Legislature(2009 - 2010)HOUSE FINANCE 519

02/25/2009 01:30 PM House FINANCE


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01:48:21 PM Start
01:48:55 PM HB109
02:33:56 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 109 EDUC. LOANS: SUPPLEMENTAL & FAMILY TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                     February 25, 2009                                                                                          
                         1:48 p.m.                                                                                              
                                                                                                                                
1:48:21 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Stoltze called the House Finance Committee meeting                                                                     
to order at 1:48 p.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Mike Hawker, Co-Chair                                                                                            
Representative Bill Stoltze, Co-Chair                                                                                           
Representative Bill Thomas, Jr., Vice-Chair                                                                                     
Representative Allan Austerman                                                                                                  
Representative Harry Crawford                                                                                                   
Representative Anna Fairclough                                                                                                  
Representative Richard Foster                                                                                                   
Representative Les Gara                                                                                                         
Representative Reggie Joule                                                                                                     
Representative Mike Kelly                                                                                                       
Representative Woodie Salmon                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Katie Koester, Staff, Representative Paul Seaton; Diane                                                                         
Barrans,   Executive   Director,    Postsecondary   Education                                                                   
Commission, Department of Education                                                                                             
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
None                                                                                                                            
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 109    "An Act relating to eligibility for the Alaska                                                                        
          supplemental  education  loan  program and  to  the                                                                   
          interest  rate for  a  loan made  under the  Alaska                                                                   
          family  education loan  program; and providing  for                                                                   
          an effective date."                                                                                                   
                                                                                                                                
          HB  109 was REPORTED  out of  Committee with  a "do                                                                   
          pass" recommendation  and with zero fiscal  note #1                                                                   
          by   the   Department   of  Education   and   Early                                                                   
          Development.                                                                                                          
                                                                                                                                
1:48:55 PM                                                                                                                    
                                                                                                                                
HOUSE BILL NO. 109                                                                                                            
                                                                                                                                
     "An  Act   relating  to   eligibility  for   the  Alaska                                                                   
     supplemental education loan  program and to the interest                                                                   
     rate for a  loan made under the Alaska  family education                                                                   
    loan program; and providing for an effective date."                                                                         
                                                                                                                                
KATIE  KOESTER, STAFF,  REPRESENTATIVE  PAUL SEATON,  related                                                                   
that HB  109 was  brought to Representative  Seaton  by Diane                                                                   
Barrans,  the director  of Postsecondary  Education.   HB 109                                                                   
requires a  borrower to  have good credit  or a co-signer  in                                                                   
order  to apply  for an  Alaska  Supplemental Education  Loan                                                                   
(ASEL).   This provision only  applies to state  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 as long as  they do                                                                   
not have bad credit.  A borrower  with no credit could obtain                                                                   
a student loan.  However, this  has become problematic in the                                                                   
current fiscal  climate because investors are  not willing to                                                                   
back  those  loans.    Alaska   Commission  on  Postsecondary                                                                   
Education  (ACPE)  cannot use  loans  as they  are  currently                                                                   
structured  as   collateral.     Without  this  change,   the                                                                   
Commission will be forced to stop  lending to Alaska students                                                                   
or the state would  have to directly fund the  program to the                                                                   
tune of approximately  $40 million to $50 million  in general                                                                   
fund.  HB 109 also makes a small  change to the Alaska Family                                                                   
Education  Loan (FEL),  a program  where  family members  can                                                                   
borrow on  behalf of another  family member.   Currently, the                                                                   
FEL interest rate is set in statute  at 5 percent, and (ACPE)                                                                   
would  like to  allow  that  rate to  be  set by  the  Alaska                                                                   
Student Loan Corporation  (ASLC) not to exceed  8.25 percent,                                                                   
which is the same as the ASEL.                                                                                                  
                                                                                                                                
Ms. Koester referred  to informational items  and articles in                                                                   
the members' packets.  Also included  are explanations of the                                                                   
two types of loans, the ASEL and FEL.                                                                                           
                                                                                                                                
1:52:08 PM                                                                                                                    
                                                                                                                                
DIANE  BARRANS, EXECUTIVE  DIRECTOR, POSTSECONDARY  EDUCATION                                                                   
COMMISSION,  DEPARTMENT  OF  EDUCATION,   offered  to  answer                                                                   
questions related to the bill.                                                                                                  
                                                                                                                                
