Legislature(2009 - 2010)BELTZ 211

03/23/2009 08:00 AM Senate EDUCATION


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08:04:31 AM Start
08:04:44 AM HB109
08:16:10 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 109 EDUC. LOANS: SUPPLEMENTAL & FAMILY TELECONFERENCED
Moved HB 109 Out of Committee
Bills Previously Heard/Scheduled
           HB 109-EDUC. LOANS: SUPPLEMENTAL & FAMILY                                                                        
                                                                                                                                
8:04:44 AM                                                                                                                    
CHAIR DAVIS announced consideration of HB 109.                                                                                  
                                                                                                                                
8:04:57 AM                                                                                                                    
KATIE  KOESTER, Staff  to  Representative  Seaton, presented  the                                                               
sponsor statement.  HB 109  addresses the  problem of  the Alaska                                                               
Commission on Postsecondary Education's  (ACPE) inability to sell                                                               
bonds  to generate  money for  student loans.  It was  brought to                                                               
Representative Seaton and the House  Education Committee by Diane                                                               
Barrans, Director of ACPE.                                                                                                      
                                                                                                                                
HB 109  requires that borrowers  have good credit or  a co-signer                                                               
with  good credit  to  get  an Alaska  Student  Loan,  and it  is                                                               
important to note that this  only applies to Alaska Student Loans                                                               
called  Alternative  Education  Loans;   it  does  not  apply  to                                                               
federally guaranteed loans such as the Stafford Loan.                                                                           
                                                                                                                                
Currently,  a borrower  can get  an Alaska  Student Loan  just as                                                               
long as  he or she  does not have bad  credit. This means  that a                                                               
borrower with no credit can still get a loan.                                                                                   
                                                                                                                                
8:05:49 AM                                                                                                                    
SENATOR OLSON joined the meeting.                                                                                               
                                                                                                                                
MS. KOESTER continued; if a  borrower has no credit, investors in                                                               
the  current fiscal  climate are  not willing  to back  the loan.                                                               
Consequently, ACPE  cannot use  the loans  as they  are currently                                                               
structure  as  collateral  to  fund  the  program.  Without  this                                                               
change,  ACPE will  either be  forced to  stop lending  to Alaska                                                               
students or the  state will have to directly fund  the program to                                                               
the tune of $40 or $50 million in general fund dollars.                                                                         
                                                                                                                                
MS. KOESTER  said HB 109  also changes the Family  Education Loan                                                               
(FEL),  which allows  a  family  member to  borrow  on behalf  of                                                               
another family member. The rate is  currently set in statute at 5                                                               
percent;  this  would give  the  Alaska  Student Loan  Commission                                                               
(ASCL) the flexibility to set  that rate according to the current                                                               
fiscal environment, not to exceed 8.25 percent.                                                                                 
                                                                                                                                
She advised that the committee  members' packets should contain a                                                               
sponsor statement, fiscal  note, some bullet points  that go into                                                               
more detail,  some articles about  how this problem  is affecting                                                               
student loan  corporations across  the state and  explanations of                                                               
the various loans that this bill will affect.                                                                                   
                                                                                                                                
8:07:30 AM                                                                                                                    
SENATOR HUGGINS said  he was looking through the  ACPE Quick Loan                                                               
Comparison charts included  with her handouts and  had a question                                                               
about  the   one  showing  the  2008-2009   interest  rates  with                                                               
benefits. He pointed to footnote  3 on the annual percentage rate                                                               
for  the Family  Education Loan,  which shows  a higher  rate and                                                               
asked if she can explain the differences between the two rates.                                                                 
                                                                                                                                
MS. KOESTER said that the best  person to describe the details of                                                               
this chart would be the executive director.                                                                                     
                                                                                                                                
SENATOR HUGGINS thanked her.                                                                                                    
                                                                                                                                
8:08:21 AM                                                                                                                    
SENATOR OLSON asked what prompted  Representative Seaton to bring                                                               
this legislation  forward and if  a large number of  students who                                                               
cannot finance their educations have been contacting his office.                                                                
MS. KOESTER  answered that  Ms. Barrans  contacted Representative                                                               
Seaton's  office  to  discuss  her   concern  about  keeping  the                                                               
commission running.                                                                                                             
                                                                                                                                
SENATOR OLSON  opined that  this is more  of a  preemptive strike                                                               
than a response to an immediate situation.                                                                                      
                                                                                                                                
MS. KOESTER said yes, but just  barely; Ms. Barrans has been told                                                               
by a  number of investors  and potential investors that  there is                                                               
no way  they can  back the commission's  bonds. Students  will be                                                               
applying  for loans  soon, and  the commission  can't accept  new                                                               
applications because of the current problem.                                                                                    
                                                                                                                                
