BILL ANALYSIS                                                                                                                                                                                                    �






                  SENATE BANKING & FINANCIAL INSTITUTIONS COMMITTEE
                             Senator Noreen Evans, Chair
                              2013-2014 Regular Session

          AB 1927 (Frazier)                       Hearing Date:  June 25,  
          2014  

          As Amended: June 19, 2014
          Fiscal:             Yes
          Urgency:       No
          

           SUMMARY    Would require the Board of Governors of the California  
          Community Colleges (CCCs) and the Trustees of the California  
          State University (CSU) and request the Regents of the University  
          of California (UC) and the governing bodies of accredited  
          private postsecondary educational institutions to adopt policies  
          to be used for negotiating contracts between their postsecondary  
          education institutions and banks and other financial  
          institutions to disburse students' financial aid awards and  
          other refunds onto debit, prepaid, or preloaded cards that best  
          serve the needs of students, as specified.    
          
           DESCRIPTION
           
            1.  Would require the CCCs and CSU and request UC and the  
              governing bodies of accredited private postsecondary  
              educational institutions to adopt policies to be used for  
              negotiating contracts between their postsecondary education  
              institutions and banks and other financial institutions to  
              disburse students' financial aid awards and other refunds  
              onto debit, prepaid, or preloaded cards that best serve the  
              needs of students.

           2.  Would require the policies developed by these institutions  
              to ensure that the debit/prepaid/preloaded card contracts do  
              all of the following:  

               a.     Be consistent with federal law, including provisions  
                 of federal law that require contracts to do all of the  
                 following:

                     i.          Ensure that the student does not incur  
                      any cost to open the account or initially receive  
                      the card (Section 668.164(c)(3)(iv) of the Code of  
                      Federal Regulations, as that section read on July 1,  




                                              AB 1927 (Frazier), Page 2




                      2011).

                     ii.         Ensure that the student has convenient  
                      access to a branch office of the bank or an  
                      automated teller machine (ATM) of the bank in which  
                      the account was opened or of another bank, so that  
                      the student does not incur any cost to make  
                      withdrawals from that office or those ATMs.  Further  
                      ensure that the branch office or ATMs be located on  
                      the postsecondary educational institution's campus,  
                      in an institutionally owned or operated facility, or  
                      immediately adjacent to and accessible from the  
                      campus (Section 668.164(c)(3)(v) of the Code of  
                      Federal Regulations, as that section read on July 1,  
                      2011).  

                     iii.        Ensure that the debit card, prepaid card,  
                      or preloaded card can be widely used (Section  
                      668.164(c)(3)(vi) of the Code of Federal  
                      Regulations, as that section read on July 1, 2011).

                     iv.         Forbid the marketing or portrayal of the  
                      account or debit card, prepaid card, or preloaded  
                      card as a credit card or credit instrument, and the  
                      subsequent conversion of the account or debit card,  
                      prepaid card, or preloaded card to a credit card of  
                      credit instrument (Section 668.164(c)(3)(vii) of the  
                      Code of Federal Regulations, as that section read on  
                      July 1, 2011).

               b.     Prohibit revenue sharing between a postsecondary  
                 educational institution and banks or other financial  
                 institutions.

               c.     Prohibit the sale or sharing of personal information  
                 that the student or the postsecondary educational  
                 institution provides the bank or other financial  
                 institution, except as necessary for the purpose of  
                 providing services related to the opening or maintenance  
                 of a debit/prepaid/preloaded card account.  Ensure that  
                 the personal information disclosed by the postsecondary  
                 educational institution or solicited by the bank or other  
                 financial institution, and the treatment of that  
                 information, is consistent with the federal Family  
                 Educational Rights and Privacy Act of 2001 (20 USC  
                 1232g).




