Legislature(2013 - 2014)

04/18/2014 09:48 AM House FIN


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CS FOR SENATE BILL NO. 195(FIN)                                                                                               
                                                                                                                                
     "An  Act relating  to the  membership and  authority of                                                                    
     the  Alaska  Commission   on  Postsecondary  Education;                                                                    
     relating  to  the   Alaska  Student  Loan  Corporation;                                                                    
     relating  to  teacher   education  loans;  relating  to                                                                    
     interest   on   and  consolidation   of   postsecondary                                                                    
     education  loans;   relating  to   Alaska  supplemental                                                                    
     education  loans;  relating to  AlaskAdvantage  grants;                                                                    
     relating to  the Alaska family education  loan program;                                                                    
     relating  to  postsecondary  educational  institutions;                                                                    
     and providing for an effective date."                                                                                      
                                                                                                                                
9:49:10 AM                                                                                                                    
                                                                                                                                
LAURA PIERRE, STAFF, SENATOR ANNA FAIRCLOUGH, offered a                                                                         
sponsor statement:                                                                                                              
                                                                                                                                
     Senate   Bill   195    makes   both   substantive   and                                                                    
     housekeeping changes  to statutes regarding  the Alaska                                                                    
     Commission  on Postsecondary  Education and  the Alaska                                                                    
     Student   Loan  Corporation.   These  changes   include                                                                    
     allowing  the commission  to  set  favorable terms  for                                                                    
     borrowers, increase the total  loan limit a student may                                                                    
     borrow, and  define "on-time" status  for a  student to                                                                    
     reach completion.                                                                                                          
                                                                                                                                
     With  increasing  amounts  of  debt  in  the  state  of                                                                    
     Alaska,  borrowers  need  to make  the  best  and  most                                                                    
     informed   decisions  when   they   borrow  for   their                                                                    
     education, as well as when  they are preparing to enter                                                                    
     repayment.   By  allowing   the   corporation  to   set                                                                    
     favorable terms,  Alaska's students will  receive their                                                                    
     education for the best deal.                                                                                               
                                                                                                                                
     The  cost  of  tuition  is going  up  at  postsecondary                                                                    
     institutions   around  the   country;  however,   state                                                                    
     education  loan  maximums  have not  been  modified  in                                                                    
     almost twenty  years. Increased loan limits  will allow                                                                    
     students  easier access  to enough  financial aid  from                                                                    
     one  loan servicer,  thereby  easing  the processes  of                                                                    
     both borrowing and repayment.                                                                                              
                                                                                                                                
     National  trends show  students  are  taking longer  to                                                                    
     complete  their postsecondary  education. In  the past,                                                                    
     an undergraduate  degree took,  on average,  four years                                                                    
     to  complete. Now  it is  more common  to see  students                                                                    
     take  longer to  complete their  degree. By  staying in                                                                    
     school  longer, students  are  accruing  more debt  and                                                                    
     delaying entry  into the workforce.  Defining "on-time"                                                                    
     status as  15 credits per semester  encourages students                                                                    
     to complete  their postsecondary education in  a timely                                                                    
     manner.  This, in  turn, will  keep  their debt  lower,                                                                    
     more manageable, and allow them  to enter the workforce                                                                    
     sooner.                                                                                                                    
                                                                                                                                
     The changes proposed in Senate  Bill 195 will allow the                                                                    
     commission to  better assist Alaskans  accessing higher                                                                    
     education. It  will create  incentives for  students to                                                                    
     enroll in sufficient credits  to expedite completion of                                                                    
     their degree as  well as begin their career  as part of                                                                    
     Alaska's workforce.                                                                                                        
                                                                                                                                
Ms.  Pierre noted  that the  bill interplayed  with SJR  23,                                                                    
both would allow for a  lower interest rate for students and                                                                    
incentivize early and on-time graduation.                                                                                       
                                                                                                                                
DIANE  BARRANS,  EXECUTIVE  DIRECTOR, ALASKA  COMMISSION  ON                                                                    
POSTSECONDARY EDUCATION,  DEPARTMENT OF EDUCATION  AND EARLY                                                                    
DEVELOPMENT, testified  that the  legislation would  help to                                                                    
better meet the needs of students in the state.                                                                                 
                                                                                                                                
