Legislature(1995 - 1996)

03/21/1995 02:08 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
 HHES - 03/21/95                                                               
 HB 257 - POSTSECONDARY EDUCATION PROGRAMS/LOANS                             
                                                                               
 Number 1474                                                                   
                                                                               
 CO-CHAIR BUNDE said HB 257, Postsecondary Education Programs and              
 Loans, is a bill needed to modify the student loan program to make            
 it more viable.                                                               
                                                                               
 DR. JOE McCORMICK, Executive Director, Alaska Commission on                   
 Postsecondary Education (ACPE), asked HESS Committee members to               
 think of HB 257 in three parts.  Part one contains provisions that            
 have been put into the bill to improve customer service.  Part two            
 are provisions that strengthen financial stability.  Part three               
 contains technical amendments that would improve overall program              
 administration.                                                               
                                                                               
 DR. McCORMICK said improving customer service, or Section 1, raises           
 a long-overdue issue, which is loan limits.  Since 1984, the                  
 University of Alaska alone has raised its tuition 250 percent.  The           
 most recent increase occurred at the last Board of Regents meeting.           
 The loan limits in this program have not been raised since 1981.              
 Section 3 protects borrowers, by requiring more rigid requirements            
 for schools to demonstrate sound financial capabilities before they           
 are allowed to participate in the Alaska Student Loan Program                 
 (ASLP).                                                                       
                                                                               
 DR. McCORMICK said Section 4 sets the borrowing limits for students           
 at a dollar maximum.  Currently the law provides a number of years            
 maximum.  This penalizes part-time students.  These are students              
 who work and go to school, and who typically would take more than             
 five years to get a degree.  However, these people could not get              
 loans beyond the fifth year under the current laws.  Therefore, the           
 ACPE would like to simply convert the maximum the state is willing            
 to allow a student to borrow to a dollar amount and eliminate that            
 problem.                                                                      
                                                                               
 Number 1568                                                                   
                                                                               
 DR. McCORMICK continued that Section 6 seeks to extend the terms of           
 repayment from 10 to 15 years.  In Section 12, the ACPE seeks to              
 extend the period before a loan goes into default from 120 days to            
 180 days.  This will allow two more months for a borrower to work             
 with the ACPE in trying to come up with a revised repayment                   
 schedule.  In this way, the borrower can avoid going into default,            
 having his or her credit ruined and all the other ramifications of            
 default.                                                                      
                                                                               
 DR. McCORMICK said Sections 16, 17 and 21 would allow a student to            
 take out a loan at the same time the family borrows on their                  
 behalf.  The brown briefing document given to HESS Committee                  
 members contains a portfolio analysis in the back.  HESS Committee            
 members could find a chart that reflects that about 32 percent of             
 the ACPE portfolio are students who go out of state for their                 
 education.                                                                    
                                                                               
 DR. McCORMICK said many of those students go to colleges that cost            
 in excess of $20,000 a year in tuition.  Under current Alaska law,            
 that student can get an Alaska student loan for $5,500.  If he/she            
 does so, his/her parent cannot also borrow under the family                   
 education loan program.                                                       
                                                                               
 Number 1619                                                                   
                                                                               
 DR. McCORMICK explained that these sections would correct that.               
 The parent could then borrow $5,500, and the student could borrow             
 $5,500. In that way, at least they would be half way toward paying            
 the tuition of $20,000.                                                       
                                                                               
 DR. McCORMICK reiterated the second objective of HB 257:  To                  
 increase the financial soundness of the ASLP.  Section 5 eliminates           
 a drain on the fund from interest-free deferment period.  It has              
 been estimated the ACPE experiences approximately $4 million in               
 lost revenue as a result of this.  Sections 9 and 13 clarify                  
 existing language in the statute that says the state will pay that            
 interest during deferment periods subject to appropriations.                  
                                                                               
 Number 1649                                                                   
                                                                               
 DR. McCORMICK stated the state has never paid that subsidy, but it            
 has always been in the law that it has the authority to do that.              
 DR. McCORMICK continued by explaining Section 14 allows the ACPE to           
 raise the origination fee from the current 1 percent up to a 5                
 percent maximum.  This is arranged so if the ACPE charged a 5                 
 percent fee on a $50 million group of loans, that would generate              
 $2.5 million annually that the ACPE could use to offset losses due            
 to death, disability and default.  For example, last year the ACPE            
 paid out over $6.8 million in forgiveness benefits.                           
                                                                               
