Legislature(1999 - 2000)

03/02/2000 03:07 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
               HOUSE HEALTH, EDUCATION AND SOCIAL                                                                               
                   SERVICES STANDING COMMITTEE                                                                                  
                          March 2, 2000                                                                                         
                            3:07 p.m.                                                                                           
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Fred Dyson, Chairman                                                                                             
Representative Jim Whitaker                                                                                                     
Representative Joe Green                                                                                                        
Representative Carl Morgan                                                                                                      
Representative Tom Brice                                                                                                        
Representative Allen Kemplen                                                                                                    
Representative John Coghill                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
All member present                                                                                                              
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
HOUSE BILL NO. 346                                                                                                              
"An Act relating to services for persons with developmental                                                                     
disabilities."                                                                                                                  
                                                                                                                                
     - MOVED CSHB 346(HES) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 373                                                                                                              
"An Act relating to return of contributed capital, or payment of                                                                
a dividend, to the state by the Alaska Student Loan Corporation;                                                                
and providing for an effective date."                                                                                           
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 396                                                                                                              
"An    Act    transferring   the    assets,    liabilities,    and                                                              
responsibilities of the Alaska Municipal Bond Bank Authority and                                                                
of the                                                                                                                          
Alaska Student Loan Corporation to the Alaska Housing Finance                                                                   
Corporation; and relating to the Alaska Housing Finance                                                                         
Corporation."                                                                                                                   
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB 346                                                                                                                  
SHORT TITLE: SERVICES FOR DISABLED PERSONS                                                                                      
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/07/00      2118     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 2/07/00      2118     (H)  HES, FIN                                                                                            
 3/02/00               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
                                                                                                                                
BILL: HB 373                                                                                                                  
SHORT TITLE: STUDENT LOAN CORP PAYMENTS TO STATE                                                                                
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/16/00      2207     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 2/16/00      2207     (H)  HES, FIN                                                                                            
 2/16/00      2207     (H)  ZERO FISCAL NOTE (DOE)                                                                              
 2/16/00      2207     (H)  GOVERNOR'S TRANSMITTAL LETTER                                                                       
 2/16/00      2207     (H)  REFERRED TO HES                                                                                     
 3/02/00               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
REPRESENTATIVE REGGIE JOULE                                                                                                     
Alaska State Legislature                                                                                                        
Capitol Building, Room 405                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Sponsor of HB 346.                                                                                         
                                                                                                                                
CHRISTINE HESS, Staff for Representative Reggie Joule                                                                           
Alaska State Legislature                                                                                                        
Capitol Building, Room 405                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Answered questions on HB 346.                                                                              
                                                                                                                                
BETH LAPE, Special Assistant                                                                                                    
Office of the Commissioner                                                                                                      
Department of Education & Early Development                                                                                     
801 West Tenth Street, Suite 200                                                                                                
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Answered questions on HB 346.                                                                              
                                                                                                                                
CONNIE ANDERSON, Developmental Disabilities Program Administrator                                                               
Division of Mental Health & Developmental Disabilities                                                                          
Department of Health & Social Services                                                                                          
PO Box 110620                                                                                                                   
Juneau, Alaska  99811                                                                                                           
POSITION STATEMENT:  Testified in support of HB 346.                                                                            
                                                                                                                                
LYNN HETTICK                                                                                                                    
PO Box 2554                                                                                                                     
Seward, ALASKA   99664                                                                                                          
POSITION STATEMENT:  Testified in support of HB 346.                                                                            
                                                                                                                                
ERNEST DUMMANN                                                                                                                  
6721 Stives Place                                                                                                               
Anchorage, Alaska  99801                                                                                                        
POSITION STATEMENT:  Testified in support of HB 346.                                                                            
                                                                                                                                
SCOTT CALDER                                                                                                                    
PO Box 75011                                                                                                                    
Fairbanks, Alaska  99707                                                                                                        
POSITION STATEMENT:  Testified in support of HB 346.                                                                            
                                                                                                                                
MARLA ADAMS                                                                                                                     
PO Box 82619                                                                                                                    
Fairbanks, Alaska  99708                                                                                                        
POSITION STATEMENT:  Testified in support of HB 346.                                                                            
                                                                                                                                
