Legislature(2003 - 2004)

03/06/2003 09:04 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     CS FOR SENATE BILL NO. 25(HES)                                                                                             
     "An Act relating  to the teachers' housing loan  program in the                                                            
     Alaska  Housing  Finance  Corporation;  and  providing  for  an                                                            
     effective date."                                                                                                           
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair Wilken informed  he has prepared a committee substitute for                                                            
consideration.                                                                                                                  
                                                                                                                                
SHEILA   PETERSON,  Staff   to   Co-Chair  Wilken,   asserted   this                                                            
legislation  "is about recruiting  and retaining  the best  teachers                                                            
possible for our students."  She read the sponsor statement into the                                                            
record as follows.                                                                                                              
                                                                                                                                
     Senate  Bill 25 establishes a  housing loan program  within the                                                            
     Alaska  Housing   Finance  Corporation  (AHFC)   for  teachers,                                                            
     counselors,   and  administrators   who  are  required   to  be                                                            
     certified.  The new teacher-housing  loan offered through  AHFC                                                            
     permits  a qualified  applicant to  purchase an owner-occupied                                                             
     home without paying a conventional down payment.                                                                           
                                                                                                                                
     This legislation  will provide  Alaska school districts  with a                                                            
     tool  to  help to  attract  and keep  qualified  public  school                                                            
     teachers.   The  recruitment  and  retention   of  a  qualified                                                            
     workforce  is paramount to the  operation of a successful  K-12                                                            
     educational  program. Unfortunately  many school districts  are                                                            
     experiencing  a shortage of experienced, talented  teachers and                                                            
     spend thousands of  dollars to recruit the necessary educators.                                                            
     The  proposed new housing  loan program  provides an  incentive                                                            
     for trained  teachers, counselors, and administrators  to enter                                                            
     into the profession and settle down in local communities.                                                                  
                                                                                                                                
     Senate  Bill 25 addresses  one of the  concerns highlighted  in                                                            
     the  October 2001 "Committee  Report  on the Statewide  Teacher                                                            
     Shortage"  by  the House  Special  Committee on  Education.  As                                                            
     indicated  in this report, the high cost of purchasing  a home,                                                            
     or, in some  areas of the state, the lack of  available teacher                                                            
     housing  is  a  frequent  reason  for  teachers  to  leave  the                                                            
     profession.  Senate Bill 25 recognizes  this concern  and helps                                                            
     facilitate  educators  to  obtain the  necessary  financing  to                                                            
     purchase  a  home by  eliminating  the  requirement  of a  down                                                            
     payment.  Senate  Bill 25  makes a  small, but  positive  step,                                                            
     towards  ensuring that Alaska  school districts have  the best,                                                            
     stable workforce possible.                                                                                                 
                                                                                                                                
Senator Taylor  moved to adopt CS SB 25, 23-LS0080\Q,  Cook, 3/3/03,                                                            
as a working draft.                                                                                                             
                                                                                                                                
Co-Chair  Wilken  detailed the  changes  proposed in  the  committee                                                            
substitute   resulting  from  discussions   of  the  Senate   Health                                                            
Education  and Social  Services Committee  on  this legislation.  He                                                            
stated  the committee  substitute  allows teachers,  counselors  and                                                            
administrators  to participate  in the  program only  once. He  also                                                            
noted the committee  substitute provides that this  legislation must                                                            
be reauthorized in five years to allow review of the program.                                                                   
                                                                                                                                
AT EASE 9:10 AM / 9:11 AM                                                                                                       
                                                                                                                                
Co-Chair  Wilken overviewed  the information  contained in  the bill                                                            
packet, including  a report by the  AHFC on the shortage  of teacher                                                            
housing, and statements  in support of this legislation.  [Copies on                                                            
file] He  gave examples of  efforts of other  states to attract  and                                                            
retain teachers.  He noted that not only is the "pool"  of qualified                                                            
teachers smaller,  competition from other states for  these teachers                                                            
is increasing.                                                                                                                  
                                                                                                                                
