BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2457
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          Date of Hearing:   April 19, 2010

                      ASSEMBLY COMMITTEE ON BANKING AND FINANCE
                                   Mike Eng, Chair
                 AB 2457 (Salas) - As Introduced:  February 19, 2010
           
          SUBJECT  :   California Financial Literacy Fund. 

           SUMMARY  :   Establishes the California Financial Literacy Fund in  
          the State Treasury.  Specifically,  this bill  :  

          1)Requires the California Financial Literacy Fund to be  
            administered by the State Controller.

          2)Authorizes the State Controller to deposit private donations  
            into the California Financial Literacy Fund from entities with  
            no direct financial interest in any financial products. 

          3)Requires private donations to be made available upon  
            appropriation in the annual Budget Act.  

          4)Requires the State Controller, beginning in 2012 to provide an  
            annual report to the chairpersons of the Assembly Committee on  
            Banking and Finance and the Senate Committee on Banking,  
            Finance and Insurance on the use of the funds, when  
            appropriated.  This report shall be submitted no later than  
            August 30 each year.  

          5)Enables partnerships with the financial services community and  
            governmental and nongovernmental stakeholders to improve  
            Californian's financial literacy. 

          6)Makes findings and declarations regarding financial literacy.

           EXISTING LAW  does not have an official statewide policy or  
          educational plan for the teaching of financial literacy.   
                         
           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

          Currently, California does not have a one-stop shop system for  
          collecting and administering financial literacy funds and  
          implementing programs.  A number of financial institutions and  
          non-profit organizations conduct their own events and workshops  








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          to promote financial literacy.  AB 2457 would provide an outlet  
          for the Controller to deposit private donations into the  
          financial literacy fund from entities with no direct financial  
          interest in any financial products.  Through the financial  
          literacy fund, the Controller would have the ability to promote  
          financial literacy events, create and distribute financial  
          literacy documents and make the public aware of more serious  
          issues related to scams.  The bill contains a reporting  
          requirement allowing the Legislature to receive necessary  
          information into how the funds are used and appropriated on a  
          yearly basis.

          More efforts aimed at promoting financial literacy can produce  
          long-term, beneficial effects, onto California citizens.   
          Promoting financial literacy allows consumers to make smarter  
          financial decisions that reduce personal financial collapse and  
          ease the corresponding burden on the state.  The economic crisis  
          demonstrates there is a vast need for people to become more  
          financially literate.  California does not require financial  
          education which makes constituents more susceptible to scams and  
          other forms of financial abuse.  If California did have more  
          education requirements in place, the overall impact of the  
          foreclosure crisis may have been less.  Although this bill does  
          not place education requirements in schools, it does take a step  
          in the right direction by establishing a fund in the State  
          Treasury for the purpose of financial literacy. 

          The Jumpstart Coalition for Personal Financial Literacy  
          conducted a survey of college students in 2007 that found more  
          than 75 percent of the respondents wish they had more help  
          preparing for their financial future.  Despite surveys and  
          reports documenting Americans' poor knowledge of personal  
          finance basics, financial education is currently only required  
          learning in twenty states.  California is not one of these  
          states.   

          According to the author, "Financial illiteracy and the  
          consequences of uninformed financial decisions are a growing  
          problem in California.  A 2008 financial literacy survey  
          revealed that only 59 percent of young adults, ages 18-29, pay  
          their bills on time every month.  Providing Californians more  
          financial literacy tools is an important part of the solution.   
          The creation of a financial literacy fund would provide a  
          central funding source for organizations who with to partner  
          with California on financial literacy efforts.  In the long run,  








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          educating Californians would result in benefits to the economy  
          by helping to prevent bankruptcies, foreclosures, and job loss."

          According to the sponsor, the California State Controller, "This  
          bill would express the state's financial interest in reducing  
          unmanageable credit card debt, bankruptcy, and predatory lending  
          misfortunes like those that contributed to the current economic  
          meltdown.  Importantly, this bill will ensure that the  
          Legislature is notified of all sources and uses of the donated  
          funds, allowing you and the other members to make more timely  
          and informed decisions on financial literacy issues."  

          FINANCIAL LITERACY STATISTICS:
          The 2008 Financial Literacy Survey of adults, conducted on  
          behalf of the National Foundation for Credit Counseling, Inc.  
          and MSN Money, revealed that:


                  One in every 10 Americans with a mortgage reports being  
               late or missing a mortgage payment in the last year.