 DR. McCORMICK said Section 17 would deny loans to incarcerated                
 individuals because of their inability to pay.  There was an                  
 amendment in the bill packet.  The Department of Corrections (DOC)            
 was present to testify as to a clarifying amendment.  The ACPE                
 supports that amendment.  The amendment will avoid complicating a             
 court case in which the DOC is currently involved.                            
                                                                               
 Number 1693                                                                   
                                                                               
 DR. McCORMICK said Section 19 gives delinquent loans second                   
 priority for wage garnishment behind child support.                           
                                                                               
 DR. McCORMICK moved onto Objective Three for HB 257:  Improving               
 overall program administration.  In current law, the ACPE must send           
 a certified, registered letter to the borrower prior to his/her               
 going into default.  This is an unnecessary expense.  Section 8               
 eliminates the requirements for a registered letter.  It simply               
 says the borrower "shall be notified by mail" prior to going into             
 default.                                                                      
                                                                               
 DR. McCORMICK said Section 15 reduces the residency requirement               
 from two to one years.  The courts ruled the two-year residency               
 rule unconstitutional.  Therefore, the ACPE was cleaning up the               
 language to reflect that the residency requirement is one year.               
                                                                               
 DR. McCORMICK explained that Section 20 simply brings the teacher             
 scholarship program in line with the ASLP in terms of all these               
 changes.  Section 24 clarifies an issue.  If, by some reason, a               
 student receives a loan when they are not a student, as has                   
 happened on a rare occasion, that is an illegally obtained loan,              
 and the ACPE can demand payment in-full on that loan and not go               
 through a 10-year repayment plan.                                             
                                                                               
 Number 1750                                                                   
                                                                               
 DR. McCORMICK said Section 27 contains technical, cleanup language            
 to bring the statute in compliance with other sections of the bill.           
                                                                               
 DR. McCORMICK said HESS Committee members may have seen the article           
 in the previous Sunday's edition of the Juneau Empire that referred           
 to a Division of Legislative Audit report.  Dr. McCormick wanted to           
 speak on that report.  The report says under a given scenario, the            
 loan fund could lose from $40 million to $60 million by the year              
 2011.                                                                         
                                                                               
 DR. McCORMICK said that report, taken in its full context, simply             
 confirms what has been known for some time about the loan program.            
 It is not actuarily sound.  However, legislators must be mindful of           
 the fact that when the loan program was originally created, it was            
 not created to be actuarily sound.  That must be taken into                   
 account.                                                                      
                                                                               
 Number 1783                                                                   
                                                                               
 DR. McCORMICK continued that the way the program operates today               
 does not cover all the costs associated with the program.  There is           
 an in-school period in which the ACPE does not charge interest.  At           
 the same time, interest is being paid to the bond holders.  The               
 ACPE does not charge interest during the deferment period.  This              
 bill asks that the ACPE be allowed to do that.                                
                                                                               
 DR. McCORMICK said the ACPE absorbs all losses due to death,                  
 default and forgiveness on the loans.  There is no revenue stream             
 to cover that.  Therefore, the ACPE by and large agrees with the              
 findings of the report, and with the recommendations the report               
 makes.                                                                        
                                                                               
 Number 1810                                                                   
                                                                               
 DR. McCORMICK asked HESS Committee members to keep something in               
 mind when they read about the potential for a $60 million loss in             
 that report.  That is a loss after the state of Alaska cashes in an           
 equity of $200 million to $220 million.  That is after all bonds              
 have been paid; all student loans have been retired; all losses to            
 the loan fund from default, death, disability and forgiveness have            
 been accounted for; and then lastly and most important, the state             
 has provided over $900 million to 184,000 Alaskans.  What the state           
 has to show for that is a potential loss of $60 million.                      
                                                                               
 DR. McCORMICK said given all that has been provided over a 30 year            
 period, this is a pretty good program.  It is worth the attention             
 of the legislature.  The ultimate goal of the ACPE is to ensure               
 that this program survives in the future and can be used by future            
 generations of Alaskans.                                                      
                                                                               