Co-Chair  Stoltze thought  that  a constitutional  amendment                                                                    
that would be  a mechanism to reduce student  loan rates was                                                                    
an attractive provision.                                                                                                        
                                                                                                                                
Ms. Barrans  relayed that  the relatively  attractive market                                                                    
prior to 2008 had never  returned. She said that through the                                                                    
combination of  the bill and  the resolution, debt  could be                                                                    
issued at a lower rate than could be otherwise achieved.                                                                        
                                                                                                                                
Co-Chair Stoltze  asked about the federal  interplay related                                                                    
to student loan rates.                                                                                                          
                                                                                                                                
Ms. Barrans  answered that Congress and  the U.S. Department                                                                    
of  Education  had   created  barriers  between  non-federal                                                                    
lenders and the  consumer. She felt that this  had been done                                                                    
under the guise  of consumer protection but  with respect to                                                                    
other  governmental agencies,  such as  the state  trying to                                                                    
offer low  rates to students,  they had created  barriers in                                                                    
terms of schools being able to recommend state programs.                                                                        
                                                                                                                                
Representative  Holmes asked  for clarification  on interest                                                                    
rate changes and borrowing amounts.                                                                                             
                                                                                                                                
Ms.  Barrans replied  that  one advantage  would  be a  rate                                                                    
decrease  of between  1 and  1.25 percent  of what  could be                                                                    
achieved  with a  revenue  backed bond.  She  said that  the                                                                    
other  advantage  would  be that  rating  agencies  and  the                                                                    
market  looked  to  the  rating status  of  the  state  when                                                                    
examining   general  obligation   debts   rather  than   the                                                                    
underlying  collateral. She  said that  credit criteria  had                                                                    
been  imposed  in recent  years  that  made the  loans  less                                                                    
accessible  to Alaska  residents.  She  believed that  while                                                                    
credit criteria would  need to remain in place,  it could be                                                                    
moderated and  make the loans more  generally available. She                                                                    
hoped that by increasing the  loan limits varied loan limits                                                                    
would   be  set   according  to   the  student's   level  of                                                                    
enrollment.                                                                                                                     
                                                                                                                                
9:57:05 AM                                                                                                                    
                                                                                                                                
Representative Gara  asked if the  bill would allow  for the                                                                    
reduction of the student loan  rate by 1.25 percent compared                                                                    
to other bonds used currently.                                                                                                  
                                                                                                                                
Ms.  Barrans  replied that  yes,  when  comparing a  revenue                                                                    
backed bond with a general obligation backed bond.                                                                              
                                                                                                                                
Representative  Gara  asked  whether the  1.25  percent  was                                                                    
lower than the current rate.                                                                                                    
                                                                                                                                
Ms. Barrans replied in the affirmative.                                                                                         
                                                                                                                                
Representative   Gara  asked   whether  students   would  be                                                                    
required  to  have  a guarantor.  He  wondered  whether  low                                                                    
income students would be eligible to get the loan.                                                                              
                                                                                                                                
Ms. Barrans  answered that it  would depend on  the students                                                                    
credit  score.  She said  that  the  combination of  changes                                                                    
would  not eliminate  the  need to  have  a performing  loan                                                                    
portfolio. She  furthered that the  concept behind  the bill                                                                    
was that  general obligation debt  would be issued  but that                                                                    
the  state would  not be  expected  to repay  the debt;  the                                                                    
revenue on the  loans would repay the debt.  It was expected                                                                    
that  the credit  criteria  could be  reduced  from what  it                                                                    
currently was,  but it could  not be  eliminated altogether.                                                                    
She said that  a student would need to  have adequate credit                                                                    
or a credit worthy co-signer.                                                                                                   
                                                                                                                                
Representative  Gara asked  how  low  income families,  with                                                                    
little or no credit, could qualify for the program.                                                                             
                                                                                                                                