KATHLEEN FITZGERALD, President                                                                                                  
Key Coalition                                                                                                                   
4521 Southpark Bluff Drive                                                                                                      
Anchorage, Alaska  99516                                                                                                        
POSITION STATEMENT:  Testified in support of HB 346.                                                                            
                                                                                                                                
DIANE BARRANS, Executive Director                                                                                               
Alaska Commission on Postsecondary Education                                                                                    
Department of Education & Early Development                                                                                     
3030 Vintage Boulevard                                                                                                          
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Answered questions on HB 346.                                                                              
                                                                                                                                
SHEILA KING, Finance Officer                                                                                                    
Division of Finance                                                                                                             
Alaska Commission on Postsecondary Education                                                                                    
Department of Education & Early Development                                                                                     
3030 Vintage Boulevard                                                                                                          
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Presented HB 346.                                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-26, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIRMAN FRED DYSON called the House  Health, Education and Social                                                              
Services  Standing  Committee  meeting   to  order  at  3:07  p.m.                                                              
Members present at  the call to order were  Representatives Dyson,                                                              
Whitaker, Brice,  Kemplen and Coghill.  Representatives  Green and                                                              
Morgan arrived as the meeting was in progress.                                                                                  
                                                                                                                                
HB 346 - SERVICES FOR DISABLED PERSONS                                                                                        
                                                                                                                                
Number 0065                                                                                                                     
                                                                                                                                
CHAIRMAN  DYSON announced  the first  order of  business as  House                                                              
Bill  No. 346,  "An  Act relating  to  services  for persons  with                                                              
developmental disabilities."                                                                                                    
                                                                                                                                
Number 0079                                                                                                                     
                                                                                                                                
REPRESENTATIVE  REGGIE JOULE, Alaska  State Legislature,  sponsor,                                                              
came forward to present HB 346.   He mentioned there is a proposed                                                              
committee substitute  (CS) in the packets.  The  title was changed                                                              
to make  it more  accurately represent  the purpose  of the  bill.                                                              
The second change deleted some language in Section 1(d)(3).                                                                     
                                                                                                                                
Number 0219                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL made a motion  to adopt the proposed CS for                                                              
HB 346, version  1-LS1347\H, Lauterbach, 3/1/99, as  a work draft.                                                              
There  being  no  objection,  that  proposed  CS  was  before  the                                                              
committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  JOULE stated that  HB 346 will  provide a  tool to                                                              
better  internally  manage  the wait-list  process,  provide  more                                                              
effective use of the wait list, and  provide better information to                                                              
the  public and  to individuals  with developmental  disabilities.                                                              
More specifically,  the bill establishes  periodic reviews  of the                                                              
wait list,  along with  an annual  report to  the legislature  and                                                              
governor.  The  information provided in the annual  report will be                                                              
useful to  individuals with  developmental disabilities  and their                                                              
families,  the administration,  the legislature  and a variety  of                                                              
service  agencies.   The  information  can  also  be used  by  the                                                              
division  for a  variety  of  purposes, including  evaluating  the                                                              
existing system,  evaluating the number  of people and  the length                                                              
of wait for services, and the type  and effectiveness of available                                                              
services.  Additionally, the bill  requires the Division of Mental                                                              
Health  & Development  Disabilities (DMHDD)  to establish  written                                                              
procedures and consumer information  that will be available to the                                                              
general public.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  JOULE  explained that  this  new information  will                                                              
greatly aid  the general  public.  It  will help individuals  with                                                              
developmental  disabilities to  understand the  process and  their                                                              
rights.   As of  December 1, 1999,  there were  786 people  on the                                                              
developmental  disabilities  wait  list  and  333  on  the  infant                                                              
learning program  wait list;  approximately 2,100 individuals  are                                                              
being served.  It has been a difficult  process for those who have                                                              
had to wait for services, and this will help.                                                                                   
                                                                                                                                
REPRESENTATIVE COGHILL referred to  page 2, lines 18-19, paragraph                                                              
(6).   He  asked  if  the 90-day  period  starts when  people  get                                                              
service or when they are identified.                                                                                            
                                                                                                                                
Number 0556                                                                                                                     
                                                                                                                                
CHRISTINE HESS, Staff to Representative  Reggie Joule, answered it                                                              
would  be from  the time  that people  came on  the waiting  list.                                                              
However, the  first 90 days  of reporting  would be 90  days after                                                              
the bill became effective.                                                                                                      
                                                                                                                                
