DEPARTMENT OF ADMINISTRATION 14-BANKING AND FINANCIAL DIVISION

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1 Prgram Budget Cmparisn The fllwing table summarizes the ttal executive budget fr the prgram by year, type f expenditure, and surce f funding. Prgram Budget Cmparisn Budget Item Base Fiscal 2012 Apprp. Fiscal 2013 Budget Fiscal 2014 Budget Fiscal 2015 Fiscal Fiscal Change % Change FTE % Persnal Services 2,464,400 2,704,811 2,745,823 2,747,170 5,169,211 5,492, , % Operating Expenses 920, ,479 1,018,344 1,015,659 1,640,435 2,034, , % Ttal Csts $3,385,356 $3,424,290 $3,764,167 $3,762,829 $6,809,646 $7,526,996 $717, % State 3,385,356 3,424,290 3,764,167 3,762,829 6,809,646 7,526, , % Ttal Funds $3,385,356 $3,424,290 $3,764,167 $3,762,829 $6,809,646 $7,526,996 $717, % Prgram Descriptin The Banking and Financial Divisin licenses, supervises, regulates, and examines financial institutins ding business in Mntana. Thse institutins include: Banks and trust cmpanies Credit unins Cnsumer finance cmpanies Sales finance cmpanies Deferred depsit lender Escrw cmpanies The divisin als licenses and examines mrtgage brkers and brker branch ffices, mrtgage lenders and lender branch ffices, mrtgage servicers and mrtgage servicer branch ffices, and mrtgage lan riginatrs. The safety and sundness f Mntana state chartered banks and credit unins, which hld ver $25 billin in assets as f July, 2012, is supervised by the divisin. Supervisin f regulated financial institutins is accmplished primarily thrugh examinatins. Banks are statutrily required t be examined at least nce every 24 mnths. Credit unins are examined at least nce in every 18-mnth intervals. Cnsumer lan, mrtgage brker, deferred depsit lan, title lan cmpanies, escrw cmpanies, and sales finance cmpanies may be examined at any time. The examinatins investigate the methds f peratin and review cmpliance with state and federal financial and banking laws. The supervisin assures the prtectin f bank and credit unin depsitrs and determines whether the institutins are perating in a safe and sund manner. The divisin examines mrtgage brkers and lan riginatrs t assure disclsures are prvided t Mntana brrwers in accrdance with federal and state laws. In additin, the divisin prvides a cnsumer cmplaint prcess t the general public t assist with the reslutin f cmplaints against the financial institutins under its regulatin. The State Banking Bard is administratively attached t the divisin. The bard is respnsible fr making final determinatins f applicatins fr new bank charters and trust cmpanies; hearing appeals f divisin decisins n branch bank, merger, r relcatin applicatins; and als acts in an advisry capacity with respect t the duties and pwers given by statute t the department. Budget Analysis A

2 Prgram Highlights Banking and Financial Divisin Majr Budget Highlights The divisin is slely funded thrugh state special revenues frm fees paid by regulated financial institutins Statewide present law adjustments fr the divisin increase persnal services due t high turnver f bank examiner psitins Majr Issues State special revenue supprting the divisin has a fund balance that is 269% abve a 60-day wrking capital need Persnal services increase between biennia due t high turnver in the divisin during FY In FY 2012, 32.4% f the divisin s 37 psitins were vacant at least 21.7% f the year. Accrding t the divisin, significant recruitment and retentin prblems exist within the divisin due in part t the pay freeze. Other issues related t staff retentin include: Significant travel assciated with examinatins Wrkplace cnditins as bank examiners may generate cncern and anxiety amng the bank emplyees being examined The divisin has several measures in place t address the issue including: Career tracks fr bank examiners Alternate wrk schedules Cmpensatin based n the number f nights an individual is n the rad A review f 20 psitins included in the bradband pay plan shws that as f June 5, 2012, 8 psitins r 40% f the wrkfrce s salaries were belw 80% f the market midpint fr the psitins. Accrding t the divisin, ne f the issues related t these psitins is an inability f state salaries t cmpete with federal gvernment and private sectr salaries. Many f the staff are trained by the state and then transfer t higher paying psitins with the federal gvernment r private sectr. In additin, five f the staff will be eligible fr retirement during the 2015 biennium. Tw f the five are members f the divisin's examinatin staff and three are members f the divisin's senir management team. Successin planning f senir management and examiners is a pririty f the divisin. COMMENT Due t the high number f psitins that were vacant the divisin realized savings f $230,000 in persnal services abve the legislatively budgeted vacancy savings f $112,772. The divisin used the funds t acquire a database that: Cnslidated the divisin's current and anticipated future business prcesses int ne central database Prvided remte access t field staff The database is a cmmercial ff-the-shelf (COTS) system with nging supprt features including data synchrnizatin with the federally mandated Natinal Mrtgage Licensing System. Accrding t the divisin, increased efficiencies will result frm: Imprved data access fr bth ffice and field emplyees Secure transfer f financial infrmatin and dcuments frm regulated entities and the public Online payment prcessing Built-in wrkflws that allw fr crss-training and imprved perfrmance management. Budget Analysis A