 DR. McCORMICK noted that in order to do that, the ACPE is assuming            
 there would never be any general fund support to the ASLP.                    
 Therefore, the ACPE must move the program toward an actuarily sound           
 operating basis.  That is what this bill does.                                
                                                                               
 Number 1870                                                                   
                                                                               
 CO-CHAIR BUNDE offered an analogy with the loan as a five gallon              
 bucket with a pinhole in it.  It is dripping, and there is no                 
 danger of going dry but the drip needs to be addressed.                       
                                                                               
 CO-CHAIR TOOHEY was very encouraged by Dr. McCormick's talk.  She             
 agreed for the need to make the program sound.  She recalled that             
 Dr. McCormick referred to $6.6 million in forgiveness for death or            
 injury.  She asked if there was any way a small insurance policy              
 could be written on the loans.  She asked if larger lending                   
 institutions have such loan guarantees or insurance policies in the           
 event of death.                                                               
                                                                               
 Number 1897                                                                   
                                                                               
 DR. McCORMICK said an insurance premium could be purchased.  The              
 problem is that the premiums would be very high.  It would not be             
 realistic.  Dr. McCormick referred HESS Committee members to page             
 20 in their briefing book, regarding the student loan forgiveness             
 volume over time.  The important thing about that chart is to look            
 at the year 1991.  It looks like 1991 was the peak.  That is when             
 the most is paid out.  The figure is going down gradually.                    
                                                                               
 DR. McCORMICK estimates that the ACPE will pay out not more than              
 $12 million to $16 million more in forgiveness.  The audit report             
 stated that there are only about $150 million left that is even               
 eligible for forgiveness.  Of that $150 million, the ACPE does not            
 estimate more than $12 million or $16 million will actually qualify           
 for forgiveness.  Therefore, actuarily, the amount will continue to           
 decrease.  Dr. McCormick cannot predict, however, when the figure             
 will reach zero.                                                              
                                                                               
 Number 1953                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG asked Dr. McCormick to describe for the               
 committee what happens if a loan under the forgiveness program goes           
 into default.  He asked if that event would accelerate the loan and           
 do away with the forgiveness program.                                         
                                                                               
 DR. McCORMICK said the promissory note signed by borrowers prior to           
 1987 states that if the loan goes into default, the forgiveness               
 provision is lost.  Forgiveness is for loans that are in a current            
 or deferred status.  If the student had applied for forgiveness at            
 that time, it would be granted.                                               
                                                                               
 Number 1984                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG asked if the default provision is strongly            
 enforced.                                                                     
                                                                               
 DR. McCORMICK said currently, it is being strongly enforced.                  
                                                                               
 Number 1991                                                                   
                                                                               
 CO-CHAIR BUNDE had previously served on the Postsecondary Education           
 Commission.  Co-Chair Bunde directed committee members to page 22,            
 regarding the default rate, in the packet handed out by Dr.                   
 McCormick.  Co-Chair Bunde said it is not coincidental that Dr.               
 McCormick's tenure began in 1993, and the default rate decrease               
 began in 1994.  It was pointed out that the state began this                  
 program when Alaska was never going to run out of money.  It was a            
 giveaway program.                                                             
                                                                               
 CO-CHAIR BUNDE was at the University when people would take out a             
 3 percent student loan to buy their car, and pay for their tuition            
 in cash because the loan program was such a good deal.                        
 Additionally, half of the loan would be forgiven.  It was a                   
 wonderfully generous program, and people often did not take their             
 obligation as borrowers seriously.                                            
                                                                               
 CO-CHAIR BUNDE said he has listened to some of the testimony in               
 which people appeal being placed into default.  Some of these                 
 people have loans that were issued as far back as 1977.  Suddenly             
 they are aware they are having problems with their credit rating.             
                                                                               
 Number 2034                                                                   
                                                                               
 CO-CHAIR BUNDE assured HESS Committee members that those in default           
 are now taking their obligations to repay the state more seriously.           
 He said the bill and the ASLP could be tightened up even more by              
 asking for credit checks and co-signers.  However, that would                 
 really inhibit the number of people who could have access to the              
 loan.                                                                         
                                                                               
 CO-CHAIR BUNDE supports what the ACPE is doing--trying to make the            
 program actuarily sound without unduly limiting access to the                 
 loans.                                                                        
                                                                               
