Legislature(1999 - 2000)

03/30/2000 03:07 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HB 373 - STUDENT LOAN CORP PAYMENTS TO STATE                                                                                  
                                                                                                                                
Number 0031                                                                                                                     
                                                                                                                                
CHAIRMAN  DYSON announced  the first  order of  business as  House                                                              
Bill No. 373,  "An Act relating to return of  contributed capital,                                                              
or payment of a dividend, to the  state by the Alaska Student Loan                                                              
Corporation; and providing for an effective date."                                                                              
                                                                                                                                
Number 0093                                                                                                                     
                                                                                                                                
DIANE   BARRANS,   Executive  Director,   Alaska   Commission   on                                                              
Postsecondary   Education,  Department   of   Education  &   Early                                                              
Development, came forward to testify.   She explained she had sent                                                              
the committee members a letter dated  March 6 which answered their                                                              
previous questions  and a memo dated  March 20 which  responded on                                                              
the issue of garnishing Native corporation  dividends for repaying                                                              
student loans.   The Attorney  General's office believes  that the                                                              
Alaska  Student  Loan  Corporation  is  unable  to  attach  Native                                                              
corporation dividends  mainly because of the Doyon  decision which                                                            
prevented  attachment of  Native corporation  dividends for  child                                                              
support.                                                                                                                        
                                                                                                                                
CHAIRMAN DYSON  asked Ms. Barrans  to review her responses  in her                                                              
letter of March 6 for the committee.                                                                                            
                                                                                                                                
Number 0224                                                                                                                     
                                                                                                                                
MS. BARRANS referred to Representative  Kemplen's question [in the                                                              
last hearing] about  the use of current year net  income to offset                                                              
the revenues  expected from prior  loans.  She had  indicated that                                                              
the corporation could  not reduce expected income  on the existing                                                              
loans  by  prior  year  income  because   of  the  bond  indenture                                                              
covenants.  She indicated in her  letter that in the corporation's                                                              
official statement that could not  be done without violating those                                                              
bonds.                                                                                                                          
                                                                                                                                
MS. BARRANS indicated  that the next issue was the  ability to use                                                              
the  funds that  are  being proposed  to return  to  the state  to                                                              
further reduce future interest.   Due to the way in which interest                                                              
rates  are  calculated,  recycling  the small  amount  of  capital                                                              
proposed  for payment  to the  state would  not measurably  affect                                                              
that rate.  It is a small amount  of money in terms of the way the                                                              
interest rate  is calculated.  The  interest rate is set  based on                                                              
the cost of money on all outstanding  bonds and the administrative                                                              
cost of the  program.  It is  based on the recent history  of what                                                              
is paid for the  program which includes losses  due to bankruptcy,                                                              
death and disability.  Those costs  are loaded into the formula to                                                              
determine the  interest rates on new  loans.  The amount  of money                                                              
in HB 373 would not materially affect that rate.                                                                                
                                                                                                                                
CHAIRMAN DYSON  noted that the corporation's mission  statement is                                                              
to  continue reducing  the  interest  rates to  ensure  affordable                                                              
education to residents.                                                                                                         
                                                                                                                                
Number 0393                                                                                                                     
                                                                                                                                
MS. BARRANS responded that the corporation  expects to continue to                                                              
reduce those  rates.  The  rates have  been reduced by  .3 percent                                                              
for 2000-2001,  and the  corporation would  expect to continue  to                                                              
pass on future  reductions of the cost of running  the program and                                                              
reduce rates for borrowers.                                                                                                     
                                                                                                                                
MS. BARRANS  pointed out  in the  balance of  the response  in her                                                              
letter, she  gave a  little bit  of the  context that the  board's                                                              
discussion  was in  terms  of why  it  wanted to  do  what HB  373                                                              
proposes   to  do.     The  corporation's   fiscal  standing   has                                                              
effectively  been stabilized,  and  its credit  standing has  been                                                              
upgraded from  A to AA; interest  rates have been reduced  for the                                                              
past two  years; the  fund equity  deficient has  continued  to be                                                              
reduced.   The bill is the  fourth step in the  board's priorities                                                              
to begin  to return some of  the contributed capital to  the state                                                              
who was the original financing source.                                                                                          
                                                                                                                                
Number 0484                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL asked Ms.  Barrans to review what the total                                                              
payout  and the  time  for  payout would  be  on the  fund  equity                                                              
deficit.                                                                                                                        
                                                                                                                                
Number 0501                                                                                                                     
                                                                                                                                
MS. BARRANS  referred to two charts  that project the  fund equity                                                              
deficit for five  years into the future.  Projections  beyond that                                                              
have not  been done.   The  first chart  reflects the  accumulated                                                              
deficit of  fund equity.   It starts  with FY  1995 and  shows the                                                              
balance of  the original $306  million contributed of  each fiscal                                                              
year.  The fund equity dropped until  FY 1997, leveled off and now                                                              
has started to grow back as net incomes  are achieved on an annual                                                              
basis.  In  FY 1999, there was  an appreciable net income  of $6.4                                                              
million.   The  projected  net income  expects  to  show that  the                                                              
accumulated net deficit  will be cut in half by FY  2004 from what                                                              
it was in FY 1997.  The second graph  illustrates what the project                                                              
income is expected to be over the next several years.                                                                           
                                                                                                                                