Ms. Barrans replied  that the student would need  to look to                                                                    
federal  aid and  state and  federal grants.  She said  that                                                                    
under  the legislation  the maximum  grant  amount would  be                                                                    
increased and  the hope was  that students would be  able to                                                                    
package other aid to meet their needs.                                                                                          
                                                                                                                                
10:00:27 AM                                                                                                                   
                                                                                                                                
SENATOR ANNA  FAIRCLOUGH, SPONSOR, hoped that  the committee                                                                    
would support  both the legislation and  SJR 23 unanimously.                                                                    
She said that the bill  was one step closer to consolidating                                                                    
loans and making  sure that students could  borrow what they                                                                    
needed a t  a particular point in time instead  of having to                                                                    
go to  several creditors. She  noted that students  that had                                                                    
to go  to several creditors  had higher interest  rates than                                                                    
the state was  charging; 7.3 percent. She  asserted that the                                                                    
bill  would expand  the state's  authority  to let  students                                                                    
borrow loans in one place and reduce their debt.                                                                                
                                                                                                                                
10:03:00 AM                                                                                                                   
                                                                                                                                
Co-Chair Stoltze  mentioned a 1982  constitutional provision                                                                    
for veteran's housing bonds. He  requested an explanation as                                                                    
to why  the state constitution required  provisions like SJR
23.                                                                                                                             
                                                                                                                                
Senator Fairclough  testified that SJR 23  proposed to amend                                                                    
Article  9,  section 8  of  the  Alaska State  Constitution.                                                                    
Currently,  state  debt can  only  be  borrowed for  capital                                                                    
projects and veteran's homes. She  asserted that the state's                                                                    
forefathers  could never  have  imagined  what student  debt                                                                    
would look  like in the  future. She  said that at  the time                                                                    
that the constitution  was written debt was a  bad thing and                                                                    
most things were paid for  in cash. She stated that students                                                                    
could  not pay  for  school  in cash  and  needed to  borrow                                                                    
money. She  shared that the legislature  could help students                                                                    
borrow money at  a lower interest rate by  offering the full                                                                    
faith and credit of the  State of Alaska. She explained that                                                                    
the  constitutional amendment  would insert  very few  words                                                                    
into the  constitution that would  allow the ability  of the                                                                    
full faith  and credit of the  state to be used  for student                                                                    
loans and  the advancement  of postsecondary  education. She                                                                    
believed   that   if   the   amendment   passed   then   the                                                                    
postsecondary education student  loan corporation would have                                                                    
to advance  a plant to  the legislature asking  whether debt                                                                    
should be  taken on, but  this time  when going to  the bond                                                                    
market the  interest rate would  be a full  percentage point                                                                    
lower  for students.  She  said that  as  the student  loans                                                                    
would all  be repaid. She  emphasized that the  language was                                                                    
permissive  and  would  allow  the  state  under  the  right                                                                    
circumstances to use  a better way to  finance student loans                                                                    
if the state  wanted to take on or  offer additional student                                                                    
loans.                                                                                                                          
                                                                                                                                
Co-Chair  Stoltze   appreciated  the   need  to   amend  the                                                                    
constitution by anybody but the court system.                                                                                   
                                                                                                                                
10:07:28 AM                                                                                                                   
                                                                                                                                
Representative   Gara   offered    his   support   for   the                                                                    
legislation.                                                                                                                    
                                                                                                                                
Co-Chair Stoltze CLOSED public  testimony. He MOVED to ADOPT                                                                    
Amendment 1:                                                                                                                    
                                                                                                                                
     Page 13, line 6:                                                                                                           
          Delete "8,000"                                                                                                        
          Insert "10,000"                                                                                                       
                                                                                                                                
Representative Wilson OBJECTED for discussion.                                                                                  
                                                                                                                                
Co-Chair Stoltze spoke to the amendment.                                                                                        
                                                                                                                                
Senator Fairclough had  no problem with the  addition of the                                                                    
amendment. She  noted that  the bill had  yet to  be amended                                                                    
and a concurrence vote would be required.                                                                                       
                                                                                                                                