8:09:30 AM                                                                                                                    
CHAIR  DAVIS  recalled  the  recent  legislation  passed  by  her                                                               
committee which  provided for the  Department of Revenue  to back                                                               
ACPE  bonds; she  asked Ms.  Barrans exactly  what this  piece of                                                               
legislation will do for them for the next school term.                                                                          
                                                                                                                                
8:09:55 AM                                                                                                                    
DIANE   BARRANS,  Executive   Director,   Alaska  Commission   on                                                               
Postsecondary Education,  responded that student loans  have been                                                               
subject  to the  same  kind  of skepticism  and  concern that  is                                                               
related to  subprime mortgages,  a residual  effect on  any asset                                                               
that doesn't have a particular  credit standard applied to it. In                                                               
the past, the  commission has been able to use  its loans to back                                                               
bonds with  the modest  credit criteria that  have been  in place                                                               
since 1998, but ACPE has  been advised by potential bank partners                                                               
as well  as rating agencies  and insurers that the  current loans                                                               
will not  be considered adequate  collateral. One bank  that they                                                               
had hoped  to partner  with indicated that,  at best,  they would                                                               
value these loans at 50 percent of their face value.                                                                            
                                                                                                                                
With  respect to  Senator Davis's  question  regarding the  other                                                               
bill that was before the committee,  the commission needs to do a                                                               
variety of  things this year  in order  to finance loans  for the                                                               
2009/10 school  year. There  currently is not  a market  in which                                                               
they  can  issue  bonds,  regardless  of  the  quality  of  their                                                               
collateral; the  price of  issuing bonds at  this time  would not                                                               
allow  them to  make low-cost  loans. So  the bill  the committee                                                               
heard  earlier is  to allow  interim financial  support from  the                                                               
State  of Alaska  working in  partnership with  the Student  Loan                                                               
Corporation. Even  with that  support, when  they issue  bonds in                                                               
the future, while  the federally guaranteed student  loans can be                                                               
used  as  collateral  because  of  the  federal  guaranty,  these                                                               
alternative state loans could not  be effectively used because of                                                               
the lack of credit quality.                                                                                                     
                                                                                                                                
8:12:37 AM                                                                                                                    
CHAIR  DAVIS asked  if the  rate  on the  Family Education  Loans                                                               
would go up to 8.25 percent immediately.                                                                                        
                                                                                                                                
MS. BARRANS  answered no; they would  expect it to be  set at the                                                               
same rate  they charge on  the state alternative loans,  which is                                                               
7.3 percent. With  that rate they offer some  credit and benefits                                                               
that  can  drive  the  rate down  lower,  depending  on  borrower                                                               
choices. For  example, if students  attend school in  Alaska they                                                               
get a  discount; if they  are in  repayment and use  an automated                                                               
payment method they can also get a rate reduction.                                                                              
                                                                                                                                
8:13:39 AM                                                                                                                    
SENATOR HUGGINS  said, while the  committee is supportive  of the                                                               
educational loan program, there is some  risk to the state in the                                                               
present environment. He asked if that is an accurate statement.                                                                 
                                                                                                                                
MS. BARRANS  asked if he  means there is  some risk based  on the                                                               
changes represented by this bill.                                                                                               
                                                                                                                                
SENATOR HUGGINS clarified  that he is referring to  the fact that                                                               
the state has agreed to back the loans.                                                                                         
                                                                                                                                
MS.  BARRANS  agreed that  under  the  legislation the  committee                                                               
heard previously, the state will bear some risk.                                                                                
                                                                                                                                
SENATOR HUGGINS  observed that the  state is  providing financial                                                               
backing  for  a  number  of  things, and  that  could  present  a                                                               
frightening scenario at  some point in time if  things don't turn                                                               
around.                                                                                                                         
                                                                                                                                
8:14:36 AM                                                                                                                    
MS.   KOESTER  thanked   the  committee   for   taking  up   this                                                               
legislation.  She said  that Representative  Seaton is  concerned                                                               
about the  state placing any  limitations on borrowers,  but that                                                               
this is a needed change to lending for students in Alaska.                                                                      
                                                                                                                                
8:15:08 AM                                                                                                                    
CHAIR DAVIS closed public testimony on HB 109.                                                                                  
                                                                                                                                
SENATOR  OLSON  moved  to  report  HB  109  from  committee  with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being no objection, the motion carried.                                                                                         
                                                                                                                                

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