Legislature(2007 - 2008)HOUSE FINANCE 519

02/13/2008 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 325 TEACHERS/HEALTH CARE PROFESS HOUSING LOAN TELECONFERENCED
Moved CSHB 325(FIN) Out of Committee
+ HB 285 MUNI TAX EXEMPTION: COMBAT DEATHS TELECONFERENCED
Moved CSHB 285(CRA) Out of Committee
+= HB 65 PERSONAL INFORMATION & CONSUMER CREDIT TELECONFERENCED
Heard & Held
<Teleconference Listen Only>
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 325                                                                                                            
                                                                                                                                
     "An Act relating to the teachers' and nurses' housing                                                                      
     loan program in the Alaska Housing Finance Corporation;                                                                    
     and providing for an effective date."                                                                                      
                                                                                                                                
BRYAN BUTCHER,  LEGISLATIVE LIAISON,  ALASKA HOUSING  FINANCE                                                                   
CORPORATION (AHFC),  gave an overview of HB 325.  In 2003, SB
25 established a teachers and  registered nurses housing loan                                                                   
program. Buying  a home, particularly the cash  down payment,                                                                   
had been  an obstacle for young  teachers and nurses  in many                                                                   
communities across the state.  The idea was to set up a zero-                                                                   
down  payment program  to  remedy the  problem.  A five  year                                                                   
sunset was  put on SB  25 due to  concerns that  if consumers                                                                   
didn't invest  money initially they  would be more  likely to                                                                   
walk away  from the  loan. The  program has been  successful.                                                                   
House  Bill  325  would  lift the  sunset  and  would  expand                                                                   
"nurses" to "health care professionals."                                                                                        
                                                                                                                                
Mr.  Butcher said  that since  the program  was initiated  in                                                                   
2003,  373 teachers  and nurses  have mortgaged  homes in  34                                                                   
communities  across the state.  To date  there has  been only                                                                   
one   foreclosure.   Alaska   Housing   Finance   Corporation                                                                   
foreclosure rates are low and  rates of this program are even                                                                   
lower.  He  emphasized that  the  program  is not  a  subsidy                                                                   
program; there is no interest  break. Applicants have to pass                                                                   
AHFC's normal guidelines for getting a mortgage.                                                                                
                                                                                                                                
2:08:51 PM                                                                                                                    
                                                                                                                                
Representative  Crawford asked  for a  definition of  "health                                                                   
care professionals."  He wondered  if doctors were  included.                                                                   
Mr. Butcher replied that there  had been discussions with the                                                                   
Governor's  office about  the  definition.  They realized  it                                                                   
would be easy to miss an occupation.                                                                                            
                                                                                                                                
Mr. Butcher  referred to a  different program in  the capital                                                                   
budget that funds housing for  rural teachers and health care                                                                   
professionals.   The definition of  who is qualified  in that                                                                   
program is: any person who is  licensed or board-certified by                                                                   
the State  of Alaska  in a health  profession, holds  a State                                                                   
certification in a health occupation,  or is an administrator                                                                   
of a hospital  or clinic or  employed as an  aide, assistant,                                                                   
counselor, or technician in a  health field. Occupancy in the                                                                   
household  is  limited  to health  professionals  and  family                                                                   
members.                                                                                                                        
                                                                                                                                
Representative  Crawford  asked   if  dental  assistants  and                                                                   
hygienists  were  included.  He   reiterated  concerns  about                                                                   
doctors using the program.                                                                                                      
                                                                                                                                