Representative  Austerman  noted  that the  current  interest                                                                   
rate  set  for  the  FEL  is at  5  percent.    He  requested                                                                   
information  about how  the bill  would  impact the  interest                                                                   
rate.   Ms. Barrans  reported  that the current  rate on  the                                                                   
ASEL is  7.3 percent.   The  Corporation looks  each year  at                                                                   
what level  of benefit can  be provided  to borrowers.   On a                                                                   
year  to year  basis, the  Corporation approves  a series  of                                                                   
benefits.  Those  are generally applied as credits  to reduce                                                                   
the  effective  rate of  interest  below  7.3 percent.    For                                                                   
example,  there  is  a  half  percent  reduction  for  Alaska                                                                   
Presence.   Automated  payments are given  a quarter  percent                                                                   
reduction.  Timely payments reduce  the interest rate another                                                                   
2 percent.                                                                                                                      
                                                                                                                                
1:54:32 PM                                                                                                                    
                                                                                                                                
Representative Austerman asked  how many students qualify for                                                                   
the 2.75 percent benefit.  Ms.  Barrans replied, with respect                                                                   
to the Alaska Presence benefit,  about 74 percent receive the                                                                   
benefit.  About 30 percent qualify  for the automatic payment                                                                   
benefit.  The on-time payments  benefit is relatively new and                                                                   
less than 5 percent take advantage of it.                                                                                       
                                                                                                                                
Representative Austerman  asked if there is  a revolving loan                                                                   
program.  Ms. Barrans related  that when ASLC was established                                                                   
in  1988, the  state transferred  loan  assets to  it into  a                                                                   
revolving  loan   fund.    That  fund  continues   to  exist.                                                                   
Repayments  from the loan  go into  that fund, which  reduces                                                                   
the amount of bonding needed from one year to the next.                                                                         
                                                                                                                                
Representative Austerman asked  how large that fund was.  Ms.                                                                   
Barrans reported that  it was quite low at this  point.  Last                                                                   
year all new loans  were financed out of cash  coming in.  By                                                                   
the end of this  fiscal year, about $95 million  in new loans                                                                   
will have been funded.  She speculated  that by June 30 there                                                                   
would probably be less than $15 million in the fund.                                                                            
                                                                                                                                
1:57:19 PM                                                                                                                    
                                                                                                                                
Co-Chair Hawker  pointed out that the transition  language in                                                                   
the  bill  indicates  an  urgent situation.    He  asked  for                                                                   
clarification as to why emergency  regulations are necessary.                                                                   
Ms. Barrans  stressed that  timing was  critical in  order to                                                                   
secure  financing for  loans  for 2009-2010,  and  to make  a                                                                   
bright line between the loans  that were issued under current                                                                   
credit standards  and loans issued  under an improved  credit                                                                   
standard for 2009-2010 loans.   Applications for future loans                                                                   
can  not  be  accepted  until   the  matters  impacting  ASLC                                                                   
finances are resolved.                                                                                                          
                                                                                                                                
Co-Chair  Hawker rephrased  that the ordinary  cycle  of loan                                                                   
processing is on hold.  Ms. Barrans agreed.                                                                                     
                                                                                                                                
1:59:18 PM                                                                                                                    
                                                                                                                                
Representative   Joule   understood    the   need   for   the                                                                   
legislation; however, he spoke  of a concern for students who                                                                   
could not  qualify for loans because  of a lack of  credit or                                                                   
credit history,  and without a  co-signer, such as  those who                                                                   
come   from   small   communities.     Ms.   Barrans   shared                                                                   
Representative  Joule's  concern.   The  impact  is  somewhat                                                                   
mitigated  by  the  raising  of  eligibility  limits  on  the                                                                   
federal Stafford  Loan.   There was also  an increase  in the                                                                   
base Pell Grant, and a small state  grant program.  There are                                                                   
options for  the very poor.   She agreed that there  would be                                                                   
an impact on those who have poor credit and no co-signer.                                                                       
                                                                                                                                
Representative  Joule said  it  would affect  both those  who                                                                   
wish to  go to vocational  schools and to academic  programs.                                                                   
Ms.  Barrans  pointed  out  that  all  accredited  vocational                                                                   
schools have access to federal aid.                                                                                             
                                                                                                                                
2:03:21 PM                                                                                                                    
                                                                                                                                
Representative  Crawford asked  what alternative loans  were.                                                                   
He also  requested information  about how  a credit  score is                                                                   
determined.      Ms.   Barrans  explained   that   the   term                                                                   
"alternative  loan"  is any  loan  that  is not  a  federally                                                                   
guaranteed student  loan.  What used to be  called the Alaska                                                                   
Student Loan is now called the  Alaska Supplemental Education                                                                   
Loan,  which  is  viewed as  supplemental  for  gap  funding.                                                                   
Because of lower rates, the federal  guarantee, and extensive                                                                   
forbearance deferments repayment  options under the federally                                                                   
guaranteed program, every student's  first loan choice should                                                                   
be the  Stafford Loan.   After that,  the ASEL loan  would be                                                                   
the  appropriate choice.   She  shared  requirements of  loan                                                                   
programs in New Jersey.                                                                                                         
                                                                                                                                