 Number 2050                                                                   
                                                                               
 DR. McCORMICK asked Representative Rokeberg to look on page 21 of             
 the budget briefing document.  The top chart was a student loan               
 repayment volume.  That is something that must be monitored very              
 closely in a loan program.  HESS Committee members could see the              
 actual total dollars collected in 1994, $62.9 million, is on an               
 upwards trend.  That is a rapid trend, not a gradual trend.  That             
 is very encouraging in terms of determining the viability of the              
 program.                                                                      
                                                                               
 DR. McCORMICK directed the attention of the HESS Committee members            
 to right below that chart, which regarded the Student Loan                    
 Collection Agency recovery chart.  That showed the actual dollar              
 amount in millions that is being collected from students who have,            
 in fact, defaulted.  He asked HESS Committee members to not be                
 misled by the term "default."  This does not mean the student is              
 not paying or will never pay.  It only means that the ACPE has not            
 quite got to him/her yet.  Those the ACPE has contacted are paying            
 at the shown rate.                                                            
                                                                               
 DR. McCORMICK said page 20 shows the one very unique aspect of the            
 ASLP that is different from any other student loan program in the             
 country.  That is the ability to garnish permanent fund dividends             
 (PFDs).  The chart shows, in millions of dollars, the amount                  
 collected each year since 1987 from the PFD.  That is a very viable           
 source of loan repayments from defaulted borrowers.                           
                                                                               
 Number 2115                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG asked if the garnishments were separate               
 from the collection recoveries.                                               
                                                                               
 DR. McCORMICK answered yes.                                                   
                                                                               
 REPRESENTATIVE DAVIS said page 6, Section 14 reminds him of the               
 price of stamps, going up in small increments constantly.  He asked           
 what the sense was in raising costs little by little, and why not             
 simply raise costs less frequently and by larger amounts.                     
                                                                               
 REPRESENTATIVE DAVIS said the standard student loan is $5,500 for             
 a year, and currently the origination fee is 1 percent.                       
                                                                               
 DR. McCORMICK said therefore, the origination fee on $5,500 is $55.           
                                                                               
 TAPE 95-25, SIDE A                                                            
 Number 000                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG asked from what amount the loan level was             
 being raised.                                                                 
                                                                               
 DR. McCORMICK answered that the loan levels were being raised from            
 $5,500 to $8,500 for undergraduates attending colleges and                    
 universities that offer degrees.  The graduate amount is being                
 raised from $6,500 to $9,500.                                                 
                                                                               
 REPRESENTATIVE ROKEBERG asked if Dr. McCormick and the Chair were             
 comfortable with that level.  He said that is a major increase.               
                                                                               
 DR. McCORMICK agreed.  He said he would not be comfortable with               
 that level of borrowing except for the fact that the risen loan               
 levels have been limited only to degree-granting institutions at              
 the college and university level.  Repayment is far greater at                
 those institutions.  More importantly, those students who attend              
 those institutions also qualify for federal aid.  Therefore, the              
 chance they would borrow the maximum amounts are somewhat                     
 diminished.                                                                   
                                                                               
 DR. McCORMICK said the increases are in-line with current borrowing           
 levels in other federal programs that students have available to              
 them.                                                                         
                                                                               
 Number 106                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG asked Dr. McCormick if he knew what the               
 tuition and costs, excluding room and board, are for the University           
 of Alaska Anchorage or Fairbanks.                                             
                                                                               
 DR. McCORMICK said the school catalogs estimate around $9,500 for             
 9 months for a single student living off-campus.  However, he could           
 be off by about $1,000 a year.  He said that includes room and                
 board.                                                                        
                                                                               
 CO-CHAIR BUNDE asked if that included the new tuition increase.               
                                                                               
 DR. McCORMICK said the resident undergraduate budget, including               
 tuition fees, room and board, books and supplies, and                         
 transportation for a student living on-campus is $9,100 for 9                 
 months.  For a student living off-campus, the amount is $14,000.              
 That is a considerable difference.  Those figures are for the                 
 University of Alaska Fairbanks (UAF).  The figures for the                    
 University of Alaska Southeast (UAS) is $8,300 for on-campus, and             
 $9,900 for off-campus.                                                        
                                                                               