Mr. Butcher  said AHFC discussed  whether there should  be an                                                                   
income cap  on the  program. They  questioned having  a zero-                                                                   
down program  for someone  making $500,000  a year.  However,                                                                   
after  talking  with  mortgage experts,  the  conclusion  was                                                                   
reached  that a  doctor  making $500,000  would  not use  the                                                                   
program.  Most   of  AHFC's  portfolio  consists   of  rural,                                                                   
veterans,  and  first-time  homebuyer loans,  making  AHFC  a                                                                   
lender of  "last resort."  A person  making more money  could                                                                   
get a  better interest rate by  shopping around, so  it would                                                                   
not  make sense  for someone  with  a large  income buying  a                                                                   
large home to skip  a down payment in exchange  for having to                                                                   
pay a  lot more  money. In addition,  AHFC's experience  over                                                                   
the past five years has been that  fears regarding a cap were                                                                   
unfounded. The  house cannot be  used as investment  property                                                                   
since users of the program must live in it.                                                                                     
                                                                                                                                
2:12:05 PM                                                                                                                    
                                                                                                                                
Representative  Hawker asked for  specifics relating  to both                                                                   
delinquency  and foreclosure.  Mr. Butcher  did not  have the                                                                   
delinquency numbers,  although he  knew they were  low. Until                                                                   
very   recently  the   foreclosure   rates   were  at   zero.                                                                   
Representative Hawker wondered about defaults.                                                                                  
                                                                                                                                
DAN FAUSKE,  CEO/EXECUTIVE DIRECTOR,  ALASKA HOUSING  FINANCE                                                                   
CORPORATION,   DEPARTMENT  OF   REVENUE,  said  that   people                                                                   
occasionally get behind on their  payments. However, AHFC has                                                                   
tracked this  and found that  the delinquency rate  goes down                                                                   
around  the  time   the  permanent  fund  checks   come  out.                                                                   
                                       rd                                                                                       
Delinquency rates  through AHFC are  43  in the  nation, with                                                                   
50  being  the best.  He  said  there  is not  a  significant                                                                   
problem in  Alaska. Foreclosures  are well within  historical                                                                   
norms and well below national  average. Regarding the concern                                                                   
of someone making  a great deal of money using  this program,                                                                   
Mr.  Fauske  pointed  out that  zero-down  buyers  must  have                                                                   
mortgage insurance.  If an  investor was  going to  be paying                                                                   
more, they  would rather put the  money down and free  up the                                                                   
cash.                                                                                                                           
                                                                                                                                
2:15:27 PM                                                                                                                    
                                                                                                                                
Representative  Hawker asked,  regarding the  removal of  the                                                                   
sunset date, how open-ended AHFC wanted the program to be.                                                                      
                                                                                                                                
Mr. Fauske  pointed out that  the program evolved  because of                                                                   
recognized need.  The sunset provision was added  in order to                                                                   
test  the  program.  Across  the   country,  housing  finance                                                                   
agencies are  trying to come up  with solutions for  the same                                                                   
challenges  that AHFC  has  been dealing  with  successfully.                                                                   
Teachers  everywhere have  difficulty  affording  a home.  He                                                                   
thought the  program was doing  exactly what it  was designed                                                                   
to do and hoped to see it continue.                                                                                             
                                                                                                                                
Representative  Hawker  reiterated  his desire  for  specific                                                                   
information   regarding   delinquency    rates   and   credit                                                                   
experience with the consumers of the program.                                                                                   
                                                                                                                                
PAUL KAPANSKY, DIRECTOR, MORTGAGE  OPERATIONS, ALASKA HOUSING                                                                   
FINANCE CORPORATION   (TESTIFIED  VIA TELECONFERENCE),  spoke                                                                   
to the issue of foreclosures and  delinquencies. He said that                                                                   
over  the four  year  period that  the  program  has been  in                                                                   
place, there  have been 378  loans, with one  foreclosure. He                                                                   
said  AHFC  doesn't specifically  track  delinquency  in  the                                                                   
program,  but delinquency  rates  are around  3.5%, which  is                                                                   
historically  low. He  said the  program  has performed  very                                                                   
well.                                                                                                                           
                                                                                                                                
2:19:02 PM                                                                                                                    
                                                                                                                                
Representative  Hawker  was  surprised   to  hear  the  State                                                                   
doesn't track  delinquency rates  by program, as  those rates                                                                   
are a  benchmark measure  of performance.  Mr. Kapansky  said                                                                   
historically  AHFC hasn't tracked  delinquency rates  because                                                                   
the foreclosure  rate is  so low. There  didn't seem to  be a                                                                   
need.                                                                                                                           
                                                                                                                                
