Legislature(2011 - 2012)CAPITOL 106

03/19/2012 08:00 AM House EDUCATION


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08:05:14 AM Start
08:05:39 AM Discussion: Proposed State Education Standards with Eed
09:06:42 AM Presentation: Northwest Arctic Borough School District/ University of Alaska-chukchi College/ Star of the Northwest Magnet School Alaska Technical Center
09:28:19 AM HB272
09:56:46 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation: University of Alaska - Chukchi & TELECONFERENCED
Alaska Technical Center
+= SB 137 SUICIDE AWARENESS & PREVENTION TRAINING TELECONFERENCED
<Bill Hearing Canceled>
+= HB 272 STUDENT LOAN INTEREST REDUCTIONS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+ - Discussion of Proposed Language State Education TELECONFERENCED
Standards by Dept. of Education & Early
Development
<Presentation Held Over from 3/16/12>
            HB 272-STUDENT LOAN INTEREST REDUCTIONS                                                                         
9:28:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON announced that  the final order of business                                                               
would  be SPONSOR  SUBSTITUTE FOR  HOUSE  BILL NO.  272, "An  Act                                                               
providing for a reduction in  interest on postsecondary education                                                               
loans for residents."  [Before the  committee was CS 2d SSHB 272,                                                               
Version 27-LS1162\R, Luckhaupt/Mischel, 3/2/12, adopted 3/5/12.]                                                                
                                                                                                                                
9:29:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LES  GARA, Alaska State Legislature,  reminded the                                                               
committee  that  SSHB  272 provides  a  principal  reduction  for                                                               
students who stay  in state or return to  Alaska after completing                                                               
their degree.                                                                                                                   
                                                                                                                                
9:29:49 AM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
9:30:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  reviewed  the materials  that  should  be                                                               
included in the committee packet.                                                                                               
                                                                                                                                
9:32:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA, referring to  a question from Representative                                                               
Cissna, explained  that the statutes  referenced in SSHB  272 are                                                               
regarding  the  rules  for   default,  consolidating  loans,  and                                                               
eligibility.    Those statutes  weren't  changed  but had  to  be                                                               
referenced in the legislation.                                                                                                  
                                                                                                                                
9:33:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARA reminded  the  committee  that the  original                                                               
intention of  the legislation  was to  reduce the  interest rates                                                               
for those  students who, upon  completion of a degree,  stayed in                                                               
Alaska or returned  to Alaska.  To reduce the  cost, the discount                                                               
isn't  given until  the student  completes his/her  degree.   The                                                               
commission  has   the  authority  to  determine   what  a  timely                                                               
completion  of a  degree/certificate is.   It  is much  easier to                                                               
administer  the  program by  reducing  the  principal versus  the                                                               
interest  rate as  it would  save  on staffing.   Therefore,  the                                                               
legislation  currently specifies  that  for  those students  who,                                                               
after completing their  degree, remain in or return  to the state                                                               
would receive  a 3 percent  reduction in the  principal annually.                                                               
The program  has residency requirements  that reflect  those that                                                               
are in  the permanent fund  dividend qualification.   He reported                                                               
that currently roughly  40 percent of the students  who leave the                                                               
state [for education]  do not return.  The  existing student loan                                                               
rates are  between 6.2 percent  and 7  percent for new  loans and                                                               
higher for  older loans.  He  compared student loan rates  to car                                                               
loan rates, which can sometimes be as low as 3 percent.                                                                         
                                                                                                                                
9:37:08 AM                                                                                                                    
                                                                                                                                
DIANE   BARRANS,  Executive   Director,   Alaska  Commission   on                                                               
Postsecondary  Education  (ACPE),  Department  of  Education  and                                                               
Early  Development (EED),  directed attention  to the  memorandum                                                               
dated March  14, 2012, that she  provided to the committee.   The                                                               
memorandum addresses  information requested  by the  committee in                                                               
regard  to  default  rates,  expectation   of  the  effect  of  a                                                               
principal  reduction  program on  the  default  rate, and  timely                                                               
completion of the degree in Alaska.                                                                                             
                                                                                                                                
9:37:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON  noted  that  the out-of-state  default                                                               
rates are much lower than the in-state default rates.                                                                           
                                                                                                                                