 DR. McCORMICK said the figures for the University of Alaska                   
 Anchorage (UAA) are $13,000 for 9 months following spring for a               
 full-time student living away from home.                                      
                                                                               
 Number 272                                                                    
                                                                               
 CO-CHAIR BUNDE said he shares the concerns of Representative                  
 Rokeberg.  Students can, conceivably, graduate from college with a            
 $40,000 debt.  Graduating from college now with that large a debt             
 by going to school in the Lower 48 is the price of doing business.            
 However, Co-Chair Bunde hopes there is a very clear message being             
 sent to students that this is a business transaction, not a                   
 giveaway.  Students should only borrow what they absolutely need.             
                                                                               
 REPRESENTATIVE ROKEBERG asked Dr. McCormick if the ASLP is able to            
 provide loans for all applicants during the fiscal year.                      
                                                                               
 DR. McCORMICK answered by saying historically, the program has been           
 able to provide all qualified applicants with a loan.  The program            
 processed and funded all eligible applications.  The ACPE                     
 anticipates another sizeable jump, if this bill passes, in the loan           
 volume for next year.  That would go into the calculations of the             
 ACPE to determine how much additional bond money should be issued             
 in 1995.                                                                      
                                                                               
 DR. McCORMICK said those numbers are being worked on now.  The                
 underwriter and financial advisor of the ACPE are working with the            
 ACPE, making assumptions on the volume of the loans if the bill               
 passes and if it does not pass.                                               
                                                                               
 REPRESENTATIVE ROKEBERG asked why there would be a jump.                      
                                                                               
 Number 400                                                                    
                                                                               
 DR. McCORMICK answered that if the loan amount is increased, that             
 alone will increase the loan volume somewhat.  In addition, the               
 University of Alaska system has grown every year for the last five            
 years.  It has seen an increase in student population.  If                    
 enrollment increases are assumed, along with increases in loan                
 amounts that students can borrow, an increase in the actual lended            
 dollars can be anticipated.                                                   
                                                                               
 DR. McCORMICK said the part the ACPE cannot calculate with any                
 degree of certainty is how much that will be.                                 
                                                                               
 CO-CHAIR BUNDE said last year, in the continuing attempt to make              
 the loan program more actuarily sound, a bill was passed that                 
 pegged the interest rate to the cost of borrowing money.  This is             
 because in the past the ACPE was charging students 8 percent                  
 interest.  If one factors in 5 years of interest-free money, the              
 state was borrowing money at 6 percent and charging only 4 or 5               
 percent.  Therefore, some progress is being made.                             
                                                                               
 Number 491                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG expressed concern about the cumulative                
 totals a person can borrow.  A person can borrow up to $79,000 in             
 graduate school.  That is a lot of money.  He asked Dr. McCormick             
 to explain again about the "family" provisions of the bill.                   
                                                                               
 DR. McCORMICK replied under current law, there are two types of               
 loans in the ASLP.  This is in Section 16 of the bill.  An                    
 undergraduate can borrow $5,500.  There is also a provision in the            
 law that the parent of that child can borrow $5,500 under the ASLP            
 rules and regulations.  However, that parent cannot borrow for                
 their child at the same time a child borrows for an ASLP.                     
                                                                               
 DR. McCORMICK said therefore, the current law reads that one or the           
 other has to take out the loan.  HB 257 is advocating being more              
 responsive to parents, students and the higher cost of tuition.               
 Where the total cost of education will justify it, the child and              
 parent can both borrow $5,500 for those families that have children           
 at a high-cost school.  That is what Section 16 does, is allow that           
 to happen.                                                                    
                                                                               
 Number 649                                                                    
                                                                               
 CO-CHAIR BUNDE said the reason there are two different loans is               
 because a parent is a more secured borrower, they are able to                 
 borrow money at a lower interest rate.  The student has a higher              
 interest rate.  Some parents choose to put the loan in their name             
 rather than have the student apply for the loan.  Other young                 
 people are not so closely connected with their family, and have to            
 do it on their own.                                                           
                                                                               
 REPRESENTATIVE ROKEBERG wanted to know what happens if a person has           
 two children in college.  He asked how much the parent could then             
 borrow.                                                                       
                                                                               