Representative  Gara had previously  thought the  program got                                                                   
teachers lower interest  rate loans. He wondered  if a person                                                                   
could still  shop around  for the best  bank rate or  if they                                                                   
had  to  accept  a  higher  interest  rate  through  AHFC  in                                                                   
exchange for  the zero-down. Mr.  Kapansky answered  that the                                                                   
loan  option is  only  good with  an Alaska  Housing  Finance                                                                   
loan.  The  loan  could  be  processed  under  the  veterans'                                                                   
program  or  the tax-exempt  first-time  home-buyer  program.                                                                   
Those interest rates are currently  approximately 5.5%, which                                                                   
is a very attractive interest rate.                                                                                             
                                                                                                                                
Representative  Gara wondered  if  someone would  be able  to                                                                   
find a  lower interest mortgage  than they could  get through                                                                   
the  AHFC  program  if  they  shopped  around.  Mr.  Kapansky                                                                   
answered that if  the person were a first time  home-buyer or                                                                   
a veteran he did not think they  could find a more attractive                                                                   
interest rate.                                                                                                                  
                                                                                                                                
2:21:46 PM                                                                                                                    
                                                                                                                                
Representative  Kelly   asked  how  the   mortgage  insurance                                                                   
worked.  Mr.  Butcher  said  in  most  cases  a  person  pays                                                                   
mortgage insurance  until the  mortgage is  20% paid,  but in                                                                   
the teachers  and health  professionals program the  mortgage                                                                   
insurance is paid until 35% of  the mortgage is paid, as AHFC                                                                   
is taking an increased risk.                                                                                                    
                                                                                                                                
Representative  Kelly wondered if  the house went  to another                                                                   
teacher when  the teacher  who bought  the house through  the                                                                   
program left. Mr.  Butcher replied that the  house returns to                                                                   
an all-new loan.  Anyone could buy the house  with the normal                                                                   
requirements.                                                                                                                   
                                                                                                                                
2:24:33 PM                                                                                                                    
                                                                                                                                
Representative Kelly  wanted to know the  differences between                                                                   
the  program covered  by HB  325  and the  rural program  Mr.                                                                   
Butcher had  referred to  earlier. Mr.  Butcher said  the two                                                                   
programs were  often confused with  one another as  they were                                                                   
created at  the same time. The  program covered in HB  325 is                                                                   
not  the  rural  program.  The   rural  program  helps  rural                                                                   
communities  recruit  and  retain teachers  and  health  care                                                                   
professionals.                                                                                                                  
                                                                                                                                
Representative Kelly  referred to the handout  listing houses                                                                   
in  Aniak that  were  purchased through  the  HB 325  program                                                                   
("Cumulative   Purchases   for    Teacher/Nurse   Option   by                                                                   
Location," On File). He thought  Aniak was a rural community.                                                                   
Mr.  Butcher  explained  that  the  HB  325  program  can  be                                                                   
utilized by any community in the state.                                                                                         
                                                                                                                                
Mr. Fauske  interjected  that AHFC learned  that even  though                                                                   
the HB  325 program  could be used  in rural communities,  it                                                                   
rarely  was. The  HB  325 program  is  mainly  used in  urban                                                                   
communities.  In  many  of  rural  situations,  teachers  and                                                                   
health care  professionals are  itinerant. The rural  program                                                                   
specifically addresses  grants and loans to  regional housing                                                                   
authorities, village corporations  and school districts. That                                                                   
program has been equally successful.                                                                                            
                                                                                                                                
Representative   Kelly    wondered   about    asset   quality                                                                   
monitoring. He  stated he supported  a sunset,  especially if                                                                   
the  category  of eligible  participants  was  broadening  to                                                                   
people  with  less  income.  He   also  wanted  delinquencies                                                                   
tracked.                                                                                                                        
                                                                                                                                