MS. BARRANS  reminded the committee  these are projected  numbers.                                                              
They   are  based   on  historical   loss   provisions  that   are                                                              
recalculated  on an  annual basis.   These  projections are  quite                                                              
conservative.    The  corporation  expects  to  experience  better                                                              
numbers than these, but based on  past experience, the corporation                                                              
has to take a conservative approach to estimating those numbers.                                                                
                                                                                                                                
Number 0712                                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE asked what the  difference is between FY 1999                                                              
and FY  2000 and what  is considered  the purpose of  the dramatic                                                              
projected decrease between  FY 1999 and FY 2001 and  then a steady                                                              
increase.                                                                                                                       
                                                                                                                                
Number 0743                                                                                                                     
                                                                                                                                
SHEILA  KING,   Finance  Officer,  Division  of   Finance,  Alaska                                                              
Commission on  Postsecondary Education, Department  of Education &                                                              
Early  Development, came  forward  to reply.    She explained  the                                                              
difference  is in  the interest  income projections.   The  income                                                              
projections used in  this scenario are calculated  by Smith Barney                                                              
and use  the latest cash  flows.  Smith  Barney considers  all the                                                              
defaults to happen  in the first three years of  those projections                                                              
so these  numbers are much  more conservative.   In FY  1999 there                                                              
was actually  $33 million of interest  income and in FY  2000, $30                                                              
million is being  projected.  More than that is  expected, but the                                                              
best estimate  used for  these projections  were the Smith  Barney                                                              
cash flows.                                                                                                                     
                                                                                                                                
MS. BARRANS told Representative Brice  that the $4.7 million is an                                                              
estimate.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  BRICE wondered why  there is the  big spike  in FY                                                              
1999 and  then the leveling  off and  if there is an  attributable                                                              
purpose to that.                                                                                                                
                                                                                                                                
MS. BARRANS replied  the interest that is charged  on the loans is                                                              
also being reduced.  The interest  earnings on those loans will go                                                              
down.                                                                                                                           
                                                                                                                                
REPRESENTATIVE KEMPLEN  asked where the $600,000  that is referred                                                              
to in  the fiscal  note is in  the chart  attached to Ms.  Barrans                                                              
letter dated March 6.                                                                                                           
                                                                                                                                
MS. KING  said the  number used  to calculate  the impact  on that                                                              
income was the  higher number, $2.2 million and  not the $600,000.                                                              
That money  does not  come out  of net  income; only the  interest                                                              
effect of sending that money out affects net income.                                                                            
                                                                                                                                
REPRESENTATIVE  KEMPLEN  asked how  big  of  a dividend  could  be                                                              
coming out of the student loan corporation  into the general fund.                                                              
                                                                                                                                
MS. KING replied that these projections  are conservative, but she                                                              
doesn't have a number  for what the dividend is going  to be.  The                                                              
parameters  set  by   the  legislation  were  set   to  allow  the                                                              
corporation to work towards all of the goals.                                                                                   
                                                                                                                                
REPRESENTATIVE KEMPLEN  asked Ms.  Barrans if the  board discussed                                                              
this  dividend  payment to  the  general  fund  and if  the  board                                                              
examined the tradeoff  between giving the general  fund a dividend                                                              
and  putting  in a  loan  program  that would  provide  additional                                                              
incentives or make it easier for Alaskans to get an education.                                                                  
                                                                                                                                
Number 1233                                                                                                                     
                                                                                                                                
MS. BARRANS noted  that there was discussion about  that; however,                                                              
the  discussion really  focused  on the  existing  programs.   She                                                              
explained  that there are  two boards  that she  reports to:   the                                                              
corporation board, that has the fiduciary  responsibility, and the                                                              
Alaska Commission on Postsecondary  Education board.  Those boards                                                              
share two  members in common.   The corporation board was  the one                                                              
who voted to  recommend that HB 373 come forward.   The commission                                                              
has been advised of it but has not  taken a position on this bill.                                                              
The corporation set the priorities  that she outlined in page 2 of                                                              
her  March  6   letter.    The  discussion  centered   around  the                                                              
priorities that were  set; there was no material  discussion about                                                              
using  the  net income  of  the  corporation  for other  types  of                                                              
programs.     There  was   general  discussion   about  what   the                                                              
legislature  and the  administration might  want to  do with  that                                                              
general fund money once it was returned  to the state, but that is                                                              
really where  the conversation  ended.  At  the last  meeting, the                                                              
Governor  said  he would  like  to  use the  returned  contributed                                                              
capital to fund the Alaska Scholars  program.  The board felt that                                                              
was a policy  call that it was not interested  in becoming engaged                                                              
in.                                                                                                                             
                                                                                                                                
MS. BARRANS further  explained that the commission  has a somewhat                                                              
different role; it authorizes schools  to operate in the state and                                                              
it oversees the staff who manage  the program.  The commission has                                                              
not taken an official position on HB 373.                                                                                       
                                                                                                                                
Number 1453                                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE made a motion  to move HB 373 with individual                                                              
recommendations  and  attached  fiscal   note.    There  being  no                                                              
objection,  HB 373  moved  from the  House  Health, Education  and                                                              
Social Services Standing Committee.                                                                                             
                                                                                                                                

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