                                              AB 1927 (Frazier), Page 3





               d.     Prohibit the bank or other financial institution  
                 from imposing a point-of-sale (POS) transaction fee on a  
                 student for the use of the debit/prepaid/preloaded card.

               e.     Provide a clear and conspicuous disclosure to  
                 students of all fees associated with the  
                 debit/prepaid/preloaded card.

               f.     If the debit/prepaid/preloaded card is cobranded,  
                 provide a clear and conspicuous disclosure to students  
                 that the card is not endorsed by the postsecondary  
                 education institution.

               g.     Require the postsecondary educational institution to  
                 disclose to students the benefits and student  
                 responsibilities of all financial aid disbursement  
                 options offered by the postsecondary education  
                 institution.

           3.  Would clarify that the policies which are the subject of  
              the bill shall only apply to negotiating contracts between a  
              bank or other financial institution and a postsecondary  
              educational institution for purposes of disbursing a  
              student's financial aid award and other refunds onto a  
              debit, prepaid, or preloaded card. 

           4.  Would define a bank or other financial institution for  
              purposes of the bill as a depository institution or an  
              entity that partners with one or more depository  
              institutions.



















                                              AB 1927 (Frazier), Page 4




           EXISTING FEDERAL REGULATION 

           5.  Implements Title IV of the federal Higher Education Act of  
              1965, as amended.  Relevant regulations implementing Title  
              IV are contained in 34 Code of Federal Regulations (CFR)  
              Section 668.  Two sections of 34 CFR Section 668, which are  
              particularly relevant to this bill, are summarized  
              immediately below.  These regulations are enforced by the  
              Office of Federal Student Aid within the United States  
              Department of Education.  

           6.  Provides that schools may contract with servicers to  
              administer any aspect of the school's participation in Title  
              IV (i.e., federal financial aid) programs.  Requires  
              servicers that enter into written contracts with educational  
              institutions to administer any aspect of the school's  
              participation in any Title IV program to comply with all  
              statutory provisions of or applicable to Title IV and all  
              regulatory provisions prescribed under that statutory  
              authority (34 CFR Section 668.25) 

           7.  Provides that an educational institution may establish a  
              policy requiring its students to provide bank account  
              information or open an account at a bank of their choosing,  
              as long as this policy does not delay the disbursement of  
              specified federal loan funds to students (30 CFR Section  
              668.164).  Pursuant to 30 CFR Section 668.164, institutions  
              that open bank accounts on students' or parents' behalfs,  
              establish a process that students or parents follow to open  
              a bank account, or assist students or parents in opening  
              accounts, are required to do all of the following:

               a.     Obtain written consent from the student or parent to  
                 open the account.

               b.     Inform the student or parent of the terms and  
                 conditions associated with accepting and using the  
                 account, before opening it.  

               c.     Refrain from making any claims against the funds in  
                 the account without the written permission of the student  
                 or parent, except to correct an error in transferring the  
                 funds.

               d.     Ensure that the student or parent does not incur any  
                 cost to open the account or initially receive any type of  




                                              AB 1927 (Frazier), Page 5




                 debit card, stored-value card, other type of ATM card, or  
                 similar transaction device used to access the funds in  
                 that account.  

               e.     Ensure that the student has convenient access to a  
                 branch office of the bank or an ATM of the bank in which  
                 the account was opened (or an ATM of another bank), so  
                 that the student does not incur any cost to make cash  
                 withdrawals from that office or those ATMs.  This branch  
                 office or these ATMs must be located on the institution's  
                 campus, in institutionally-owned or operated facilities,  
                 or on public property immediately adjacent to and  
                 accessible from the campus.

               f.     Ensure that the debit, stored-value, ATM card, or  
                 other device can be widely used (e.g., the institution  
                 may not limit the use of the card or device to particular  
                 vendors).

               g.     Refrain from marketing or portraying the account,  
                 card, or device as a credit card or credit instrument, or  
                 subsequently converting the account, card, or device to a  
                 credit card or credit instrument.

           EXISTING STATE LAW
           
             1.   Provides for a variety of student financial aid  
               programs, including the Cal Grant programs and the CCC  
               Board of Governors fee waiver program.  
           
           COMMENTS

          1.  Purpose:   This bill is intended to ensure that colleges and  
              universities which outsource their financial aid  
              distribution ensure that the contracts they enter into with  
              financial institutions for this purpose best serve the needs  
              of students.  