 DR. McCORMICK said the limit is the cost of attendance.  If the               
 student is going to UAF, and is single and living on-campus, and              
 the cost of attendance certified by the institution is $9,000, if             
 the student borrows $5,500 under the ASLP, this provision would               
 only allow the parent to borrow $3,500 because the loan could not             
 exceed the total cost of attendance.                                          
                                                                               
 Number 709                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG asked if the ASLP was going to loan the               
 entire cost of an education.                                                  
                                                                               
 DR. McCORMICK said the provision would allow for that.                        
                                                                               
 REPRESENTATIVE ROKEBERG said he found that very hard to take.                 
                                                                               
 CO-CHAIR BUNDE said this is not a new concept.  When one could                
 attend UAA for $5,500, people were borrowing $5,500.                          
                                                                               
 REPRESENTATIVE ROKEBERG wished someone had loaned him all his money           
 to go to school.                                                              
                                                                               
 CO-CHAIR BUNDE said it used to be that working through the summer             
 could pay tuition.  It is beyond that point now.                              
                                                                               
 Number 763                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG asked if it would be conceivable under this           
 Section to borrow up to $17,000.  Dr. McCormick answered yes.                 
 Representative Rokeberg also asked about the final gross amount.              
                                                                               
 DR. McCORMICK said there is a gross amount a person cannot exceed             
 in total as an undergraduate.  That is around $42,000.  The gross             
 amount for graduate students is around $47,000.                               
                                                                               
 REPRESENTATIVE ROKEBERG asked if that was a cap, and Dr. McCormick            
 answered yes.  He said there is no way to get around that cap.                
 Representative Rokeberg said there are two loans, the family loan             
 and the student loan.  He asked how the cap works in that case.  He           
 said it is conceivable that a student could rack up a $160,000                
 loan.                                                                         
                                                                               
 DR. McCORMICK said he would have to get back to Representative                
 Rokeberg on that topic.  He knew the cap applied to the student,              
 but he did not know how it applied to the borrowing parent.                   
                                                                               
 Number 850                                                                    
                                                                               
 GILLIAN HAYES, Executive Assistant to Dr. McCormick, ACPE, asked if           
 Representative Rokeberg was asking if the family education loan               
 also has a dollar cap.  However, the loan is taken out by another             
 person.  It is taken out by the parent or spouse.  That is another            
 issue in which the family education loan limit would go up to                 
 $37,500.                                                                      
                                                                               
 CO-CHAIR BUNDE said the bottom line was if a student and a family             
 member wanted to borrow the maximum, they could borrow an excess of           
 $70,000.  That would include the student cap plus the family cap.             
                                                                               
 REPRESENTATIVE ROKEBERG said the student can borrow more if they go           
 to graduate school.                                                           
                                                                               
 DR. McCORMICK said again that he would like to get back to                    
 Representative Rokeberg on those caps.  He is not sure how the cap            
 numbers apply to the payment of the education loan.  He does not              
 know if they are treated separately or if they are treated                    
 inclusively.                                                                  
                                                                               
 DR. McCORMICK asked Representative Rokeberg to consider something             
 when looking at the caps and what people borrow.  Students are                
 borrowing money on their future earnings to pay the total costs of            
 education.  Based on the way the program will be administered, they           
 are not going to be subsidized at all.  They will pay the total               
 cost of loan interest.                                                        
                                                                               
 DR. McCORMICK shares the concerns of Representative Rokeberg in               
 some ways.  In other ways, the loans are more of a family decision.           
 They need to decide how much they need to borrow for the                      
 opportunity to attend the institution they have chosen.  This bill            
 provides families with more flexibility to make those kinds of                
 decisions.                                                                    
                                                                               
 Number 964                                                                    
                                                                               
 CO-CHAIR BUNDE pointed out that currently the state invests                   
 $160,000 a year in each of its medical students.  That is after a             
 four-year graduate degree.  The sums being spoken of for graduate             
 study are calculated.  It is a judgement that must be made--will he           
 or she make enough money to make it worthwhile.                               
                                                                               
 REPRESENTATIVE ROKEBERG said the state must make that calculated              
 judgement also.                                                               
                                                                               
 CO-CHAIR BUNDE said he does not have any discomfort at all, because           
 the students are responsible for the money.  The recovery rate is             
 going very well.                                                              
                                                                               
 CO-CHAIR TOOHEY asked if the parent's loan is backed by any type of           
 collateral.                                                                   
                                                                               