MS. BARRANS said  that has historically been the  case.  Although                                                               
ACPE  hasn't performed  a  study regarding  the  reasons for  the                                                               
higher default rate  for in-state students, she  pointed out that                                                               
the  types of  schools students  attend out-of-state  tend to  be                                                               
more  highly  selective.   Therefore,  one  can assume  that  the                                                               
students [attending  out-of-state schools] are more  prepared and                                                               
are succeeding  at a higher  rate, and thus have  the wherewithal                                                               
to earn wages that allow them to repay the loans.                                                                               
                                                                                                                                
9:38:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON,  upon reviewing  the  first  page of  the                                                               
memorandum, surmised  that in-state default rates  in Alaska have                                                               
been  consistently 2  percent higher  than the  default rate  for                                                               
out-of-state  schools.    He  asked  if  [Alaska's]  out-of-state                                                               
default  rate  is  comparable  to other  states  and  other  loan                                                               
programs.                                                                                                                       
                                                                                                                                
MS. BARRANS answered that hasn't  been reviewed.  Comparing state                                                               
alternative loan  programs is difficult  because often  the terms                                                               
and  conditions vary  from state  to  state.   For instance,  the                                                               
alternative program  in New Jersey  has a very  high underwriting                                                               
standard  for  students to  qualify,  including  having a  credit                                                               
worthy co-signer.   Therefore, the default  rate is substantially                                                               
lower than  those in Alaska.   The  practice, at least  until the                                                               
last two to three years, in  Alaska basically has been to offer a                                                               
loan  that's  available to  anyone,  regardless  of their  credit                                                               
history  or lack  thereof.   Only  in recent  years would  Alaska                                                               
expect  to  have  rates  that   are  comparable  to  other  state                                                               
programs.                                                                                                                       
                                                                                                                                
9:40:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  pointed out that Alaska  required a credit                                                               
worthy co-signer  in 2009,  but the  2010 default  rate increased                                                               
significantly.   He  asked if  there is  any correlation  between                                                               
those two.                                                                                                                      
                                                                                                                                
MS. BARRANS  clarified that the  [2010 default rate is  the rate]                                                               
for loans that  went into repayment and were in  repayment for at                                                               
least  a year  in  2010.   She  told the  committee  that as  the                                                               
students  who  took  loans  in   2009  and  2010  complete  their                                                               
education  and   begin  repayment,  ACPE  expects   there  to  be                                                               
substantial improvements in those rates.                                                                                        
                                                                                                                                
REPRESENTATIVE SEATON surmised then  that [the 2010 default rate]                                                               
includes all  of the  previous loans that  were being  paid back,                                                               
and thus would likely not include credit worthy co-signer loans.                                                                
                                                                                                                                
MS.  BARRANS agreed,  and also  noted that  the default  rate has                                                               
been affected  by the  state of  the economy.   For  example, the                                                               
default  rates  for  the  federal  loan  program  have  increased                                                               
substantially.                                                                                                                  
                                                                                                                                
REPRESENTATIVE SEATON  noted that  student loan debt  now exceeds                                                               
credit card debt, nationwide.                                                                                                   
                                                                                                                                
9:42:29 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  directed  attention  to  page  2  of  the                                                               
memorandum,  and asked  why there  was  such an  increase in  the                                                               
Alaska Student Loan default rate for 2010.                                                                                      
                                                                                                                                
MS. BARRANS informed  the committee that the  Alaska Student Loan                                                               
program is  the predecessor to  the Alaska Advantage  loan, which                                                               
was initiated  in 2002.  In  2008 and 2009, ACPE  instituted some                                                               
alternative  repayment  options   that  provided  borrowers  with                                                               
relief.    However, it  was  determined  that the  relief  merely                                                               
postponed  the delinquency,  and thus  some of  the options  were                                                               
eliminated.    She explained  that  the  interest costs  for  the                                                               
borrowers was increasing when the  costs were added back to their                                                               
debt after the periods of  relief and the borrowers still weren't                                                               
able to address their delinquency.                                                                                              
                                                                                                                                