3 Funding The fllwing table shws prgram funding, by surce fr the 2015 biennium as recmmended by the Gvernr. Ttal Department Of Administratin Funding by Surce f Authrity 2015 Budget - Banking And Financial Divisin Nn- Budgeted Statutry Ttal % Ttal MCA Statutry Funds HB 2 Prprietary Apprpriatin All Surces All Funds Reference Categry State Ttal $7,526,996 $0 $0 $7,526, % Financial Institutins Div $7,526,996 $0 $0 $7,526, % Ttal All Funds $7,526,996 $0 $0 $7,526, % Percent - Ttal All Surces 100.0% 0.0% 0.0% The divisin is funded slely by state special revenues generated frm assessments, applicatin fees, and examinatin fees paid by the regulated financial institutins. State Revenue Fund Balance 269% Abve 60 Day Wrking Capital Needs ISSUE The fund balance in the state special revenue fund that supprts the peratins f the Banking and Financial Divisins has grwn significantly since FY 2009, frm $0.45 millin at the beginning f FY 2009 t $2.14 millin at the end f FY 2012, r a 375% increase ver the perid. Figure 16 shws the estimated fund balance fr the fund based n static revenues and budgeted expenditures. Figure 16 Department f Administratin Banking and Financial Divisin Financial Institutin FY 2012 FY 2013 FY 2014 FY 2015 Beginning Fund Balance $1,734,159 $2,141,953 $2,141,953 $2,141,953 Revenues 3,934,237 3,934,237 3,934,237 3,934,237 Expenditures Persnal Services 2,463,295 2,704,811 2,745,823 2,747,170 Operating Expenses 1,063, ,479 1,018,344 1,015,659 Ttal Expenditures $3,526,444 $3,424,290 $3,764,167 $3,762,829 Ending Fund Balance $2,141,953 $2,651,900 $2,312,023 $2,313, day wrking capital $587,741 $570,715 $627,361 $627,138 % Abve wrking capital % % % % As shwn, the ending fund balance in FY 2015 will be 269% abve the funding needed t maintain 60 days f perating capital. The figure shws increasing fund balance in spite f increased csts fr persnal services and perating expenditures. The majrity f the revenues cllected by the divisin are fees that are set in rule. Based n the increasing fund balance, fees are nt cmmensurate with the cst f prviding the prgram. In part due t the increased fund balance, in 2012 the department adpted a ne-time 50% reductin in the semiannual assessment fr banks. Budget Analysis A

4 ISSUE CONT. As stated in the ntice, the department is expecting a significant change in the number f statechartered banks in calendar year 2012 and will be reviewing the assessment rates after the impact f the change is knwn. The legislature may wish t discuss with the divisin prpsed permanent changes t the assessments during its budget deliberatins. Tpics wuld include the changes in the number f state-chartered banks, the prpsed change t the fees, revenue impacts f the prpsed changes, the effect n fund balance, and ther assessments and fees the department is cnsidering changing. Legislative Optin Discuss permanent changes in bank assessments and ther fees assessed financial institutins with the divisin in light f the increasing fund balance. Budget Summary by Categry The fllwing summarizes the ttal budget by base, present law adjustments, and new prpsals. Budget Summary by Categry Budget Item General Fund Budget Budget Percent Fiscal 2014 Fiscal 2015 Fiscal f Budget Ttal Funds Budget Budget Percent Fiscal 2014 Fiscal 2015 Fiscal f Budget Base Budget % 3,385,356 3,385,356 6,770, % Statewide PL Adjustments % 280, , , % Other PL Adjustments % 6,431 5,874 12, % New Prpsals % 91,638 91, , % Ttal Budget $0 $0 $0 $3,764,167 $3,762,829 $7,526,996 Present Law Adjustments The Present Law Adjustments table shws the changes t the adjusted base budget prpsed by the executive. Statewide Present Law adjustments are standard categries f adjustments made t all agencies. Decisins n these items were applied glbally t all agencies. The ther numbered adjustments in the table crrespnd t the narrative descriptins. Present Law Adjustments Fiscal Fiscal FTE General Fund State Federal Ttal Funds FTE General Fund State Federal Ttal Funds Persnal Services 395, ,226 Vacancy Savings (114,399) (114,456) Inflatin/Deflatin (1,831) (1,091) Fixed Csts 1,150 (1,708) Ttal Statewide Present Law Adjustments $0 $280,742 $0 $280,742 $0 $279,971 $0 $279,971 DP Allcate Department Indirect/Admin Csts , , , ,874 Ttal Other Present Law Adjustments 0.00 $0 $6,431 $0 $6, $0 $5,874 $0 $5,874 Grand Ttal All Present Law Adjustments 0.00 $0 $287,173 $0 $287, $0 $285,845 $0 $285,845 DP Allcate department indirect/admin csts The executive requests funding fr the department s indirect/administrative csts fr services prvided by prprietary funded centralized service functins f the agency. Budget Analysis A

5 New Prpsals New Prpsals Prgram Fiscal Fiscal General State Federal Ttal General State Federal Ttal FTE Fund Funds FTE Fund Funds DP Licensing and Enfrcement System Maintenance , , , ,000 DP Prfessinal Develpment Center Fee Allcatin (362) 0 (362) (372) 0 (372) Ttal 0.00 $0 $91,638 $0 $91, $0 $91,628 $0 $91,628 DP Licensing and Enfrcement System Maintenance - The Banking and Financial Divisin is requesting $184,000 fr the 2015 biennium fr nging supprt, maintenance, and hsting f the COTS database. The divisin's current fee structure supprts this prject and n fee increases are anticipated. Cst savings wuld be recgnized by imprved efficiency, imprved cmmunicatin with custmers, and increased security f sensitive dcuments. The prject is part f the verall department s IT strategic plan. DP Prfessinal Develpment Center Training Fee - The executive requests an increase fr training services purchased frm the Prfessinal Develpment Center (PDC) f the Department f Administratin. This request reflects the difference between the amunt paid in the base fr PDC services and a fixed cst allcatin based n agency FTE cunts. Starting in the 2015 biennium and beynd, the executive recmmends funding the PDC as a fixed cst item. Fr a further discussin, see the State Human Resurces Divisin in this narrative. Budget Analysis A