Number 0571                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL  referred to page 2, lines  11-12, and said                                                              
he believes that the word "feel" is subjective in reporting.                                                                    
                                                                                                                                
MS. HESS  said that  language probably got  into the  bill because                                                              
when   looking  at   people's  developmental   disabilities,   the                                                              
department asks  for the input of  the family and the  person with                                                              
the developmental disability.                                                                                                   
                                                                                                                                
REPRESENTATIVE  COGHILL suggested  a friendly amendment,  dropping                                                              
the words "they feel" on page 2, line 12.                                                                                       
                                                                                                                                
REPRESENTATIVE JOULE said he didn't object to that.                                                                             
                                                                                                                                
Number 0672                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL  made a motion to adopt Amendment  1:  page                                                              
2, line 12, strike "they feel are" and add "that may be".                                                                       
                                                                                                                                
CHAIRMAN DYSON asked if there was any objection.                                                                                
                                                                                                                                
REPRESENTATIVE  BRICE objected. He  asked for  it to be  a pending                                                              
amendment.    He  said  he believes  that  the  way  services  are                                                              
developed involves  a tremendous amount of input  from the family,                                                              
and  "they  feel  are" might  show  more  empowerment  toward  the                                                              
family.  It is  a technical thing, but he would  like to hear from                                                              
the department.                                                                                                                 
                                                                                                                                
CHAIRMAN DYSON suggested "they want".                                                                                           
                                                                                                                                
REPRESENTATIVE COGHILL noted that  it was already in there, at the                                                              
beginning of the sentence.                                                                                                      
                                                                                                                                
REPRESENTATIVE BRICE withdrew his objection.                                                                                    
                                                                                                                                
Number 0761                                                                                                                     
                                                                                                                                
CHAIRMAN DYSON announced that Amendment 1 was adopted.                                                                          
                                                                                                                                
CHAIRMAN DYSON referred to page 2,  line 23.  He asked if it would                                                              
be  steering  around  a  problem to  say  "finishing"  instead  of                                                              
"graduating."                                                                                                                   
                                                                                                                                
BETH  LAPE,   Special  Assistant,  Office  of   the  Commissioner,                                                              
Department  of   Education  &   Early  Development,   stated  that                                                              
currently  in  statute students  either  receive  a diploma  or  a                                                              
certificate of attendance after 2002.                                                                                           
                                                                                                                                
CHAIRMAN DYSON asked Ms. Lape if  she sees leaving "graduating" in                                                              
the bill as limiting, or is it okay.                                                                                            
                                                                                                                                
MS. LAPE said she believes it will be limiting.                                                                                 
                                                                                                                                
Number 0877                                                                                                                     
                                                                                                                                
REPRESENTATIVE  JOULE responded  that while  to some  it may  seem                                                              
limiting,  some  students  with  developmental  disabilities  will                                                              
graduate.   On the other hand,  if during the process  another way                                                              
comes up so that all students with  developmental disabilities are                                                              
getting  not  just  a  certificate   of  attendance  but  will  be                                                              
graduating -  maybe in a specified  area, for example -  that high                                                              
school diploma will mean something  to them.  He would like to see                                                              
the  language remain  as-is because  it  holds out  that level  of                                                              
achievement for those individuals.                                                                                              
                                                                                                                                
MS. LAPE said  if the EED decides  to move away from  the diploma,                                                              
there will need  to be a statutory change.  This  concern could be                                                              
handled at the same time.                                                                                                       
                                                                                                                                
REPRESENTATIVE  BRICE  commented that  this  is  an annual  report                                                              
being  talked  about,  not changing  the  high  school  graduation                                                              
requirements or  anything else.  The  DHSS is just trying  to find                                                              
out  a  specific  number  of  students   who  might  have  an  IEP                                                              
[individual  education plan] and  how they're  doing on  the test.                                                              
Nothing is being  changed with the exit exam.  It  would show some                                                              
good data, keeping it the way it is.                                                                                            
                                                                                                                                
Number 1054                                                                                                                     
                                                                                                                                
MS. HESS stated  that the purpose in drafting that  section was to                                                              
get  some hard-core  data, to  see if  70 percent  of the  special                                                              
education students  are dropping out.   If that is the  case, then                                                              
the services  need to be  looked at to  find out what's  going on.                                                              
The purpose is to find out what is  happening to the students with                                                              
developmental disabilities  as they work through the  system or if                                                              
they  drop  out,  and  to  tie  a   lot  of  data  from  different                                                              
departments together to look at the  success of the services being                                                              
provided.                                                                                                                       
                                                                                                                                