Co-Chair Stoltze appreciated the notation.                                                                                      
                                                                                                                                
Vice-Chair Neuman offered support for the amendment.                                                                            
                                                                                                                                
Representative  Guttenberg noted  that the  $2,000 was  more                                                                    
significant for students pursuing vocational education.                                                                         
                                                                                                                                
Representative  Holmes supported  the  amendment but  warned                                                                    
that comparing  one student category  with another  could be                                                                    
unfair.                                                                                                                         
                                                                                                                                
Representative  Thompson  requested  confirmation  that  the                                                                    
amendment  would  change the  amount  given  to an  eligible                                                                    
student attending a career education program to $10,000.                                                                        
                                                                                                                                
Co-Chair Stoltze  thought that  the amendment could  be made                                                                    
clearer.                                                                                                                        
                                                                                                                                
10:12:31 AM                                                                                                                   
                                                                                                                                
Ms.  Barrans  interjected  that currently  career  education                                                                    
students  could borrow  more than  one certificate,  the cap                                                                    
that applied to them was the undergraduate cap.                                                                                 
                                                                                                                                
Co-Chair Stoltze  wondered if the amendment  would cause any                                                                    
kind of drafting deficiency.                                                                                                    
                                                                                                                                
Ms.  Barrans replied  in  the negative.  She  said that  the                                                                    
vocational loans  covered a  broader array  of certificates;                                                                    
historically,  the   limit  had   been  lower   because  the                                                                    
vocational programs had higher  default rates. She said that                                                                    
differentiation between  high value and those  that produced                                                                    
a lower return on investment  could be researched during the                                                                    
interim.                                                                                                                        
                                                                                                                                
Representative Edgmon expressed support for the amendment.                                                                      
                                                                                                                                
Representative  Gara  asked   whether  the  amendment  would                                                                    
hamper  the  department's  ability  to  make  loans  to  all                                                                    
classes of students.                                                                                                            
                                                                                                                                
Ms. Barrans answered no.                                                                                                        
                                                                                                                                
Representative Thompson understood  that under the amendment                                                                    
a student could borrow up  to $56,000 for a career education                                                                    
loan.                                                                                                                           
                                                                                                                                
Ms.  Barrans replied  that the  student would  have to  have                                                                    
borrowed  to  gain  a  series   of  credentials;  under  the                                                                    
amendment they could borrow up  to $10,000 for each separate                                                                    
program of study, up to $56,000.                                                                                                
                                                                                                                                
Representative  Thompson understood  that  the $10,000  loan                                                                    
would  be  for  one  program. Ms.  Barrans  replied  in  the                                                                    
affirmative.                                                                                                                    
                                                                                                                                
Co-Chair Stoltze expounded  on the history of  abuses of the                                                                    
system in the vocational education field.                                                                                       
                                                                                                                                
10:19:36 AM                                                                                                                   
                                                                                                                                
Representative   Wilson  WITHDREW   her  OBJECTION   to  the                                                                    
adoption of  Amendment 1. There being  NO further OBJECTION,                                                                    
Amendment 1 was ADOPTED.                                                                                                        
                                                                                                                                
10:22:14 AM                                                                                                                   
                                                                                                                                
Co-Chair Stoltze OPENED public testimony.                                                                                       
                                                                                                                                
Co-Chair Stoltze CLOSED public testimony.                                                                                       
                                                                                                                                
10:23:14 AM                                                                                                                   
                                                                                                                                
Co-Chair Stoltze queried the fiscal note for SB 195.                                                                            
                                                                                                                                
Representative   Costello  discussed   the  one   previously                                                                    
published  fiscal   impact  note  from  the   Department  of                                                                    
Education and Early Development.                                                                                                
                                                                                                                                
Vice-Chair Neuman MOVED  to REPORT HCS CSSB  195(FIN) out of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal  note. There being NO  OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
HCS CSSB 195(FIN)  was REPORTED out of committee  with a "do                                                                    
pass"  recommendation  and  with  one  previously  published                                                                    
fiscal impact note: FN2 (DEED).                                                                                                 
                                                                                                                                

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