REPRESENTATIVE  SEATON  pointed out  that  the  default rate  for                                                               
Alternative  Loan Consolidation  is  extremely  low, nearly  non-                                                               
existent for 2007-2010.  Therefore, he inquired as to why.                                                                      
                                                                                                                                
MS. BARRANS  explained that in 2004  an Alternative Consolidation                                                               
Loan  was  instituted  such  that  a  discounted  loan  rate  was                                                               
offered.  Because borrowers had loans  over a period of years and                                                               
the  terms  of those  loans  were  all  different, there  was  an                                                               
advantage to offering  a lower rate to consolidate  all the loans                                                               
under a  single note.   In the new  promissory note, many  of the                                                               
forbearances  and  deferments  that  existed  in  the  underlying                                                               
original  notes  were  eliminated.     The  goal  was  to  incent                                                               
borrowers to  consolidate.  Therefore,  a lower rate  was offered                                                               
in exchange  for borrowers to meet  a minimum FICO score  or have                                                               
made full  and timely  payments for two  years on  the underlying                                                               
loans.  Ms. Barrans said the  quality of those loans were some of                                                               
the best of  the old Alaska Student Loan  program, which resulted                                                               
in a very low default rate.                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON inquired as to  how much of the Alternative                                                               
Loan Consolidation is taking place.                                                                                             
                                                                                                                                
MS. BARRANS  recalled that  in the  first two  to three  years of                                                               
operation  there was  $40 million  worth  of loan  volume in  the                                                               
Alternative  Loan  Consolidation program.    At  this point,  she                                                               
estimated that  there are close  to $100 million  in consolidated                                                               
loans at a  7.5 interest rate.  She explained  that many students                                                               
who  borrowed in  the early  2000s have  an interest  rate that's                                                               
lower than  7.5 percent, and  therefore they're not  motivated to                                                               
consolidate.                                                                                                                    
                                                                                                                                
9:47:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SEATON,   referring   to  the   chart   entitled                                                               
"Institutional   Cohort  Default   Rates"  on   page  2   of  the                                                               
memorandum, related  his understanding that  the top line  is the                                                               
Alaska Institution rate.  He  also related his understanding that                                                               
ACPE doesn't  believe the program  proposed in SSHB  272 wouldn't                                                               
materially change the default rate on the loans.                                                                                
                                                                                                                                
MS. BARRANS  replied yes to both.   The majority of  students who                                                               
default do so because they fail  to complete a degree program and                                                               
are unable  to be  gainfully employed.   A smaller  proportion of                                                               
the default  rate is  those students who  over borrowed  and have                                                               
very  high levels  of debt.    Therefore, a  3 percent  principal                                                               
reduction wouldn't really impact that.                                                                                          
                                                                                                                                
REPRESENTATIVE SEATON  remarked that if the  lower principal rate                                                               
motivates students to complete their  degree, the default rate of                                                               
those  students  would be  a  lesser  rate than  other  students.                                                               
Therefore, the additional earning capacity may have some impact.                                                                
                                                                                                                                
MS. BARRANS agreed.                                                                                                             
                                                                                                                                
9:48:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FEIGE  directed attention to the  language on page                                                               
3 of the memorandum that read as follows:                                                                                       
                                                                                                                                
     Generally,  regardless of  the  underlying reasons  for                                                                    
     the lack of  capacity to pay as  agreed, borrowers fail                                                                    
     to be  influenced or motivated  by the  consequences of                                                                    
     delinquency  or  default,  so it  seems  reasonable  to                                                                    
     conclude that the default rate  would not be materially                                                                    
     impacted by this new potential benefit.                                                                                    
                                                                                                                                
REPRESENTATIVE  FEIGE then  inquired  as to  the consequences  of                                                               
delinquency.                                                                                                                    
                                                                                                                                
MS.  BARRANS  answered  that   the  consequences  of  delinquency                                                               
include  ACPE's  ability  to  garnish  permanent  fund  dividends                                                               
(PFDs), wages, and suspend professional  licenses.  The ACPE also                                                               
reports  a   student's  delinquent  loans  such   that  they  are                                                               
reflected on their credit reports.                                                                                              
                                                                                                                                
REPRESENTATIVE  FEIGE  surmised  then that  the  consequences  of                                                               
default  are  severe,  and  therefore   he  pondered  what  other                                                               
measures could be taken.                                                                                                        
                                                                                                                                