           2.  Background:   Colleges and universities nationwide are  
              increasingly contracting with banks and other financial  
              institutions to disburse financial aid, scholarship aid, and  
              campus-based aid and to process credit balance refunds.   
              Contracting out for these services can save some schools  
              significant amounts of money relative to managing these  
              disbursement activities in-house.  Student card contracts  
              negotiated by schools with financial institutions can also  




                                              AB 1927 (Frazier), Page 6




              be part of larger, money-saving contracts that outsource  
              other financial services required by the schools, such as  
              faculty payroll.  

          For their part, financial institutions are often eager to take  
              on colleges and universities as clients, because of the  
              access it gives them to students who are just beginning to  
              enter the financial services marketplace.  Colleges and  
              universities provide a potentially lucrative marketing  
              environment for financial institutions, because  
              relationships made with students when they are in college  
              often lead to financial relationships that survive long past  
              graduation.  

          However, as the use of banks and other financial institutions to  
              disburse financial aid and school refunds has increased, so,  
              too, has concern over the practices used by schools and  
              financial institutions to market these cards to students,  
              and over the extent to which students' financial aid and  
              school refunds are being siphoned away by financial  
              institutions through the imposition of fees on students'  
              card usage.  More recently, privacy concerns have also  
              emerged.  

          This bill attempts to address concerns raised by students,  
              consumer advocates, and regulators, by requiring  
              California's systems of higher education to develop policies  
              that will be used by colleges and universities to negotiate  
              contracts with financial institutions for the disbursement  
              of aid on debit/prepaid/preloaded cards.  Under the  
              provisions of this bill, these policies must ensure that the  
              contracts best serve the needs of students, comply with  
              specified federal regulations governing the disbursement of  
              financial aid, and go beyond these federal regulations with  
              the aim of better protecting students who opt to receive  
              their aid and refunds via a debit, prepaid, or preloaded  
              card.  

           3.  Discussion:   This bill takes a different approach to address  
              the same problem as a bill previously heard and passed by  
              this Committee (SB 845, Correa, currently pending on the  
              Assembly Floor).  A summary of the two different approaches  
              taken by the bills is shown below.

              ------------------------------------------------------------- 
             |                   | AB 1927 (Frazier)  |  SB 845 (Correa)   |




                                              AB 1927 (Frazier), Page 7




             |-------------------+--------------------+--------------------|
             |Entities Subject   |CCCs and CSU are    |CCCs and CSU are    |
             |To The Bill        |required to comply; |required to comply; |
             |                   |UC and accredited   |UC and accredited   |
             |                   |private             |private             |
             |                   |postsecondary       |postsecondary       |
             |                   |educational         |educational         |
             |                   |institutions are    |institutions are    |
             |                   |requested to        |requested to        |
             |                   |comply.             |comply.             |
             |-------------------+--------------------+--------------------|
             |Services Covered   |Disbursement of     |Disbursement of     |
             |                   |student financial   |student financial   |
             |                   |aid and other       |aid, scholarship    |
             |                   |refunds onto        |aid, campus-based   |
             |                   |debit/prepaid/preloa|aid, and school     |
             |                   |ded cards.          |refunds onto        |
             |                   |                    |debit/prepaid/preloa|
             |                   |                    |ded cards.          |
             |-------------------+--------------------+--------------------|
             |What is Required   |Development of      |Development of      |
             |                   |policies, which     |model contracts for |
             |                   |ensure that         |use by campuses     |
             |                   |contracts between   |when negotiating    |
             |                   |campuses and        |binding contracts   |
             |                   |financial           |with financial      |
             |                   |institutions        |institutions.       |
             |                   |contain certain     |                    |
             |                   |provisions.         |                    |
             |-------------------+--------------------+--------------------|
             |Minimum Contract   |Consistency with    |Compliance with     |
             |Requirements       |federal law,        |federal regulations |
             |                   |including           |governing the       |
             |                   |compliance with 30  |disbursement of     |
             |                   |CFR Section         |federal financial   |
             |                   |668.164(c)(3)(iv)   |aid.                |
             |                   |through (vii), as   |                    |
             |                   |those regulations   |                    |
             |                   |read on July 1,     |                    |
             |                   |2011.               |                    |
             |                   |                    |                    |
             |                   |Prohibitions        |                    |
             |                   |against revenue     |                    |
             |                   |sharing, the sale   |                    |
             |                   |or sharing of       |                    |
             |                   |students' personal  |                    |