Senator Bunde commented  that signing bonuses have been unsuccessful                                                            
at  retaining  qualified  teachers.   He  explained  that  once  the                                                            
required  term of  employment  has  been served  as  a condition  of                                                            
receiving  the bonus,  teachers seek  employment  in another  school                                                            
district  to secure  yet another  signing  bonus. He  asked how  the                                                            
program  would ensure  that  teachers stay  in the  residences  that                                                            
these loans were used to purchase.                                                                                              
                                                                                                                                
Co-Chair  Wilken understood  that once the  mortgage is in  place it                                                            
would be difficult to track  whether the teacher maintains residency                                                            
or relocates and collects rental income on the property.                                                                        
                                                                                                                                
DAN  FAUSKE,  Chief  Operating  Officer/Executive   Director,  AHFC,                                                            
deferred to Mr. Kapansky.                                                                                                       
                                                                                                                                
PAUL KAPANSKY,  Mortgage  Operations Director,  AHFC, testified  via                                                            
teleconference  from an off net location  in Anchorage, that  once a                                                            
mortgage  is issued the  AHFC does  not track  the occupancy  of the                                                            
residence.  He stated that  the concern of  the Corporation  is that                                                            
the loan payments are made.                                                                                                     
                                                                                                                                
Senator  Bunde  voiced concerns  that  a  teacher could  secure  the                                                            
financing, move  from the community and become a landlord  utilizing                                                            
the benefit of the subsidized loan.                                                                                             
                                                                                                                                
Mr. Kapansky  clarified that  this is technically  not a  subsidized                                                            
loan but rather allows  qualified borrowers to secure a housing loan                                                            
with no down payment. However  he agreed that such a situation could                                                            
occur.                                                                                                                          
                                                                                                                                
Senator Bunde asked why  other financial institutions require a down                                                            
payment on the purchase of housing.                                                                                             
                                                                                                                                
Mr. Kapansky replied that  some loan programs exist that provide 100                                                            
percent financing,  but that state  statute currently requires  AHFC                                                            
to obtain at least five-percent  down payment. He informed that risk                                                            
of default  decreases  in instances  where borrowers  have a  vested                                                            
interest in the property.                                                                                                       
                                                                                                                                
Senator Bunde opined that  because no down payment is required, this                                                            
program  would  be  a subsidy.  He  explained  this  is due  to  the                                                            
increased potential that AHFC could sustain a loss.                                                                             
                                                                                                                                
Mr. Kapansky responded  that the risk is "covered to some extent" by                                                            
mortgage  insurance, which  reimburses a percentage  of the  loss in                                                            
the  event a  lender  forecloses on  a  property. He  explained  the                                                            
borrower is required to pay the premiums on this insurance.                                                                     
                                                                                                                                
Mr. Fauske  furthered that any loan  of 80 percent or greater  loan-                                                            
to-value ratio  requires mortgage insurance coverage.  He noted that                                                            
once the 80 percent  loan-to-value ratio is reached,  the borrower's                                                            
loan payments are reduced  because premiums are no longer collected.                                                            
                                                                                                                                
Senator Olson  asserted that rural residents do not  view housing as                                                            
investments  in the same manner as  many urban residents  because of                                                            
the lack of  appreciable interest  on rural properties. He  informed                                                            
that teachers moving into  villages are often faced with substandard                                                            
housing.  He opined that  teachers are  not normally businesspeople                                                             
"looking at something from  a for-profit perspective". He added that                                                            
often teachers  who have purchased  homes in rural communities  have                                                            
suffered a loss when reselling their property.                                                                                  
                                                                                                                                
Senator  Taylor  referenced  language  on  page  2,  line 4  of  the                                                            
committee substitute "  A teachers housing loan must be equal to 100                                                            
percent of  the value of the property  for which the loan  is made."                                                            
He asked if loans could  be issued only in the amount of 100 percent                                                            
of the property's market value.                                                                                                 
                                                                                                                                
Mr.  Fauske  understood  the  language  to reiterate  that  no  down                                                            
payment is required.                                                                                                            
                                                                                                                                