CHAIRMAN  DYSON  referred  to  page  2,  lines  25-26,  about  the                                                              
legislators receiving copies of the  written policies, manuals and                                                              
procedures used  by the  department.  He  said he doesn't  want to                                                              
receive all  of that.   If people want  the information,  they can                                                              
easily get it.                                                                                                                  
                                                                                                                                
REPRESENTATIVE JOULE said he preferred that it stayed in there.                                                                 
                                                                                                                                
NUMBER 1144                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BRICE   suggested  a  middle  ground   where  this                                                              
information could be available electronically.                                                                                  
                                                                                                                                
CHAIRMAN  DYSON  said  that  is   an  excellent  suggestion.    He                                                              
suggested  changing page 2,  line 25,  to say  those items  may be                                                              
available either written or electronically.                                                                                     
                                                                                                                                
Number 1227                                                                                                                     
                                                                                                                                
CHAIRMAN DYSON  offered a conceptual  amendment, page 2,  line 25,                                                              
which  adds  the  phrase  "and  make   available  in  written  and                                                              
electronic  form"   before  the   words  "policies,   manuals  and                                                              
procedures".  There  was no objection; therefore,  Amendment 2 was                                                              
adopted.                                                                                                                        
                                                                                                                                
Number 1270                                                                                                                     
                                                                                                                                
CONNIE     ANDERSON,    Developmental     Disabilities     Program                                                              
Administrator,   Division  of   Mental   Health  &   Developmental                                                              
Disabilities  (DMHDD),  Department of  Health  & Social  Services,                                                              
came  forward  to express  support  for HB  346.    The bill  will                                                              
require  the  DMHDD to  review  the  wait  list for  persons  with                                                              
developmental disabilities  (DDs) and  report the results  of this                                                              
review annually to the governor and the legislature.                                                                            
                                                                                                                                
MS. ANDERSON  explained that  the wait  list exists because  there                                                              
are  insufficient  resources to  meet  the  service needs  of  all                                                              
consumers eligible for DD services.   Historically, there has been                                                              
little opportunity  to report accurate information  about the wait                                                              
list  to the  governor  and the  legislature,  as well  as to  the                                                              
consumers, families and other stakeholders.   In spring 1999 - for                                                              
the first time since the inception  of the wait list in 1989 - the                                                              
division   proactively   took   on   the   responsibility   of   a                                                              
comprehensive  assessment of the  wait list.   The results  of the                                                              
assessment proved to be of great  value to consumers, families and                                                              
other stakeholders of  the DD service delivery system.   This bill                                                              
gives the  division an ongoing  opportunity to submit  regular and                                                              
accurate  information   to  guide  decision  making   and  program                                                              
planning.  The  opportunity to have this information  available in                                                              
the   public   arena  will   also   eliminate   inaccuracies   and                                                              
misunderstandings about the wait  list and the division's policies                                                              
and practices relating to the needs of its consumers.                                                                           
                                                                                                                                
CHAIRMAN DYSON  asked Ms.  Anderson if she  had any problems  with                                                              
any of the amendments made today.                                                                                               
                                                                                                                                
MS. ANDERSON answered no.                                                                                                       
                                                                                                                                
Number 1399                                                                                                                     
                                                                                                                                
CHAIRMAN DYSON  referred to page 2,  line 11-13, and asked  if the                                                              
information is used by the department  for some sort of ranking or                                                              
prioritizing for the prospective recipients of the service.                                                                     
                                                                                                                                
MS. ANDERSON affirmed that.                                                                                                     
                                                                                                                                
CHAIRMAN  DYSON asked  Ms.  Anderson what  criteria  are used  for                                                              
advancing people on the list.                                                                                                   
                                                                                                                                
MS. ANDERSON said  when she took the position almost  a year and a                                                              
half ago,  people had been waiting  since 1985 for  services; that                                                              
was not acceptable  to her.  The department looks  at how long the                                                              
person has  been waiting and what  the level of need is,  from the                                                              
most critical to the least critical level.                                                                                      
                                                                                                                                