                                              AB 1927 (Frazier), Page 8




             |                   |information, and    |                    |
             |                   |the imposition of   |                    |
             |                   |POS fees; required  |                    |
             |                   |disclosures         |                    |
             |                   |regarding card      |                    |
             |                   |fees, the meaning   |                    |
             |                   |of cobranding, and  |                    |
             |                   |the benefits and    |                    |
             |                   |student             |                    |
             |                   |responsibilities    |                    |
             |                   |associated with     |                    |
             |                   |other financial aid |                    |
             |                   |disbursement        |                    |
             |                   |options.            |                    |
             |-------------------+--------------------+--------------------|
             |Additional Topics  |None                |Number and          |
             |That Must Be       |                    |proximity to campus |
             |Considered When    |                    |of locations where  |
             |Schools Are        |                    |fee-free            |
             |Developing         |                    |withdrawals can be  |
             |Policies/Model     |                    |made using the      |
             |Contracts          |                    |debit/prepaid/preloa|
             |                   |                    |ded card; types and |
             |                   |                    |sizes of fees a     |
             |                   |                    |student could incur |
             |                   |                    |through use of      |
             |                   |                    |their               |
             |                   |                    |debit/prepaid/preloa|
             |                   |                    |ded card; whether   |
             |                   |                    |provisions of the   |
             |                   |                    |contract ensure     |
             |                   |                    |that the education  |
             |                   |                    |institution is      |
             |                   |                    |provided            |
             |                   |                    |information by the  |
             |                   |                    |card-issuer to      |
             |                   |                    |evaluate the costs  |
             |                   |                    |of card fees to     |
             |                   |                    |students; the       |
             |                   |                    |impact on students, |
             |                   |                    |a campus, and an    |
             |                   |                    |educational system  |
             |                   |                    |of offering a       |
             |                   |                    |co-branded          |
             |                   |                    |debit/prepaid/preloa|
             |                   |                    |ded card; whether   |




                                              AB 1927 (Frazier), Page 9




             |                   |                    |the contract        |
             |                   |                    |ensures that the    |
             |                   |                    |educational         |
             |                   |                    |institution will    |
             |                   |                    |monitor compliance  |
             |                   |                    |by the financial    |
             |                   |                    |institution with    |
             |                   |                    |federal Title IV    |
             |                   |                    |requirements        |
             |                   |                    |governing the       |
             |                   |                    |disbursement of     |
             |                   |                    |financial aid;      |
             |                   |                    |whether the model   |
             |                   |                    |contract ensures a  |
             |                   |                    |process to track    |
             |                   |                    |and resolve student |
             |                   |                    |complaints about    |
             |                   |                    |the card; the       |
             |                   |                    |impact of the       |
             |                   |                    |content of a        |
             |                   |                    |dispute resolution  |
             |                   |                    |clause on students, |
             |                   |                    |their campus, and   |
             |                   |                    |their educational   |
             |                   |                    |system; whether the |
             |                   |                    |contract ensures    |
             |                   |                    |that the            |
             |                   |                    |educational         |
             |                   |                    |institution does    |
             |                   |                    |not disclose, and   |
             |                   |                    |the financial       |
             |                   |                    |institution does    |
             |                   |                    |not request,        |
             |                   |                    |student information |
             |                   |                    |beyond what is      |
             |                   |                    |necessary for the   |
             |                   |                    |financial           |
             |                   |                    |institution to      |
             |                   |                    |perform its         |
             |                   |                    |contracted aid and  |
             |                   |                    |refund disbursement |
             |                   |                    |functions.          |
             |-------------------+--------------------+--------------------|
             |Involvement of     |No                  |Yes                 |
             |Stakeholders       |                    |                    |
             |Required?          |                    |                    |