                  7% of adults are either getting calls from collectors  
               or seriously considering filing for bankruptcy.



                  Only 59% of the young adults in Generation Y  
               (ages18-29) pay their bills on time every month.



                  More than one-third of adults say they do not have any  
               non-retirement savings. And though a majority is currently  
               saving for their retirement, more than one-quarter are not.



                  Almost half of those who closely monitor their finances  
               are more likely to say that they learned about personal  
               finance from their parents or at home, underscoring the  
               potential positive influence parents can have on their  
               children financially.









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                  Only one-quarter expect their income to outpace  
               inflation. And more than half of all Americans believe  
               their income will shrink, not keep pace with inflation, or  
               stay even.



          According to a 2008 study of college students sponsored by the  
          National Association of Retail Collection Attorneys:



            31% of students polled do not worry about debt, believing  
            that they can pay it back once they are out of school and  
            earning a regular paycheck.



            More than 25% think it is reasonable to run up a debt to  
            splurge on a special celebration with friends at a restaurant  
            or to use a credit card as a way to "raise cash."



            An average of 23% chooses to ignore overdraft penalties and  
            the prospect of months or years of paying off a debt incurred  
            for a moment of fun.



            Less than half (46%) always keep records of their spending  
            and receipts.



            92% agree that bad debt - defined as failure to pay bills  
            that extends so long that a debt collector has to contact the  
            consumer - will have a significant impact on a person's  
            ability to get credit in the future.



            42% of those who already have been contacted by a debt  








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            collector would develop a payment plan to repay the debt over  
            time.


          A 2008 study by the Boys & Girls Clubs of America and the  
          Charles Schwab Foundation of teens participating in the  
          financial education program Money Matters revealed that: 

           Teens who reported learning a great deal about goal-setting  
            were significantly more likely to also report that they had  
            saved money for something they wanted and then purchased it  
            (79%), compared to those who reported they learned little or  
            nothing about goal-setting (58%).

           Teens who reported learning about managing savings and  
            checking accounts were more likely to report having opened  
            both types of accounts (57% vs. 44% opened a savings account;  
            36% vs. 28% opened checking accounts).

           Those who reported learning about saving money were more  
            likely to save regularly (72% vs. 57%). 

           Teens who learned to track spending were more likely to report  
            having developed a budget (50%) vs. those who learned little  
            or nothing (29%) and also more likely to save money to  
            purchase something (80% vs. 60%). 

           Youth who reported learning to create and maintain a budget  
            were more likely to report actually developing one (50% vs.  
            30%). 

          A 2008 Pew Research Center survey of adults revealed that:


            Three out of every four Americans say they aren't saving  
            enough. 

            Americans now save, on average, less than 1% of their  
            incomes, and the savings rate has been in almost continuous  
            decline for more than two decades.



            Fully six-in-ten adults (61%) with family incomes of $150,000  
            or more say they aren't saving enough money for the future.  








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            Among those earning between $100,000 and $150,000 a year, the  
            proportion soars to 79% and stays roughly at that level among  
            income groups farther down the scale. 



            Three-in-ten (31%) college graduates say they save enough,  
            compared with 19% of those with just a high school degree. 



          At the end of January, 2010, Americans were $2564 billion in  
          debt, excluding home mortgages.


          According to CardWeb.com, the average credit card debt per  
          borrower (not per household) is $5,710 at the end of October,  
          2009, about 6% higher than one-year ago.

          OTHER STATES:  In Vermont, during the 2008 Legislative session,  
          legislators authorized the establishment of a trust fund to  
          finance financial literacy in Vermont. According to the  
          legislation, "The purpose of the fund is to promote the adoption  
          of fiscally sound money management practices by Vermonters  
          through education and outreach efforts that raise awareness of  
          the need for and benefits of practicing such skills; and to  
          create opportunites to build and encourage the development of  
          new financial literacy activities and educational products for  
          Vermont citizens." The Treasurer's Office is authorized to  
          accept funding from a variety of sources to support these  
          activities.