9:50:45 AM                                                                                                                    
                                                                                                                                
MS.  BARRANS, in  response  to  Representative Seaton,  explained                                                               
that the loans in question are  assets of the Alaska Student Loan                                                               
Corporation.   In  financing the  loans  in the  bond market  and                                                               
through other types of debt  for which the corporation is liable,                                                               
the  corporation commits  to certain  income  streams from  those                                                               
loans.  Therefore, any time  the legislature creates a program to                                                               
relieve debt, such  as SSHB 272, there needs to  be an associated                                                               
compensation to ensure  the corporation is held  harmless and can                                                               
continue to  make its debt payments.   The fiscal note  that will                                                               
be prepared  for the  new CS  will reflect both  the cost  of the                                                               
interest reduction as  well as a component for  the interest lost                                                               
to  the   corporation.    A  principal   reduction,  she  further                                                               
explained, will accelerate  the rate at which the  loans are paid                                                               
down.                                                                                                                           
                                                                                                                                
9:52:35 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  asked  whether the  Alaska  Student  Loan                                                               
Corporation  has  been constrained  by  the  amount of  principal                                                               
available  to  offer  as  loans   or  has  that  been  relatively                                                               
unlimited.                                                                                                                      
                                                                                                                                
MS. BARRANS  told the committee  that since 2008  the corporation                                                               
has  been funding  new loans  with the  assistance of  the state.                                                               
The corporation  entered into a  relatively short-term  loan from                                                               
the  state in  order  to  continue to  finance.   Therefore,  the                                                               
corporation uses  both recycled  payments and  the state  loan to                                                               
finance new loans.  The  aforementioned has been the case through                                                               
the current year, but in  2013 the corporation intends to reenter                                                               
the bond  market in order to  issue new debt for  new alternative                                                               
loans.     She  noted,   however,  that   the  loan   volume  has                                                               
substantially decreased over the last  two years.  Currently, the                                                               
corporation  makes less  than $15  million  in alternative  loans                                                               
annually, which she  mainly attributed to changes  in the federal                                                               
rules that  prohibit institutions in Alaska  from packaging loans                                                               
for students.                                                                                                                   
                                                                                                                                
REPRESENTATIVE SEATON returned the gavel to Chair Dick.                                                                         
                                                                                                                                
9:53:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON inquired  as  to why  the state  providing                                                               
principal for  loan purposes  is viewed as  a detriment  of early                                                               
payment of debt  when it's being paid to the  corporation and can                                                               
be used to re-loan.                                                                                                             
                                                                                                                                
MS.  BARRANS  announced that  Version  R  addresses the  concerns                                                               
expressed relative to the initial  versions of SSHB 272, and thus                                                               
she  didn't  believe  the  negative  perceptions  carry  through.                                                               
Version R  ensures the  Alaska Student  Loan Corporation  is held                                                               
harmless.   In  further  response to  Representative Seaton,  Ms.                                                               
Barrans  confirmed that  under Version  R the  prepayment of  the                                                               
principal through an  appropriation by the state  isn't viewed as                                                               
a  significant  negative  so  long as  the  corporation  is  held                                                               
harmless.   She  noted  that  the fiscal  note  will reflect  the                                                               
aforementioned.                                                                                                                 
                                                                                                                                
9:56:46 AM                                                                                                                    
                                                                                                                                
CHAIR DICK announced that SSHB 272 would be held over.                                                                          

Document Name Date/Time Subjects
CS for 2nd SSHB 272 Version R - Statutes listed under Section 2.pdf HEDC 3/19/2012 8:00:00 AM
HB 272
CS for 2nd SSHB272 Version R.pdf HEDC 3/19/2012 8:00:00 AM
HB 272
2nd SS HB272-EED-ACPE-02-28-12.pdf HEDC 3/19/2012 8:00:00 AM
HB 272
2nd CS SS HB272 ACPE Response to Information Request.pdf HEDC 3/19/2012 8:00:00 AM
HB 272
2nd CS SS HB 272 03 02 12 Legal Memo.pdf HEDC 3/19/2012 8:00:00 AM
HB 272