2:06:54 PM                                                                                                                    
                                                                                                                                
Ms. Barrans reported that the  FICO score is derived based on                                                                   
the consumer's history  of incurring and repaying  debt.  She                                                                   
shared statistics  from a sampling  of 5,100 ASEL  borrowers.                                                                   
Only a small portion  had an acceptable FICO score  of 680 or                                                                   
greater.    She  predicted  that   a  great  portion  of  new                                                                   
applicants  would have  to  have co-signers.    She stated  a                                                                   
preference to  not have to make  the changes required  in the                                                                   
bill.   She added that some  alternative loan  providers have                                                                   
produced  a risk-based  scoring  business  model for  varying                                                                   
interest rates.   She found that  method to be contrary  to a                                                                   
program that is  designed to be broadly available  to Alaskan                                                                   
students.  She  explained the varying interest  rate business                                                                   
model.                                                                                                                          
                                                                                                                                
2:09:53 PM                                                                                                                    
                                                                                                                                
Representative Austerman  inquired about default  percentages                                                                   
and the time period before default  is declared.  Ms. Barrans                                                                   
said that default is considered  when a student is six months                                                                   
in arrears.   The  default rates  have been  lower in  recent                                                                   
years.  Currently, there is an  11 percent default rate.  The                                                                   
ASLC aggressively pursues those in default.                                                                                     
                                                                                                                                
Representative  Austerman asked  about costs associated  with                                                                   
pursuing collection.  Ms. Barrans  described collection costs                                                                   
as about  $300,000 per  year.   Collection is cost  effective                                                                   
because no court order is needed for garnishment.                                                                               
                                                                                                                                
2:12:50 PM                                                                                                                    
                                                                                                                                
Co-Chair   Stoltze  concluded   that  higher  default   rates                                                                   
occurred  at times  where there  were  generous interest  and                                                                   
forgiveness  provisions.    Ms.  Barrans  agreed.    Co-Chair                                                                   
Stoltze said that the default  rate has decreased due to "pay                                                                   
as you go" provisions.   Ms. Barrans agreed.                                                                                    
                                                                                                                                
Representative  Austerman asked if  there were any  incentive                                                                   
programs to  encourage students to  stay in Alaska  and work.                                                                   
Ms.  Barrans described  two modest  incentives:   specialized                                                                   
loans for teacher  education and the "Winn"  Brindle Memorial                                                                   
Scholarship  Loan  for fisheries-related  occupations.    She                                                                   
mentioned   the  Alaska   Presence   reduced  interest   rate                                                                   
incentive.                                                                                                                      
                                                                                                                                
2:14:33 PM                                                                                                                    
                                                                                                                                
Representative  Gara referred to  a change  on page 2  of the                                                                   
bill, and  asked if the  student is required  to have  a good                                                                   
credit  history  now.   Ms.  Barrans  said that  is  correct.                                                                   
Representative  Gara described a  scenario of a  student with                                                                   
no credit  history.  Ms.  Barrans explained the  options that                                                                   
student would  have: the federal Stafford loan,  or obtaining                                                                   
a co-signer.                                                                                                                    
                                                                                                                                
2:16:48 PM                                                                                                                    
                                                                                                                                
Representative  Gara said  he  was sympathetic  to a  concern                                                                   
raised  in a UAA  editorial and  requested  time to get  this                                                                   
information to the committee.                                                                                                   
                                                                                                                                
Ms. Koester  said she  spoke to  the reporter and  maintained                                                                   
that  the  bill   is  a  result  of  the   current  financial                                                                   
situation.    She  stressed  that  the  legislation  is  time                                                                   
critical.                                                                                                                       
                                                                                                                                
2:19:18 PM                                                                                                                    
                                                                                                                                
Co-Chair Hawker  said the  information provided today  points                                                                   
out a previous  attitude of liberal underwriting  for student                                                                   
loans.  That, plus a national  financial crisis, has led to a                                                                   
need  for this  bill.    He summed  up  that the  state  must                                                                   
support  stronger underwriting  standards due  to changes  in                                                                   
international  economics.   The entire  student loan  program                                                                   
would end due to lack of access to capital.                                                                                     
                                                                                                                                
Co-Chair Stoltze  agreed that the  bill needs to move  out of                                                                   
committee.                                                                                                                      
                                                                                                                                
Representative  Gara opined that  two categories  of students                                                                   
might be affected;  those without a credit history  and those                                                                   
with bad  credit.   He wanted  assurance that  those with  no                                                                   
credit history would not be affected.                                                                                           
                                                                                                                                