2:28:36 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Stoltze   spoke  regarding  sunset   length.  Mr.                                                                   
Butcher thought longer would be  more beneficial for AHFC but                                                                   
would understand  if the Committee  wanted a shorter  sunset.                                                                   
Mr. Fauske  agreed that longer  would be better; in  terms of                                                                   
market conditions  he thought  five to  eight years  would be                                                                   
optimal. Mr. Kapansky agreed that five to eight would work.                                                                     
                                                                                                                                
Co-Chair  Meyer anticipated  an amendment  on the subject  of                                                                   
sunset dates.                                                                                                                   
                                                                                                                                
2:30:45 PM                                                                                                                    
                                                                                                                                
Representative  Crawford stated  that he did  not see  a need                                                                   
for a cap  on the salary  level of a program  participant. He                                                                   
had  originally  thought a  cap  was  needed because  of  the                                                                   
shortage of  teachers and nurses.  He wondered if  there were                                                                   
shortages  in  the expanded  categories.  Vice-Chair  Stoltze                                                                   
said there were shortages.                                                                                                      
                                                                                                                                
Representative  Crawford   said  he  supported   the  program                                                                   
continuing  with   a  sunset   so  that  progress   could  be                                                                   
evaluated.                                                                                                                      
                                                                                                                                
Mr. Fauske  added that the  current accelerated value  in the                                                                   
real estate  market makes  it even  more difficult  for young                                                                   
workers  to come  up  with a  down  payment.  He thought  the                                                                   
program has  helped forestall  the shortages of  teachers and                                                                   
health professionals in the state.                                                                                              
                                                                                                                                
2:33:41 PM                                                                                                                    
                                                                                                                                
Representative  Joule  commented  on  the  situation  of  the                                                                   
upcoming generation  that cannot  afford to  buy a  home. The                                                                   
whole  issue  has  become the  down  payment,  often  putting                                                                   
parents in the  position of having to pay it.  He thought the                                                                   
program  would make  a  huge difference  to  many people  and                                                                   
would affect how  committed they would be to  a community. He                                                                   
supported  the  bill and  said  he  was  excited it  will  be                                                                   
expanded.                                                                                                                       
                                                                                                                                
2:35:30 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer  opened  public testimony.  Seeing  none,  he                                                                   
closed public testimony.                                                                                                        
                                                                                                                                
Representative  Hawker MOVED  Conceptual Amendment  #1  to HB
325.                                                                                                                            
                                                                                                                                
Co-Chair Meyer OBJECTED for discussion purposes.                                                                                
                                                                                                                                
Representative Hawker  described the conceptual  amendment as                                                                   
putting a  five-year reauthorization  sunset on the  bill. He                                                                   
stated that  in his view, the  sunset is not a sunset  on the                                                                   
program.  He  intended  the  sunset  to be  a  check  on  the                                                                   
management and operations of the program.                                                                                       
                                                                                                                                
Co-Chair Meyer WITHDREW his OBJECTION.                                                                                          
                                                                                                                                
There  being  NO  OBJECTION,   Conceptual  Amendment  #1  was                                                                   
adopted.                                                                                                                        
                                                                                                                                
2:38:09 PM                                                                                                                    
                                                                                                                                
Representative  Hawker noted for  the record that  the fiscal                                                                   
note  is zero  and does  not require  General  Fund or  other                                                                   
expenditures.                                                                                                                   
                                                                                                                                
Co-Chair  Chenault MOVED  to  report CSHB  325  (FIN) out  of                                                                   
Committee with individual recommendations  and with zero note                                                                   
#1.                                                                                                                             
                                                                                                                                
CSHB  325 (FIN)  was REPORTED  out  of Committee  with a  "do                                                                   
pass" recommendation and with  zero note #1 by the Department                                                                   
of Revenue.                                                                                                                     
                                                                                                                                
2:39:29 PM   AT EASE                                                                                                          
2:39:55 PM   RECONVENE                                                                                                        
                                                                                                                                

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