                                              AB 1927 (Frazier), Page 10




             |-------------------+--------------------+--------------------|
             |Public Comment     |No (though          |Yes                 |
             |Required When      |amendments will be  |                    |
             |Institution is     |offered to require  |                    |
             |Developing Its     |public comment)     |                    |
             |Policies/Model     |                    |                    |
             |Contracts?         |                    |                    |
             |-------------------+--------------------+--------------------|
             |Requirement to     |No (though          |Yes                 |
                                                            |Post               |amendments will be  |                    |
             |Policies/Contracts |offered to require  |                    |
             |Online?            |online posting)     |                    |
              ------------------------------------------------------------- 

          4.  Changing Federal Regulations:    In November 2013, in  
              recognition of increasing concern around the disbursement of  
              federal financial aid onto debit, prepaid, and preloaded  
              cards, the U.S. Department of Education (USDOE) announced  
              its intent to revise its federal financial aid disbursement  
              regulations as part of a negotiated rulemaking.  

          Negotiated rulemakings overseen by USDOE differ from the  
              traditional rulemaking process followed by California state  
              government entities.  Under the rules followed by USDOE,  
              consensus is defined as the lack of dissent by any member of  
              the negotiating committee.  If a negotiated rulemaking  
              results in consensus, USDOE publishes the consensus work  
              product in the Federal Register as part of a Notice of  
              Proposed Rulemaking.  If consensus is not achieved through a  
              negotiated rulemaking process, UDDOE uses a different,  
              longer process to promulgate final rules.  

          First, the Department take a step back and considers whether it  
              should continue to proceed with regulations. If the  
              Department decides to move forward, it may use some portion  
              of the regulatory language developed during the negotiated  
              rulemaking as the basis for its Notice of Proposed  
              Rulemaking, or may develop new regulatory language for all  
              or a portion of its proposed regulations.  

              Despite four lengthy negotiating sessions conducted as part  
              of the USDOE negotiated rulemaking, negotiators failed to  
              reach consensus.  For that reason, the content and timing of  
              future changes to federal Title IV regulations are  
              uncertain.  





                                              AB 1927 (Frazier), Page 11




           5.  What Are The Key Issues?   The federal rulemaking was  
              intended to address key concerns which have been raised  
              about aid and refund disbursement onto debit, prepaid, and  
              preloaded cards. Two recent federal reports highlight those  
              concerns, including a February, 2014 report issued by the US  
              Government Accountability Office (GAO) to the US Senate  
              Committee on Health, Education, Labor, and Pensions titled,  
              "College Debit Cards:  Actions Needed to Address ATM Access,  
              Student Choice, and Transparency," and a March, 2014 letter  
              report issued by the USDOE's Office of the Inspector General  
              (OIG) to the Office of Postsecondary Education and the  
              Office of Federal Student Aid within USDOE, titled,  
              "Third-Party Servicer Use of Debit Cards to Deliver Title IV  
              Funds." 

          The GAO and OIG reports focused on subjects that both this bill  
              and SB 845 attempt to address:  the provision of clear,  
              objective, and neutral information to students about their  
              choices for receiving financial aid; ensuring that fees  
              imposed on students who opt to receive their aid and refunds  
              via a debit/prepaid/preloaded card are reasonable;  
              protection of the personal identification information of  
              students who opt to receive their aid and refunds via a  
              debit/prepaid/preloaded card; and improved transparency  
              around the agreements entered into between schools and  
              financial institutions for the disbursement of aid and  
              refunds onto debit/prepaid/preloaded cards