CHAIRMAN  DYSON said  he was surprised  there  was no fiscal  note                                                              
with this  bill.   It seems to  him that  a significant  amount of                                                              
work is demanded  and wondered how the division would  do that for                                                              
nothing.                                                                                                                        
                                                                                                                                
MS. ANDERSON answered that the information  about the wait list is                                                              
very current, clean and up to date.   That was not the case a year                                                              
ago.  A  significant amount of  time has already been  invested to                                                              
provide  the most  accurate  information available.    As part  of                                                              
working  in partnership  with the stakeholders,  the division  has                                                              
developed ways to share information,  and this is one of them.  It                                                              
was something planned on anyway with the existing resources.                                                                    
                                                                                                                                
CHAIRMAN DYSON asked if the bill is necessary, then.                                                                            
                                                                                                                                
MS.  ANDERSON replied  that  she believes  the  bill is  necessary                                                              
because it provides a regular opportunity to share information.                                                                 
                                                                                                                                
CHAIRMAN DYSON said he wouldn't know  what would keep the division                                                              
from sending this information to  the legislature and the governor                                                              
now.                                                                                                                            
                                                                                                                                
MS.  ANDERSON  answered  that  it  is  always  nice  to  have  the                                                              
invitation.                                                                                                                     
                                                                                                                                
Number 1629                                                                                                                     
                                                                                                                                
MS.  LAPE  added  that  the  EED   is  capable  of  providing  the                                                              
information requested by the DHSS.                                                                                              
                                                                                                                                
Number 1663                                                                                                                     
                                                                                                                                
LYNN  HETTICK  testified  via teleconference  from  Seward.    The                                                              
mother of three  disabled children, she shared  her experiences in                                                              
dealing with  the DMHDD  and expressed  support for  HB 346.   She                                                              
said parents have  no idea what the wait list is for.   Two of her                                                              
children were  on the  wait list  for 1.5 to  2.5 years.   Parents                                                              
need to  know what the  process is because  right now there  is no                                                              
process.   Parents  don't  hear about  the  wait  list until  they                                                              
receive  a  letter  from  the  state  saying  they  are  eligible.                                                              
Parents still  don't know what they  are eligible for,  because no                                                              
one has told them what services are available.                                                                                  
                                                                                                                                
CHAIRMAN DYSON encouraged her to  establish some relationship with                                                              
her legislator.   The  legislator can  often help get  information                                                              
for a constituent in situations like this.                                                                                      
                                                                                                                                
Number 1757                                                                                                                     
                                                                                                                                
ERNEST DUMMANN  testified via teleconference  from Anchorage.   He                                                              
is the parent  of a child with a severe  developmental disability.                                                              
He asked the committee to support  HB 346.  His child will require                                                              
lifelong services.   He shared some of the experiences  his family                                                              
had with his  son.  They began  to seek services in 1988,  only to                                                              
find out there was a wait list for  services.  There was no way to                                                              
know  when services  would  be available.    There  was no  formal                                                              
information  on  who  would  be  selected  for  services  or  what                                                              
services may be available.  Nor was  there a written policy manual                                                              
from the  state nor  a formal appeal  process to  get any  of this                                                              
information.                                                                                                                    
                                                                                                                                
MR. DUMMANN  stated that  his family anguished  for the  next five                                                              
years, not so  much from not having services but  from not knowing                                                              
or being able  to plan for their  son and his future.   Not having                                                              
information  in a  desperate situation  is  a torture.   They  did                                                              
receive  services in  1994.  With  help, the  family has  returned                                                              
somewhat to normal.   Right now, over 800 Alaskan  families are in                                                              
the  same   position  and  are   suffering,  with  little   or  no                                                              
information.   He asked for the  committee's support of  HB 346 to                                                              
give families  and the  citizens of Alaska  the knowledge  to plan                                                              
for their futures.                                                                                                              
                                                                                                                                
Number 1877                                                                                                                     
                                                                                                                                
SCOTT  CALDER testified  via teleconference  from  Fairbanks.   He                                                              
expressed his  support for  HB 346.   He commented that  providing                                                              
information to parents  on many programs is important  because the                                                              
uncertainty is worse than torture.                                                                                              
                                                                                                                                
Number 2003                                                                                                                     
                                                                                                                                
MARLA  ADAMS came  forward to  express support  for HB  346.   She                                                              
agreed it would be helpful to have the information.                                                                             
                                                                                                                                