 DR. McCORMICK said it is not a collateralized loan.  However, it is           
 a loan in which repayment begins within 60 days of the date that              
 the loan originated.  That is a big difference from the student               
 loan.  The student loan repayment will not begin until six months             
 after they have left school.  The borrowing parents, however, must            
 start making payments within 60 days of the date they receive the             
 funds.                                                                        
                                                                               
 Number 1055                                                                   
                                                                               
 CO-CHAIR TOOHEY appreciated the bill, and said she is totally                 
 comfortable with it because the state cannot give enough to educate           
 its children.  She stressed to Representative Rokeberg that the               
 money is a loan.                                                              
                                                                               
 REPRESENTATIVE ROKEBERG asked about the delinquency rate.                     
                                                                               
 DR. McCORMICK said it is 19 percent.  The rate is decreasing,                 
 however, the current rate is still unacceptable.  The rate must               
 come down.                                                                    
                                                                               
 Number 1093                                                                   
                                                                               
 CO-CHAIR BUNDE said two amendments had been offered.  The first               
 page was called amendment one.  He asked Dr. McCormick if that was            
 different from the second page that concerns people in jail.  Dr.             
 McCormick answered yes.  Co-Chair Bunde said he would like to deal            
 with amendment one first.                                                     
                                                                               
 REPRESENTATIVE ROBINSON said that she has a close-out at 4:00 p.m.            
                                                                               
 CO-CHAIR BUNDE said if HESS Committee members were speedy, they               
 could finish the meeting by 4:00 p.m.                                         
                                                                               
 CO-CHAIR TOOHEY moved the amendment.                                          
                                                                               
 CO-CHAIR BUNDE asked Dr. McCormick to speak to the amendment.                 
                                                                               
 DR. McCORMICK said the amendment simply changes the words                     
 "guarantee fee" to the correct term of "origination fee."  These              
 loans are not guaranteed by anyone.                                           
                                                                               
 CO-CHAIR BUNDE asked for questions about and objections to the                
 amendment.  Hearing none, amendment one was adopted.                          
                                                                               
 Number 1176                                                                   
                                                                               
 CO-CHAIR BUNDE brought up amendment two, and Co-Chair Toohey moved            
 the amendment.  Co-Chair Bunde objected for purposes of discussion.           
                                                                               
 JERRY SHRINER, Special Assistant, Department of Corrections (DOC),            
 said the amendment to Section 17 is important to the DOC because              
 the state of Alaska is party to an agreement called the Cleary Fair           
 Settlement Agreement.  In part, that agreement requires the state,            
 through the DOC, to provide a variety of rehabilitative programs to           
 inmates.  Education is one of these rehabilitative programs.  The             
 good news is that almost none of the inmates have received a loan             
 from ACPE.                                                                    
                                                                               
 MR. SHRINER said these loans are not unheard of, but they are                 
 extremely rare.  This language would not require postsecondary                
 education to make any loans to inmates.  It only means that legally           
 and constitutionally inmates have access to the same programs of              
 the state that other individuals have who are not incarcerated.               
 The amendment also provides a level of insurance which is necessary           
 in the sense that if the inmates did not have technical access to             
 the loan program, an inmate could, at some future date, go back               
 into superior court and allege that the state acted in bad faith              
 with respect to the Cleary Fair Settlement Agreement in taking away           
 a right that was available to them at the time the act was entered            
 into.                                                                         
                                                                               
 MR. SHRINER summarized by saying inmates get almost nothing out of            
 the amendment.  The DOC is concerned that it could end up spending            
 a lot of money in legal fees if inmates do not have at least                  
 technical access to the loans.                                                
                                                                               
 Number 1290                                                                   
                                                                               
 CO-CHAIR TOOHEY said she cannot understand the last part of the               
 amendment.  She also said that the entire bill assumes that people            
 are borrowing on their future earnings.  She asked how someone                
 incarcerated for 30 years will pay off the loan.                              
                                                                               
 MR. SHRINER said the language of the amendment would make it such             
 that an inmate would not be eligible for a loan unless they were to           
 be released within six months of the time the educational program             
 was completed.                                                                
                                                                               
 CO-CHAIR BUNDE asked if that applies to the six-month grace period            
 for all borrowers.  Dr. McCormick said the ACPE supports the                  
 amendment.                                                                    
                                                                               