           6.  Summary of Arguments in Support:   

               a.     Consumer advocacy groups, including Consumers Union  
                 and the California Public Interest Research Group  
                 (CALPIRG) support provisions of the bill that prohibit  
                 revenue sharing and POS fees, limit the sharing of  
                 students' private information, and require the provision  
                 of clear disclosures to students regarding the fees,  
                 terms, and conditions associated with debit, prepaid, and  
                 preloaded cards containing financial aid and school  
                 refunds.  Both organizations also like the fact that AB  
                 1927 goes beyond existing federal regulations in certain  
                 areas.  "AB 1927 would ensure that California colleges  
                 and universities enter into contracts that are better for  
                 students, not just their bottom lines."  

               b.     Organizations representing students, including the  
                 California State Student Association, Student Senate for  




                                              AB 1927 (Frazier), Page 12




                 California Community Colleges, and University of  
                 California Student Association, as well as the Faculty  
                 Association of California Community Colleges, support the  
                 bill because of its focus on students' financial  
                 interests.  

           7.  Summary of Arguments in Opposition:    

               a.     The California Bankers Association (CBA) is opposed  
                 to AB 1927 on three grounds.  First, CBA is concerned  
                 that the bill may conflict with federal regulations, once  
                 those regulations are updated by the USDOE.  CBA is also  
                 concerned that the bill will impose contract conditions,  
                 such as the ban on POS fees, which cannot be enforced for  
                 national banks.  The National Bank Act gives  
                 federally-chartered banks the ability to price their  
                 services, something with which this bill would interfere  
                 through its prohibition against POS fees.  

               Finally, the bill inadvertently discourages student choice  
                 by applying the bill to banks and financial institutions  
                 that are not parties to financial aid disbursement  
                 contracts.  For example, as currently drafted, AB 1927  
                 will apply to a checking account debit card that is  
                 issued to a student who elects to have his or her  
                 financial aid or school refund deposited into a checking  
                 account.  
                
                b.     Similar to CBA, Higher One is concerned that the  
                 bill may conflict with federal regulations, once those  
                 regulations are updated by the USDOE.  Higher One also  
                 dislikes the provision of the bill that would prohibit  
                 card-issuing financial institutions from charging  
                 students a POS transaction fee.  "In evaluating and  
                 negotiating with a disbursement vendor, higher education  
                 institutions and their respective students would be  
                 better served by determining the aggregate cost  
                 associated with products; not the exclusion of a  
                 particular fee."  Higher One prefers the following  
                 language in lieu of the language that currently prohibits  
                 POS transaction fees:  "When considered in combination  
                 with other fees and charges, any fee or charge assessed  
                 for use of the debit card, prepaid card, or preloaded  
                 card is reasonable.  Fees and charges are reasonable if  
                 they are comparable to, or less than, fees and charges  
                 commonly assessed in the financial services industry."




                                              AB 1927 (Frazier), Page 13





               Higher One would also like the author to delete bill  
                 language requiring schools to disclose "the benefits and  
                 student responsibilities for all financial aid  
                 disbursement options offered by the postsecondary  
                 educational institution" (which Higher One believes is  
                 both vague and overly broad) and language requiring  
                 schools to inform students that cobranding does not  
                 represent an endorsement of the card by the school (which  
                 Higher One believes is confusing due to its use of the  
                 word "endorse").  Higher One suggests replacing those  
                 provisions with a requirement that "the options for  
                 receiving financial aid disbursements must be described  
                 and presented in a clear, fact-based, neutral manner."  
                
          8.  Amendments:   The author has agreed to take several  
              clarifying amendments, which are shown below in mock-up  
              form.  Representatives of the opposition were still  
              reviewing the amendments at the time this analysis was  
              finalized.
           