Senator Taylor predicted  that if an appraisal determined a property                                                            
to be of a  higher value than the  market value, the borrower  could                                                            
only secure a loan for  the higher value under this program. He also                                                            
ascertained  the language  to prohibit  the borrower  from making  a                                                            
down   payment.  He   suggested  "equity   to   value"  or   similar                                                            
terminology.                                                                                                                    
                                                                                                                                
Mr. Fauske  did not interpret  the language  to prohibit a  borrower                                                            
from making a down payment.                                                                                                     
                                                                                                                                
Mr. Kapansky explained  the advantage of this program to teachers is                                                            
the exemption  from  making a  down payment  and  that this  program                                                            
provides  no other  benefit  to  borrowers.  He explained  that  the                                                            
appraisal  or the sales  price, whichever  is lower, determines  the                                                            
loan-to-value.  He suggested  the  language could  be clarified  and                                                            
changed from "must" to "may".                                                                                                   
                                                                                                                                
Amendment  #2: This amendment  deletes "must"  and inserts  "may" on                                                            
page 2  line 4.  The amended  language reads,  "A teachers'  housing                                                            
loan may be  equal to 100 percent  of the value of the property  for                                                            
which the loan is made."                                                                                                        
                                                                                                                                
Senator Taylor moved for adoption.                                                                                              
                                                                                                                                
Co-Chair  Green objected  and pointed  out this  change would  imply                                                            
that the  loan could  be issued  for more  than 100  percent of  the                                                            
value of the property.                                                                                                          
                                                                                                                                
Mr. Fauske  assured  that this  would not  be practiced  due to  the                                                            
Corporation's  underwriting  criteria.  He informed  that  borrowers                                                            
could  obtain  loans in  amounts  greater  than  the value  for  the                                                            
purpose  of make  improvements to  the property;  however  borrowers                                                            
could not receive cash in excess of the value.                                                                                  
                                                                                                                                
Co-Chair Green asked the  incentive for a borrower willing to make a                                                            
down payment.                                                                                                                   
                                                                                                                                
Mr. Fauske  stressed that  a borrower could  make a down payment  if                                                            
they chose under this program.  He reiterated that this would lessen                                                            
the risk  of default  as well as  shorten the term  of the loan.  He                                                            
surmised that if a borrower  had a down payment, they might choose a                                                            
different AHFC loan.                                                                                                            
                                                                                                                                
Co-Chair  Green  wanted  to  ensure that  this  amendment  does  not                                                            
provide something that is unintended.                                                                                           
                                                                                                                                
Mr. Kapansky recommended  alternate language, "may be made up to 100                                                            
percent of the value of  the property", which is similar to statutes                                                            
governing other AHFC loans.                                                                                                     
                                                                                                                                
Senator Taylor  offered an amendment to the amendment  to delete "be                                                            
equal to"  and insert  "be no  greater than".  The amended  language                                                            
reads, "A teachers'  housing may be  no greater than 100  percent of                                                            
the value of the property for which the loan is made.                                                                           
                                                                                                                                
Co-Chair  Wilken clarified  "value of  property"  is defined as  the                                                            
sales price or appraisal, whichever is less.                                                                                    
                                                                                                                                
Mr. Fauske  deemed this language compatible  with the Corporation's                                                             
underwriting criteria.                                                                                                          
                                                                                                                                
Senator Bunde  asked for a comparison  of interest rates  offered by                                                            
AHFC to that of other lenders.                                                                                                  
                                                                                                                                
Mr. Fauske  responded that  currently, the  interest rates  for AHFC                                                            
loans  for rural  properties are  approximately  five percent;  tax-                                                            
exempt  first-time  homebuyers  and veterans  is 5.38;  taxable  and                                                            
taxable  first-time  homebuyers   is  5.5.  He  commented  that  the                                                            
Corporation  is "generally  competitive" in  the lending market  for                                                            
conventional taxable and taxable first-time homebuyers loans.                                                                   
                                                                                                                                
Senator Bunde  commented that the  proposed AHFC loans for  teachers                                                            
would  have  no advantage  to  qualified  borrowers  making  a  down                                                            
payment.                                                                                                                        
                                                                                                                                