 CO-CHAIR BUNDE asked if the ACPE was amenable to a small amendment.           
 He said no one is going to get a job the day they get out of jail.            
 He asked if the amendment could be changed to say the inmate's                
 release date is no more than two months after the program is                  
 completed.  That gives the inmates four months to find a job after            
 they are out.                                                                 
                                                                               
 Number 1353                                                                   
                                                                               
 DR. McCORMICK said the six months referred to in amendment two is             
 the point in time the inmate is eligible to receive a loan.  An               
 inmate cannot receive a loan until he or she is within six months             
 of a release date.                                                            
                                                                               
 CO-CHAIR BUNDE said he had misunderstood the amendment entirely.              
 He read, "a person's scheduled release date is more than six months           
 after the scheduled completion date of the career education or                
 degree program for which the loan was requested."                             
                                                                               
 MR. SHRINER said Co-Chair Bunde was correct, and Dr. McCormick                
 noted he was mistaken.  Mr. Shriner understood the amendment as               
 referring to a person who has four years to serve, and who wants to           
 get into a two-year degree program while in prison.  If he/she                
 wants to have the educational program completed by the time he/she            
 gets out of prison, the person can start borrowing money four years           
 and six months ahead of his/her release date.  If a person has five           
 years left to serve in a sentence, and it takes him/her four years            
 to complete the educational program participating half-time, he/she           
 can start borrowing money four-and-one-half years short to pay the            
 course fees.  That money can be borrowed up until the educational             
 program is completed, which is six months prior to his/her release            
 date.                                                                         
                                                                               
 MR. SHRINER said this addresses the concern of Co-Chair Bunde.  He            
 said the terms should be two months of the release date so the                
 person has four months on the outside to get a job.                           
                                                                               
 CO-CHAIR BUNDE said under the current amendment, the person would             
 have to begin making payments the day he or she is released from              
 jail.  That puts the person into default immediately and undermines           
 the program.                                                                  
                                                                               
 MR. SHRINER did not see a problem with the amendment.                         
                                                                               
 REPRESENTATIVE ROBINSON reminded HESS Committee members that she              
 had to leave the meeting soon.                                                
                                                                               
 Number 1437                                                                   
                                                                               
 REPRESENTATIVE DAVIS said the amount of money an inmate is                    
 borrowing would be less than the average borrower.  The inmate's              
 room and board is paid.                                                       
                                                                               
 CO-CHAIR BUNDE proposed an amendment to amendment two that replaced           
 the words "six months" with "two months."  There was no objection             
 to the amendment to the amendment.  The new intent of amendment two           
 is to provide the ex-inmate with about four months to find a job so           
 repayment can begin.  Co-Chair Bunde removed his objection to                 
 amendment two, and asked if there were further objections.                    
                                                                               
 Number 1500                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG objected to the amendment.  He said he                
 would vote against this amendment because he is a member of the               
 House Budget Subcommittee on Corrections and he has a problem with            
 the Cleary Settlement and the policy being established.                       
                                                                               
 CO-CHAIR BUNDE said he shares the concerns, however, the fear of              
 future litigation will keep him from voting against the amendment.            
                                                                               
 A roll call vote was taken.  Voting "yes" on the amendment was                
 Representatives Davis, Toohey, and Robinson.  Voting "no" were                
 Representatives Rokeberg and Bunde.   The amendment passed.                   
                                                                               
 CO-CHAIR TOOHEY moved HB 257 as amended be passed from the HESS               
 Committee with individual recommendations and accompanying fiscal             
 notes.                                                                        
                                                                               
 REPRESENTATIVE ROKEBERG objected.  He said he is concerned about              
 the amount of money that can be borrowed, and the family loans.  He           
 is concerned about how those amounts can affect the actuary health            
 of the ASLP.                                                                  
                                                                               
 CO-CHAIR BUNDE noted his concern, and said people are not required            
 to take the loans.  Some people make bad judgments, however.                  
                                                                               
 A roll call vote was taken.  Voting "no" was Representative                   
 Rokeberg.  Voting "yes" were Representatives Toohey, Bunde,                   
 Robinson, and Davis.  HB 257 passed from the HESS Committee.                  

Document Name Date/Time Subjects