Number 2039                                                                                                                     
                                                                                                                                
KATHLEEN  FITZGERALD, President,  Key Coalition,  came forward  to                                                              
testify.    She stated  that  the  families and  stakeholders  had                                                              
advocated for a long time to have  written policies and procedures                                                              
to follow  the process.   It is much easier  to wait if  one knows                                                              
what the  process is and  what he/she is  waiting for.   She urged                                                              
the committee to pass this bill.                                                                                                
                                                                                                                                
REPRESENTATIVE  COGHILL  asked  Ms.   Fitzgerald  if  there  is  a                                                              
structural understanding  of who goes where in  the department and                                                              
how the Key Coalition connects with the department.                                                                             
                                                                                                                                
MS. FITZGERALD  said  she believes  so.  The  Key Coalition  works                                                              
with the Governor's  Council on Disabilities &  Special Education,                                                              
the  stakeholder organization  and the  division to  try to  plan.                                                              
There  is some  collaboration,  but there  hasn't  been a  written                                                              
policy.   Once  everyone involved  comes  up with  how the  system                                                              
should work, it needs to be written down.                                                                                       
                                                                                                                                
REPRESENTATIVE COGHILL said that  as a freshman legislator, it was                                                              
difficult to get that type of information.   He suggested that Key                                                              
Coalition may want to help line it out a little better.                                                                         
                                                                                                                                
MS.  FITZGERALD said  the  Key Coalition  was  looking  at a  desk                                                              
manual similar  to what the elder  Alaskans use for  providers and                                                              
individuals.   It lays  out for  everybody the  way things  should                                                              
work and  the policies  and procedures and  hearing rights  are in                                                              
there together.   There  needs to  be something  like that  on the                                                              
developmental disabilities  side.   She hopes that  this generates                                                              
that.                                                                                                                           
                                                                                                                                
Number 2200                                                                                                                     
                                                                                                                                
CHAIRMAN DYSON  commented that  Ms. Fitzgerald  made a  good point                                                              
that getting  this in law  should help  get past the  "changing of                                                              
the guard" and administrations who have different emphases.                                                                     
                                                                                                                                
Number 2257                                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE  made a motion  to move CSHB 346,  version 1-                                                              
LS1347\H, Lauterbach,  3/1/00, as  amended, out of  committee with                                                              
individual  recommendations  and  attached  fiscal notes.    There                                                              
being no  objection, CSHB  346(HES) moved  from the House  Health,                                                              
Education and Social Services Standing Committee.                                                                               
                                                                                                                                
The committee took an at-ease from 3:52 p.m.-3:57 p.m.                                                                          
                                                                                                                                
HB 373 - STUDENT LOAN CORP PAYMENTS TO STATE                                                                                  
                                                                                                                                
CHAIRMAN DYSON announced the next  order of business as House Bill                                                              
No. 373,  "An Act relating  to return  of contributed  capital, or                                                              
payment of  a dividend,  to the state  by the Alaska  Student Loan                                                              
Corporation; and providing for an effective date."                                                                              
                                                                                                                                
DIANE   BARRANS,  Executive   Director,  Postsecondary   Education                                                              
Commission,  Department  of Education  & Early  Development,  came                                                              
forward  to testify.    She noted  that  the Alaska  Student  Loan                                                              
Corporation endorses  this bill and  asked Sheila King  to present                                                              
it.                                                                                                                             
                                                                                                                                
Number 2319                                                                                                                     
                                                                                                                                
SHEILA KING,  Finance Officer, Division of  Finance, Postsecondary                                                              
Education   Commission,   Department    of   Education   &   Early                                                              
Development, came forward  to present HB 373.   The Alaska Student                                                              
Loan Corporation  board endorsed this  bill as another step  as an                                                              
enterprise  agency of  the  state.   The  corporation's return  of                                                              
capital payment under this bill would  be based on a percentage of                                                              
net  income when  net income  is  in excess  of $2  million.   The                                                              
structure of the  payment was crafted to allow  the corporation to                                                              
continue  to  issue  new low-interest  student  loans  to  Alaskan                                                              
residents that would  meet the criteria of the  loan program while                                                              
continuing to  increase their financial  stability to  continue to                                                              
provide services in  the future.  While the  corporation's efforts                                                              
through  this bill  is focused  on making  a return  to the  state                                                              
general fund, she mentioned that  when the Governor introduced the                                                              
bill, he expressed  a desire to use the payment to  provide a fund                                                              
source for the Alaska Scholars Program.                                                                                         
                                                                                                                                
