BILL ANALYSIS                                                                                                                                                                                                    






                        SENATE COMMITTEE ON BANKING, FINANCE,
                                    AND INSURANCE
                           Senator Ronald Calderon, Chair


          AB 2457 (Salas)                         Hearing Date:  June 30,  
          2010  

          As Amended:    May 28, 2010
          Fiscal:             Yes
          Urgency:       No

          VOTES:              Asm. Floor(06/02/10)71-0/Pass
                         Asm. Appr.          (05/28/10)12-05/Pass
                         Asm. B.&F.          (04/19/10)11-0/Pass


           SUMMARY    Would establish the California Financial Literacy  
          Fund, administered by the State Controller, as specified.
           
          DIGEST
            
          Existing law  lacks any requirements regarding or the provision  
          of instructional materials on financial matters to Californians.
           
          This bill

           1.  Would establish the California Financial Literacy Fund  
              (CFLF) in the State Treasury, administered by the  
              Controller, to support partnerships with the financial  
              services community and other stakeholders, to improve  
              Californians' financial literacy;

           2.  Would authorize the Controller to accept private donations  
              from entities with no direct financial interest in any  
              financial products, for deposit into the CFLF, and would  
              make those funds available, subject to appropriation in the  
              annual Budget Act;

           3.  Would, beginning in 2012, require the Controller to submit  
              a brief annual summary regarding the use of the funds in the  
              CFLF to the chairpersons of the Assembly Committee on  
              Banking & Finance and the Senate Committee on Banking,  
              Finance & Insurance, by August 30th of each year.

           COMMENTS




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          1.  Purpose of the bill   To improve financial literacy among  
              Californians.

           2.  Background   This bill is based on the belief, supported by  
              numerous statistics, that many Californians do not  
              understand basic consumer finance, nor do they understand  
              the impacts of their financial actions.  Many of the  
              mortgage problems currently plaguing California are due to  
              decisions of borrowers to take on mortgages whose terms they  
              did not understand, and whose debt they could not afford.  

          In findings and declarations contained in prior bills of this  
              type, and previously contained in this bill, authors have  
              cited the following statistics:  California high school  
              seniors taking part in a national survey of financial  
              knowledge scored an average of 44%, four percentage points  
              lower than the national average.  There were 176 million  
              credit card holders in the United States during 2008,  
              holding approximately 1.5 billion credit cards, an average  
              of nearly nine cards per holder.  The average American  
              household consumer credit card debt among low- and  
              moderate-income households is $8,650.  More than 40% of  
              American families spend more than they earn.  Fifty-five  
              percent of American workers do not know how much money they  
              will need in retirement.  Less than 20% of United States  
              workers are not in employer pension plans, and nearly 28  
              million U.S. households, 37% of the total, do not have a  
              retirement savings account of any kind.  

          If enacted, this bill would add the state and our State  
              Controller to a much larger effort that is already ongoing,  
              and is aimed at providing financial education to those who  
              can benefit from it.  For example:

          In January 2008, the Governor announced the formation of the  
              Bank on California program, run through his Office of  
              Planning and Research.  That effort, which involves a  
              partnership with certain financial institutions and cities,  
              encourages the unbanked to open starter accounts at local  
              banks and credit unions, and includes a financial education  
              component to help Californians build their money management  
              skills.

          The California State Library, and public libraries throughout  
              the state, work regularly with financial advisors and banks  




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              to help provide financial literacy resources to patrons.   
              Wells Fargo has an ongoing relationship with the Contra  
              Costa County public library system, and San Francisco Public  
              Library has developed a program called, "Project Money,"  
              which focuses on the four subject areas most requested by  
              patrons:  savings, banking, credit, and taxes.  

          The California Society of Certified Public Accountants (CalCPA)  
              states that increasing financial literacy is CalCPA's number  
              one community outreach program.  Hundreds of CPA volunteers  
              have been providing free financial education "Dollars and  
              Sense" seminars in communities and schools throughout the  
              state.  

          Citigroup has funded over 200 non-profit organizations annually  
              in California, as part of its ten-year, $200 million  
              commitment to fund financial education programs.  

          The California Bankers Association has created a Financial  
              Empowerment Program to provide financial education tools for  
              adults, with an emphasis on basic personal finances and  
              household money management skills. 