Senator Bunde asserted  that he supports efforts to provide adequate                                                            
teacher housing in rural Alaska.                                                                                                
                                                                                                                                
There was no  objection and the amendment  was AMENDED and  ADOPTED.                                                            
                                                                                                                                
Senator  Bunde  continued  speaking   to  the  fiscal  aptitudes  of                                                            
teachers.  He  concluded that  this  proposal  would not  provide  a                                                            
significant  subsidy, although  the  ability to obtain  a home  loan                                                            
without a down  payment would be an  advantage not available  to the                                                            
general public.  He was assured that  this program would  not impact                                                            
AHFC's  "bottom  line",  nor  would  it reduce  the  amount  of  the                                                            
dividend the Corporation pays to the State general fund.                                                                        
                                                                                                                                
Senator Olson  asked about  the original  teachers' loan program  in                                                            
rural Alaska.                                                                                                                   
                                                                                                                                
Mr. Fauske  replied that the original  Housing Assistance  Loan Fund                                                            
(HALF) program  began in  the middle 1980s  was intended to  provide                                                            
teacher  housing and  was  expanded to  allow participation  by  all                                                            
citizens.  He told  of difficulties  and efforts  to provide  multi-                                                            
family housing  in rural  communities. He  noted that loan  activity                                                            
for single-family dwellings  occurs "in spurts".  He reported little                                                            
activity  of teachers purchasing  homes in  small villages,  stating                                                            
that  the teacher  participation   in the  existing  program  occurs                                                            
primarily  in  larger "hub"  communities  such  as  Barrow,  Bethel,                                                            
Kotzebue  and  Nome. He  expressed  that  the  Corporation  supports                                                            
additional  efforts to  provide housing  loans for  teachers,  as it                                                            
would  provide  "business"  for  the  Corporation  and  housing  for                                                            
teachers.                                                                                                                       
                                                                                                                                
Senator  Olson asked  if the witness  could suggest  changes  to the                                                            
committee  substitute  to streamline  the  process  of constructing                                                             
multi-family housing facilities in villages.                                                                                    
                                                                                                                                
Mr. Fauske  informed of  options under consideration  that  would be                                                            
possible if additional  federal funding could be secured. He told of                                                            
the  Section 8  voucher  certificate  program, whereby  the  federal                                                            
government  subsidizes rental  payments to  landlords. He  described                                                            
this rental  assistance program in  which the federal government  is                                                            
no longer constructing  large public  housing units. He shared  that                                                            
AHFC is  participating in  this program and  told of a test  program                                                            
recently implemented  in Barrow to expand the rental  market in that                                                            
community.  He  qualified  that  the  loan  programs  could  not  be                                                            
utilized  in some  communities because  there is  no "inventory"  or                                                            
true real estate market.                                                                                                        
                                                                                                                                
Amendment #1:  This amendment changes the title of  the bill to read                                                            
as follows.                                                                                                                     
                                                                                                                                
     "An  Act relating to  the acquisition  of teachers' housing  by                                                            
     regional educational  attendance areas and to teachers' housing                                                            
     loan programs  in the Alaska  Housing Finance Corporation;  and                                                            
     providing for an effective date."                                                                                          
                                                                                                                                
This amendment  also inserts a new bill section on  page 1 following                                                            
line 3 to read as follows.                                                                                                      
                                                                                                                                
     Section 1. AS 14.08.101(9) is amended to read:                                                                             
                (9) provide housing for rental to teachers, by                                                                  
     leasing  existing housing  from a local  agency or individual,                                                             
     [OR]  by entering into  contractual arrangements  with  a local                                                            
     agency or individual  to lease housing that will be constructed                                                            
     by  the local  agency or  individual  for that  purpose, or  by                                                            
     constructing  or otherwise acquiring housing  that is owned and                                                            
     managed by the regional  educational attendance area for rental                                                            
     to teachers;                                                                                                               
                                                                                                                                
     New Text Underlined [DELETED TEXT BRACKETED]                                                                             
                                                                                                                                