               SECTION 1.  Section 69505.7 is added to the Education Code,  
              to read:
              69505.7.  (a)  The Board of Governors of the California  
              Community Colleges and the Trustees of the California State   
              University shall, and the Regents of the University of  
              California and the governing bodies of accredited private  
              nonprofit and for-profit postsecondary educational  
              institutions are requested to, adopt policies to be used for  
              negotiating contracts between their postsecondary  
              educational institutions and banks and other financial  
              institutions  for the disbursement of students' financial aid  
              awards and other funds onto debit cards, prepaid cards, or  
              preloaded cards issued by those banks or other financial  
              institutions.    to disburse a student's financial aid award  
              and other refunds onto a debit card, prepaid card, or  
              preloaded card that best serves the needs of the students.   
               These policies shall not be finalized before public comment  
              is sought and considered.
               (b)  The policies adopted pursuant to subdivision (a) shall  
               best serve the needs of students and  ensure that contracts  
              between postsecondary educational institutions and banks or  
              other financial institutions to disburse a student's  
              financial aid award and other refunds onto a debit card,  
              prepaid card, or preloaded card meet both of the following  
              sets of requirements:




                                              AB 1927 (Frazier), Page 14




              (1)   The policies shall ensure that those contracts are  
                consistent with federal law, including, but not limited  
                to, provisions in federal law that require these contracts  
                to do all of the following:
                 (A)      Ensure that the student does not incur any cost   
                   to open  in opening   the account or initially  receive  
                    receiving   the debit card, prepaid card, or preloaded  
                   card, as provided in Section 668.164(c)(3)(iv) of the  
                   Code of Federal Regulations, as that section read on  
                   July 1, 2011.
                 (B)      Ensure that the student has convenient access to  
                   a branch office of the bank or an automated teller  
                   machine of the bank in which the account was opened or  
                   of another bank, so that the student does not incur any  
                   cost  to make  in making   withdrawals from that office or  
                   those automated teller machines, and that the branch  
                   office or automated teller machines be located on the  
                   postsecondary educational institution's campus, in an  
                   institutionally owned or operated facility, or  
                   immediately adjacent to and accessible from the campus,  
                   as provided in Section 668.164(c)(3)(v) of the Code of  
                   Federal Regulations, as that section read on July 1,  
                   2011.
                 (C)      Ensure that the debit card, prepaid card, or  
                   preloaded card can be widely used  (e.g., the  
                   institution may not limit the use of the card to  
                   particular vendors  ), as provided in Section  
                   668.164(c)(3)(vi) of the Code of Federal Regulations,  
                   as that section read on July 1, 2011.
                 (D)      Forbid the marketing or portrayal of the account  
                   or debit card, prepaid card, or preloaded card as a  
                   credit card or credit instrument,  or  and   the subsequent  
                   conversion of the account or debit card, prepaid card,  
                   or preloaded card to a credit card or credit  
                   instrument, as provided in Section 668.164(c)(3)(vii)  
                   of the Code of Federal Regulations, as that section  
                   read on July 1, 2011.
              (1)   In addition to the requirements specified in paragraph  
                (1), the policies shall do at least all of the following:
                  (A) Prohibit revenue sharing between a postsecondary  
                   educational institution and banks or other financial  
                   institutions.  For the purpose of this subparagraph, the  
                   term revenue sharing means an arrangement between a  
                   postsecondary educational institution and bank or  
                   financial institution in which the postsecondary  
                   educational institution recommends, promotes, utilizes,  