2:22:31 PM                                                                                                                    
                                                                                                                                
Ms.  Barrans   reiterated  the  results  of   a  sampling  of                                                                   
borrowers.   For those  under  21, over 81  percent had  some                                                                   
credit history.  About 22 percent  had credit at or above the                                                                   
proposed standard.   The rest  would require co-signers.   An                                                                   
acceptable  FICA score is  680, which  is slightly  below the                                                                   
average credit score in Alaska.                                                                                                 
                                                                                                                                
Ms. Barrans said  that she has spoken to the  reporter of the                                                                   
UAA publication,  The  Northern Light,  and shares a  concern                                                                   
that some  students  might not  be able to  get a  co-signer.                                                                   
The trade  off is  having a  credit standard  that keeps  the                                                                   
door open  for many  student loan  applicants and allows  the                                                                   
program to continue to operate.                                                                                                 
                                                                                                                                
Representative  Crawford  understood  that certain  types  of                                                                   
credit  cards lower  one's credit  score.   He  spoke of  his                                                                   
children's experience with not  qualifying for student loans.                                                                   
He suggested  that ASLC consider  credit history  rather than                                                                   
credit score.   Ms. Barrans  pointed out that  manual reviews                                                                   
were problematic  and not a nationally accepted  review.  She                                                                   
described the review  process, which has changed  in light of                                                                   
the recent economic crisis.                                                                                                     
                                                                                                                                
2:27:26 PM                                                                                                                    
                                                                                                                                
Ms.  Barrans   added  that  one  provision  ensured   in  the                                                                   
regulatory process  is if someone's history is  impacted by a                                                                   
disaster  or  illness,  there  would  be  an  appeal  option.                                                                   
Representative Crawford thought  the situation was "between a                                                                   
rock and a hard place".                                                                                                         
                                                                                                                                
Co-Chair Stoltze  thought the  agency was  only using  a tool                                                                   
necessitated by the economic crisis.                                                                                            
                                                                                                                                
Ms. Barrans  agreed that the situation  is not pleasant.   It                                                                   
would  have been  preferable  to  continue with  the  present                                                                   
model.  The rating agencies are raising standards.                                                                              
                                                                                                                                
Co-Chair  Stoltze summarized  that the  choices are  no loans                                                                   
for  anyone  or  limitations   on  students  with  no  credit                                                                   
history.  Ms. Barrans agreed,  with respect to the ASEL.  The                                                                   
exception is the Stafford loan.   Co-Chair Stoltze questioned                                                                   
if  ASLC  is   committed  to  showing   students  alternative                                                                   
financial aid  opportunities.  Ms. Barrans assured  that ASLC                                                                   
is committed to  working with partner institutions  to try to                                                                   
find financial aid for Alaskan students.                                                                                        
                                                                                                                                
2:31:17 PM                                                                                                                    
                                                                                                                                
Representative Gara  asked if there  was a way to  include in                                                                   
the bill  those students with no  credit score who are  not a                                                                   
credit risk as eligible for student  loans.  Ms. Barrens said                                                                   
that was  the policy since  1998, but  it can't continue.   A                                                                   
demonstration  of a  pattern to  be able to  incur and  repay                                                                   
debt is  now required.  Representative  Gara agreed it  was a                                                                   
difficult  situation.   He  shared  that  he would  not  have                                                                   
qualified for student loans under  this proposed legislation.                                                                   
                                                                                                                                
2:32:52 PM                                                                                                                    
                                                                                                                                
Co-Chair Hawker  noted a zero  fiscal note by  the Department                                                                   
of Education and Early Development.                                                                                             
                                                                                                                                
Representative  Austerman  MOVED  to  REPORT HB  109  out  of                                                                   
Committee   with    individual   recommendations    and   the                                                                   
accompanying fiscal note.                                                                                                       
                                                                                                                                
HB  109  was REPORTED  out  of  Committee  with a  "do  pass"                                                                   
recommendation   and  with  zero   fiscal  note  #1   by  the                                                                   
Department of Education and Early Development.                                                                                  
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
2:33:56 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 2:33 PM.                                                                                           

Document Name Date/Time Subjects
articles and back-up.pdf HFIN 2/25/2009 1:30:00 PM
HB 109
Briefing on ASLC Liquidity Issues and Proposed Paln of Action.pdf HFIN 2/25/2009 1:30:00 PM
HB 109
Chart from ACPE website explaining loans that are affected by Hb 109.pdf HFIN 2/25/2009 1:30:00 PM
HB 109
HB 109 sponsor statment.pdf HFIN 2/25/2009 1:30:00 PM
HB 109