This amendment also inserts  a new bill section on page 2, following                                                            
line 6 to read as follows.                                                                                                      
                                                                                                                                
     Sec. 3. AS 18.56.580(a) is amended to read:                                                                                
          (a) In addition to the powers authorized by AS 18.56.400,                                                             
     the  corporation  shall adopt  regulations  under AS  18.56.088                                                            
     allowing  the use of money in the housing assistance  loan fund                                                            
     to make loans  to regional education attendance  areas or other                                                          
     borrowers  for the purchase or  development of teacher  housing                                                          
     in  small  communities.  The  regulations  must  implement  the                                                            
     requirements  of (b) of this section and establish  other terms                                                            
     and  conditions  for teacher  housing  loans,  including  those                                                            
     relating  to borrower eligibility and the number  of loans that                                                            
     may be made  to a single borrower. The corporation  may require                                                            
     the borrower to pay costs associated with a loan.                                                                          
                                                                                                                                
     New Text Underlined [DELETED TEXT BRACKETED]                                                                             
                                                                                                                                
Senator Olson moved for adoption.                                                                                               
                                                                                                                                
Co-Chair Wilken objected for an explanation.                                                                                    
                                                                                                                                
Senator Olson stated the  intent of this amendment is to clarify how                                                            
this legislation  would assist teacher  housing in rural  Alaska. He                                                            
recalled   other  legislation   considered   during   the   previous                                                            
legislation  session  to  enhance  the  retention  of  teachers  and                                                            
emphasized  the need  for adequate  housing to  retain teachers.  He                                                            
proposed that some Rural  Education Attendance Area (REAA) districts                                                            
could participate  in this program and construct rental  housing for                                                            
teachers.                                                                                                                       
                                                                                                                                
Senator Bunde  qualified his knowledge  of rural Alaska is  limited;                                                            
however, he  could not understand  the interest to purchase  housing                                                            
in an  area  where the  investment  would depreciate.  He  suggested                                                            
expanding  this  provision  to  apply  to  urban  school  districts,                                                            
although this would be in competition with private industry.                                                                    
                                                                                                                                
Senator Olson  clarified that lack of depreciation  on property does                                                            
not occur in the same manner as in urban areas.                                                                                 
                                                                                                                                
Senator B. Stevens asked  the percentage of teachers in rural Alaska                                                            
that live in REAA-owned housing units.                                                                                          
                                                                                                                                
Senator Olson  did not have an exact figure, but noted  that because                                                            
REAAs are not  currently permitted  to participate in this  program,                                                            
these  school districts  have been  unable to  purchase housing.  He                                                            
stated that instead,  teachers have limited availability  of housing                                                            
of  private  rental  units.  He told  of  teachers  who  must  board                                                            
together and one teacher  living in a school boiler room rather than                                                            
the substandard housing otherwise available.                                                                                    
                                                                                                                                
Co-Chair Wilken stated  that the intent of this program is to create                                                            
the buy-in  of a teacher into the  community. He asserted  that this                                                            
amendment does not reflect  this intent and instead fosters the buy-                                                            
in of a governmental entity.                                                                                                    
                                                                                                                                
Co-Chair  Wilken also voiced  concerns about  repayment of  the debt                                                            
incurred  by REAAs  for multi-family  housing units  and asked  what                                                            
revenue stream  could support this debt. He listed:  grants, federal                                                            
funds,  State funds,  and local  contributions  as possible  funding                                                            
sources.  He gave  an example  of  a $500,000  loan  to construct  a                                                            
fourplex unit.                                                                                                                  
                                                                                                                                
Senator Olson  replied that rental  income would be used  to pay the                                                            
mortgage  on these loans.  He stated  that there  would always  be a                                                            
need  for teacher  housing  and  therefore  the units  would  remain                                                            
occupied,  unless  the  population  of  the  village  significantly                                                             
reduced. He clarified that  multi-family dwellings are not typically                                                            
built in small  villages due to the  expense of constructing  larger                                                            
facilities.  Rather, he said, most  housing units are single  family                                                            
or duplexes.                                                                                                                    
                                                                                                                                