                                              AB 1927 (Frazier), Page 15




                   sponsors, or otherwise endorses the bank or financial  
                   institution or the debit card, prepaid card, or  
                   preloaded card issued by the bank or financial  
                   institution, and in exchange, the bank or financial  
                   institution pays a fee or provides other material  
                   benefits, including revenue or profit sharing, to the  
                   postsecondary educational institution or an officer,  
                   employee, or agent of the postsecondary educational  
                   institution.  
                  (B) Prohibit the sale or sharing of personal  
                   information, as defined in paragraph (1) of subdivision  
                   (d) of Section 1798.81.5 of the Civil Code, that the  
                   student or the postsecondary educational institution  
                   provides the bank or other financial institution,  
                   unless it is necessary for the purpose of providing  
                   services related to the opening or maintenance of a  
                   debit card, prepaid card, or preloaded card account.  
                   The personal information disclosed by the postsecondary  
                   educational institution or solicited by the bank or  
                   other financial institution, and the treatment of that  
                   information, shall be consistent with the federal  
                   Family Educational Rights and Privacy Act of 2001 (20  
                   USC Section 1232g).
                 (C) Prohibit the bank or other financial institution from  
                   imposing a point-of-sale transaction fee on a student  
                   for the use of the debit card, prepaid card, or  
                   preloaded card.
                 (D)  Require the card-issuing bank or financial  
                   institution to provide   Provide  a clear and conspicuous  
                   disclosure to students of all fees associated with the  
                   debit card, prepaid card, or preloaded card,  in no less  
                   than 10 point font, before they opt to open an account  
                   or receive a debit card, prepaid, or preloaded card  
                   issued by that bank or financial institution, and  
                   provide a readily accessible link to a printable  
                   version of this fee list from the homepage of its  
                   Internet Web site.
                  (E) If the debit card, prepaid card, or preloaded card is  
                   cobranded,  require the card-issuing bank or financial  
                   institution to  provide a clear and conspicuous  
                   disclosure to students,  in no less than 10 point font,  
                   before they opt to open an account or receive a debit  
                   card, prepaid card, or preloaded card issued by that  
                   bank or financial institution,  that the card is not  
                   endorsed by the postsecondary educational institution.
                 (F) Require the postsecondary educational institution to  




                                              AB 1927 (Frazier), Page 16




                   disclose to students the benefits and student  
                   responsibilities  associated with   for  all financial aid  
                   disbursement options offered by the postsecondary  
                   educational institution.
               (c)  The policies adopted pursuant to subdivision (a) shall  
              only apply to negotiating contracts between a bank or other  
              financial institution and a postsecondary educational  
              institution for purposes of disbursing a student's financial  
              aid award and other refunds onto a debit card, prepaid card,  
              or preloaded card.
              (d)  For purposes of this section, a "bank or other  
              financial institution" includes, but is not limited to, a  
              depository institution or an entity that partners with one  
              or more depository institutions.  
               (c) The Board of Governors of the California Community  
              Colleges and the Trustees of the California State University  
              shall, and the Regents of the University of California and  
              the governing bodies of accredited private nonprofit and  
              for-profit postsecondary educational institutions are  
              requested to, make every policy developed pursuant to  
              subdivisions (a) and (b), and every binding contract  
              negotiated by an educational institution under the  
              jurisdiction of one of these governing bodies with a  
              financial institution for the disbursement of students'  
              financial aid awards and other funds onto debit cards,  
              prepaid cards, or preloaded cards, publicly available on its  
              Internet Web site.
                  
           1.  Prior and Related Legislation:   

               a.     SB 845 (Correa), 2013-14 Legislative Session:  Would  
                 require the CCCs and CSU and request UC and the governing  
                 bodies of accredited private postsecondary educational  
                 institutions to negotiate one or more model contracts for  
                 use by campuses within their respective systems to govern  
                 the disbursement of financial aid, scholarship aid,  
                 campus-based aid, and school refunds onto debit, prepaid,  
                 or preloaded cards issued by financial institutions.   
                 Pending on the Assembly Floor.

               b.     AB 1162 (Frazier), 2013-14 Legislative Session:   
                 Would have required the CCCs and CSU and request UC and  
                 the governing bodies of accredited private postsecondary  
                 educational institutions to adopt policies to be used for  
                 negotiating contracts between their institutions and  
                 banks and other financial institutions to disburse  




                                              AB 1927 (Frazier), Page 17




                 students' aid awards and other refunds onto  
                 debit/prepaid/preloaded cards.  Failed passage in the  
                 Senate Banking and Financial Institutions Committee.  















































                                              AB 1927 (Frazier), Page 18




           LIST OF REGISTERED SUPPORT/OPPOSITION
          
          Support
           
          California Communities United Institute
          California State University Student Association
          CALPIRG
          Consumers Union
          Faculty Association of California Community Colleges
          Student Senate for California Community Colleges
          University of California Student Association
          Veterans Caucus of the California Democratic Party

           Opposition
               
          California Bankers Association
          Higher One

          Consultant: Eileen Newhall  (916) 651-4102