provisions. This bill is intended to provide  
          confidence in California community banks by requiring that, when  
          all other factors are equal, California community banks are  
          first priority for the investment of state and local surplus  
          funds.  Currently, a bank that is not organized in the state may  
          receive investments under the provisions of current law.  While  
          overall rates of return may make it a prudent financial decision  
          to invest in non-California banks, the first priority of state  
          moneys should be to achieve the highest rate of return with  
          California institutions.   It is the author's intent to bring  
          together all stakeholders to design this legislation so that  
          confidence is restored to the banking sector in California and  
          that customers will see the State of California leading by  
          example, in expressing confidence in community commercial banks.  
           It is clear that many community banks have maintained sound  
          loan underwriting practices, as well as, community investment,  
          but have been hit with challenges and difficulties that face the  
          financial markets as a whole, but have had little to do with the  
          cause of the market chaos.  The same may also be said of  
          California credit unions.

          An article appearing in The Washington Monthly  , Too Small to  
          Fail (December 2008) detailed the stability and soundness of the  







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          community bank model.  The findings concluded that small banks  
          are holding steady through much of the current economic crisis.   
          For example, the failure rate among big banks (those with $1  
          billion or more) is seven times greater than among smaller  
          banks.  The article goes on to say, "One reason community banks  
          are doing so well right now is simply that they never became too  
          clever for their own good."  Additionally, because most  
          community banks did not sell off large portions of their lending  
          portfolios to investors, and in such, retained the risk, they  
          were more likely to have made the determination that customers  
          could actually repay the loans that had been given to them.   
          Finally, "When savers, borrowers, and lenders all live in the  
          same community, lenders don't write loans that amount to  
          financial crack.  They know their business depends on their good  
          reputation."

           Proposed Amendments:

           As credit unions are also eligible under current law for the  
          investment of state and local surplus funds, the author believes  
          it is appropriate to add an authorization that credit unions  
          many also be included in this new program.  In order to  
          accomplish this, the committee recommends the following  
          amendment:

          1)Language should be added to the bill to expand priority beyond  
            community banks, to also include credit unions.

          In addition to the aforementioned amendment proposal, the bill  
          requires a technical amendment to clarify its application to  
          investments in CDs at financial institutions.  In order to  
          clarify the intent of the bill the following amendments is  
          necessary:

          2)Page 2, line 5 after "moneys" insert "under section 164309(h)



           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Independent Bankers

           Opposition 
           







                                                                  AB 1156
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          None on file.
           
          Analysis Prepared by  :    Mark Farouk / B. & F. / (916) 319-3081