          In 2008, Ohio established the financial literacy education fund  
          in the state treasury, administered by the director of commerce.  
           (The Ohio Department of Commerce is one of the state's chief  
          regulatory agencies.)  The fund is used to support various adult  
          financial literacy education programs developed or implemented  
          by the director of commerce.  The director of commerce requires  
          that at least one-half of the financial literacy education  
          programs developed or implemented, and offered to the public, be  
          presented by or available at public community colleges or state  
          institutions throughout the state. The director of commerce  
          shall deliver to the president of the senate, the speaker of the  
          house of representatives, the minority leader of the senate, the  
          minority leader of the house of representatives, and the  








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          governor an annual report that includes an outline of each adult  
          financial literacy education program developed or implemented,  
          the number of individuals who were educated by each program, and  
          an accounting for all funds distributed.

          According to the Jumpstart Coalition, Tennessee and Iowa have  
          used their partnerships with state and local business leaders  
          and the financial sector to establish Financial Literacy Funds.   
          These funds are gathered as partners are asked to donate when  
          participating in discussions regarding curriculum, teacher  
          trainings, and classroom tools.  The Funds are then used to  
          ensure teacher training and materials are available to educators  
          delivering financial education.

          FEDERAL ACTION:  Recently, President Barack Obama named April,  
          National Financial Literacy Month.  The President said in a  
          proclamation that a better understanding of the financial system  
          can help prevent another economic crisis. He called on Americans  
          during April to recommit "to teaching ourselves and our children  
          about the basics of financial education."  The president is  
          currently looking into creating a new Consumer Financial  
          Protection Agency, which has been stated, would give Americans  
          "clear and concise financial information." 

          The Federal Government established The Financial Literacy and  
          Education Commission under Title V, the Financial Literacy and  
          Education Improvement Act which was part of the Fair and  
          Accurate Credit Transactions (FACT) Act of 2003, to improve  
          financial literacy and education of persons in the United  
          States. The FACT Act named the Secretary of the Treasury as head  
          of the Commission and mandated the Commission include 19 other  
          federal agencies and bureaus. The Commission coordinates the  
          financial education efforts throughout the federal government,  
          supports the promotion of financial literacy by the private  
          sector while also encouraging the synchronization of efforts  
          between the public and private sectors.
           
          PREVIOUS LEGISLATION  :
           
          AB 550 (Lieu) 2009 Legislative session.  Would have established  
          the California Financial Literacy Fund in the State Treasury and  
          enable the California State Controller to administer the Fund.   
          Held in the Assembly Appropriations Committee.  Appropriations  
          determined, "Unknown costs, presumably in excess of 150,000, to  
          the controller to administer the new initiative and prepare  








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          annual reports."

          ACR 113 ((Niello & Lieu) Res. Chapter 32, Statutes of 2008)  
          declares the month of April, 2008, as Financial Literacy Month,  
          in order to raise public awareness about the need for increased  
          financial literacy.

          AB 2123 (Lieu), 2008 Legislative Session.  Would have  
          established the California Financial Literacy Initiative for the  
          purpose of improving financial literacy by offering  
          instructional materials to citizens of California. Vetoed by  
          Governor Schwarzenegger.  

          AB 150 (Lieu), 2007 Legislative Session:  Would have required  
          the Superintendent of Public Instruction to administer a  
          California Financial Literacy Initiative (CFLI) as a program for  
          improving pupil financial literacy.  Vetoed by Governor  
          Schwarzenegger.

          AB 1950 (Lieu), 2006 Legislative Session:  Substantially similar  
          to AB 2435.  Vetoed by Governor Schwarzenegger.

          AB 2435 (Wiggins), 2004 Legislative Session:  Would have  
          permitted school districts to provide  instruction in economics  
          courses related to the understanding of personal finances  
          including budgeting, savings and credit.  Vetoed by Governor  
          Schwarzenegger.

          The Assembly Banking and Finance Committee conducted an  
          informational hearing on Financial Literacy on February 20,  
          2007.  The Committee found through this hearing that numerous  
          programs exist in California from the financial community and  
          from non-profit organizations but no central authority  
          determines what materials or programs are best suited for  
          Californians.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          American Federation of State, County and Municipal Employees  
          (AFSCME) , AFL-CIO
          California State Controller John Chiang
          California State Treasurer Bill Lockyer
          The California Chamber of Commerce 








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           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Kathleen O'Malley / B. & F. / (916)  
          319-3081