          Operation HOPE, whose national partners for economic literacy  
              include the Federal Deposit Insurance Corporation, Federal  
              Reserve System, America's Community Bankers, E*TRADE  
              FINANCIAL, the William Jefferson Clinton Foundation in  
              Harlem, New York, the Bush-Clinton Katrina Fund, the New  
              York Bankers Association, and others, runs a Banking on Our  
              Future program, which it calls the leading urban delivery  
              system for financial literacy education across America.   
              Banking on Our Future, which is supported by more than 6,000  
              professional HOPE Corps volunteers from private and public  
              sector companies,  is operational in more than 700 schools  
              and community-based organizations across the U.S., and has  
              educated more than 280,000 low-wealth youth about financial  
              literacy.   

           3.  Support   AB 2457 is co-sponsored by the New American  
              Foundation and State Controller John Chiang.  The New  
              America Foundation asserts that the bill creates a pragmatic  
              public-private partnership that allows the state to use  
              private donations to promote consumer financial education.   
              "We believe that in the long run, providing Californians  
              with access to the tools and knowledge necessary to make  
              responsible financial decisions will benefit the State and  




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              its economy by helping prevent potential bankruptcies and  
              foreclosures?AB 2457 would provide an important part of the  
              solution, at a time of perpetual State budget shortfalls?AB  
              2457 represents a much-needed commitment by the State to  
              address the root causes of financial struggles resulting  
              from the lack of consumer financial education, and codifies  
              the State's financial interest in reducing consumer debt."

          Controller Chiang writes that, "at no cost to the state, this  
              proposal would establish a financial literacy fund and  
              enable strategic partnerships with the private and nonprofit  
              sectors that already are working on financial education.   
              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 downturn.  Importantly, this bill will  
              ensure that the Legislature is notified of all sources and  
              uses of the donated funds, allowing [it] to make more timely  
              and informed decisions on financial literacy issues.  As the  
              state's Chief Fiscal Officer, I firmly believe that this  
              legislation constitutes a prudent investment by the state in  
              its citizens' long-term financial viability."

          Several other organizations (listed below under "support") sent  
              very similar letters, asserting that the current economic  
              downturn, along with the rise in unemployment and  
              foreclosure rates in California, underscores the importance  
              of a solid grounding in personal finance.  These  
              organizations believe that AB 2457 represents a much-needed  
              commitment by the state to address the root causes of  
              financial struggles resulting from the lack of consumer  
              financial education.

           4.  Opposition    None received.
           
          5.  Vetoes of Related Legislation:   As summarized below,  
              Governor Schwarzenegger has vetoed several prior attempts to  
              establish financial literacy funds, such as the one  
              envisioned by this bill.  His veto message of AB 2123 from  
              last year (a bill very similar to AB 2457) read as follows:

          "While financial literacy is not a cure-all for personal  
              economic troubles, expanding educational outreach efforts to  
              improve financial literacy can be helpful for consumers who  
              could be better equipped to make positive financial choices.  
               However, this bill merely duplicates existing services and  




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              resources.  Many financial institutions and service  
              providers already provide an abundance of information on  
              financial literacy, much of which is available online and  
              otherwise.  Furthermore, it would better for the objective  
              of this bill to be achieved administratively.  I prefer to  
              have the appropriate state agencies work collaboratively  
              together and with private sector entities to meet the  
              objective, within their existing resources."
           
          6.  Prior Legislation   

                  a.        AB 2123 (Lieu), 2008 Legislative Session:   
                    Substantially similar to, but more expansive than,  
                    this bill.  Would have additionally required the  
                    Controller to convene a Financial Literacy Advisory  
                    Committee and establish and oversee a California  
                    Financial Services Corps, as specified.  Vetoed by  
                    Governor Schwarzenegger;  

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

                  c.        AB 1950 (Lieu), 2006 Legislative Session:   
                    Substantially similar to AB 2435 from the 2004  
                    Legislative Session.  Vetoed by Governor  
                    Schwarzenegger;

                  d.        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.  
                   
          POSITIONS
          
          Support
           
          New America Foundation (co-sponsor)
          State Controller John Chiang (co-sponsor)
          AARP
          American Federation of State, County, and Municipal Employees




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          Burbank Housing Development Corporation
          California Bankers Association
          California Chamber of Commerce
          California Library Association
          Catholic Charities of the East Bay
          Consumer Federation of California
          Cope Family Center
          Corporate Governance
          Diamond Community Investors
          Nehemiah Community Foundation
          Opportunity Fund
          San Diego City-County Reinvestment Task Force
          Treasure Island Homeless Development Initiative
          Treasurer Bill Lockyer
          United Way of the Bay Area
           
          Oppose
               
          None on file

          Consultant:  Eileen Newhall  (916) 651-4102