BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1156
                                                                  Page  1

          Date of Hearing:   May 13, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                    AB 1156 (Nava) - As Amended:  April 23, 2009 

          Policy Committee:                              Banking and  
          Finance      Vote:                            10-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill provides that community banks and credit unions  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.  The bill also:

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

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

           FISCAL EFFECT

           1)Unknown, as the bill does not contain a precise standard for  
            determining when community banks and credit unions would  
            receive priority over other institutions.

             a)   If the standard were all else being exactly equal in  
               terms of a risk-adjusted rate of return, then the fiscal  
               effect would be minor.  

              b)   However, if the standard were interpreted to be less  
               rigid and the redirection of funds to community banks  
               and/or credit unions results in an even minor reduction in  
               the yield earned on investments in certificates of  
               deposits, the cost to the state, in terms of forgone  
               interest earnings, could run into the millions of dollars  








                                                                  AB 1156
                                                                  Page  2

               annually.  

          COMMENTS  :   

           1)Background.  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.

           2)Rationale  . According to the author, the bill is intended to  
            provide confidence in California community banks and credit  
            unions by requiring that these entities receive first priority  
            for the investment of state and local surplus funds. 

           3)Issues  . The treasurer currently has a program in place for  
            placement of state funds in CDs of community banks. The amount  
            of these investments take into account numerous factors,  
            including soundness of the banks, and the state's needs for  
            liquidity. A key consideration is whether placing such a  
            priority in statute will hamper the treasurer's ability to  
            focus on his main responsibilities related to prudently  
            investing  state funds and managing the state's cash-flow  
            needs during the current difficult financial circumstances.  
           
          Analysis Prepared by  :    Brad Williams / APPR. / (916) 319-2081