Co-Chair Wilken surmised  that rental income would therefore provide                                                            
the revenue  stream for the 15 or  30-year term of the mortgage.  He                                                            
asked the witness if this were viable.                                                                                          
                                                                                                                                
Mr.  Fauske asserted  that  normal underwriting  criteria  would  be                                                            
applied to any  loan application and that consideration  is given to                                                            
rental income, grants and  other revenues that could be dedicated to                                                            
repayment of  the loan. He furthered  that vacancy rates  and rental                                                            
reserves are also considered.                                                                                                   
                                                                                                                                
Co-Chair Wilken  asked if education  foundation formula funds  would                                                            
be expected to support this debt.                                                                                               
                                                                                                                                
Senator Olson deferred to Mr. Fauske.                                                                                           
                                                                                                                                
Mr. Fauske replied that  the AHFC would consider all revenue sources                                                            
when  reviewing  a loan  application.  He  informed that  a  revenue                                                            
source based on an annual  appropriation would be of concern because                                                            
of the uncertainty that it would be available each year.                                                                        
                                                                                                                                
Mr. Fauske  also pointed  out that in some  communities, the  school                                                            
district  subsidizes  rental  payments  for  teachers.  He  exampled                                                            
Kotzebue  and described the  leases granted  for 12 months  although                                                            
the  teachers  are  only  present  for  9 months  a  year.  In  this                                                            
instance,  he said,  the school  district pays  the remaining  three                                                            
months of  rent. He stated  this would be  a concern in determining                                                             
the ability of the REAA to meet the loan obligation.                                                                            
                                                                                                                                
Senator Bunde announced  that unless such a housing facility is part                                                            
of the  school itself, he  would not support  the use of  foundation                                                            
formula funds to pay a mortgage for teacher housing.                                                                            
                                                                                                                                
Senator Bunde declared  that facilities would always experience some                                                            
vacancy.   He voiced concern  that unorganized  communities  without                                                            
taxing  authority would  not have  an ability to  generate funds  to                                                            
offset the  absence of sufficient  rental income. He suggested  this                                                            
provision should only apply to organized areas.                                                                                 
                                                                                                                                
Senator Olson agreed that  complications and potential ramifications                                                            
could be discussed,  but he emphasized, "We all agree  that teachers                                                            
certainly are  necessary" for an education system.  He remarked that                                                            
he offered this  amendment as a method to attract  teachers to rural                                                            
Alaska.                                                                                                                         
                                                                                                                                
Co-Chair  Wilken requested  the sponsor withdraw  the amendment  and                                                            
consult with AHFC  to determine whether, and how,  this loan program                                                            
could be  extended to REAAs  while guaranteeing  that no  foundation                                                            
formula funding would be used in the repayment of the debt.                                                                     
                                                                                                                                
                                                                                                                                
SFC 03 # 16, Side B 09:53 AM                                                                                                    
                                                                                                                                
                                                                                                                                
Co-Chair  Wilken continued,  declaring  "In no  way will  foundation                                                            
money be  used to support  this type  of an effort  until the  local                                                            
contribution on behalf of these people is put in place."                                                                        
                                                                                                                                
Senator Olson  WITHDREW his  motion to adopt  the amendment  without                                                            
objection.                                                                                                                      
                                                                                                                                
Co-Chair Green spoke to  her opposition of the bill. She pointed out                                                            
that this legislation  does not require  that an area demonstrate  a                                                            
need for teachers,  nor does it require  that a borrower  under this                                                            
program continue  to teach.  She furthered  that the provision  does                                                            
not include  a first time  buyer requirement,  an "age factor"  or a                                                            
maximum  loan  amount.  She  opined,  "If this  is  good  for  young                                                            
teachers  coming into a community,  it's good  for the young  people                                                            
who have graduated  from a voc-tech  school, nurses or a  whole rash                                                            
of other people."                                                                                                               
                                                                                                                                
Co-Chair Wilken ordered the bill HELD in Committee.                                                                             
                                                                                                                                
[Note: Remainder of meeting is recorded on SFC-03 #16-II.]                                                                      
                                                                                                                                

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