REPRESENTATIVE KEMPLEN asked Ms.  King to explain how this payment                                                              
to the state works providing students  with low-interest rates and                                                              
this return  of capital to the state.   The purpose is  to provide                                                              
affordable education to Alaskan students  so interest rates should                                                              
be kept  as low  as possible,  and one  way is  to take the  money                                                              
recovered  from loans and  plow it  back into  the principal.   He                                                              
asked if  capital is moved to  something else, are  lower interest                                                              
rates to students given up.                                                                                                     
                                                                                                                                
Number 2223                                                                                                                     
                                                                                                                                
MS. KING  answered that  the calculation on  the interest  rate on                                                              
the loans is driven by the cost of  the program with the component                                                              
of the  administrative cost and the  cost of borrowing  to provide                                                              
funds for  the loans.   Loan  receipts are  recycled to  provide a                                                              
portion of the  loans, and the remaining portion  is bonded.  This                                                              
payment   to   the   state  would   not   affect   those   numbers                                                              
significantly.   The  only  effect  it would  have  to the  income                                                              
statement  would  be  an  investment  earning  component  on  that                                                              
portion which  is not  considered in the  calculation of  the loan                                                              
rate.   The  loan rate  is  made up  of two  components:   1)  the                                                              
administrative  cost  of  running  the  program  and  2)  cost  of                                                              
borrowing  to fund  the  loans.   The majority  of  the funds  are                                                              
recycled  back  into  the  program  to keep  the  borrowing  at  a                                                              
manageable level.   There are  requirements in the  indenture that                                                              
require certain tests are met before  any money could be taken out                                                              
of the  trust which would  be taking it out  of the program.   The                                                              
levels projected for this payment  are in the range of $600,000 to                                                              
$2.2 million each year over the next five years.                                                                                
                                                                                                                                
REPRESENTATIVE KEMPLEN  asked if  she had any written  information                                                              
so he  could actually see  the model  that has been  developed for                                                              
those calculations.                                                                                                             
                                                                                                                                
MS. KING said she would get that for him.                                                                                       
                                                                                                                                
Number 2122                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BRICE believes  it is  a real  novel approach  for                                                              
paying for  the Alaska  Scholars Program.   He appreciates  it was                                                              
put forth by the Administration and the University of Alaska.                                                                   
                                                                                                                                
Number 2102                                                                                                                     
                                                                                                                                
REPRESENTATIVE  WHITAKER   commented  that  the   Alaska  Scholars                                                              
Program has nothing to do with the student loan program.                                                                        
                                                                                                                                
MS.  KING  said  in  developing the  idea  of  the  dividend,  the                                                              
corporation  board has  expressed an  interest that  the funds  be                                                              
used for  an educational purpose.   The desire  to use it  for the                                                              
Alaska Scholars Program  came from the Governor's  office and that                                                              
is an  educational purpose  which  is under the  broad purview  of                                                              
what the board has expressed.                                                                                                   
                                                                                                                                
REPRESENTATIVE  WHITAKER said  certainly the  scholars program  is                                                              
admirable, but  he is concerned  that it  may be asking  those who                                                              
would be  utilizing an educational  loan to somehow help  fund the                                                              
Alaska  Scholars  Program with  students  that  may not  have  the                                                              
financial  need that  those  intended  to be  helped  by the  loan                                                              
program would have.                                                                                                             
                                                                                                                                
MS. KING  answered the  structure of  the payment wouldn't  impact                                                              
the interest rate  on the loans.  The payment  would be considered                                                              
a return of capital and under the  parameters in the indenture, it                                                              
can be taken out and passed on.                                                                                                 
                                                                                                                                
Number 2024                                                                                                                     
                                                                                                                                
REPRESENTATIVE WHITAKER said the  loan program is designed to help                                                              
those  in financial  need;  the  Alaska  Scholars Program  is  not                                                              
necessarily designed to help those  in financial need.  If the two                                                              
cost  factors are  the  cost of  administration  and  the cost  of                                                              
borrowing,  certainly the  proceeds from  past borrowing  could be                                                              
utilized  to offset administrative  costs,  therefore the  cost to                                                              
the borrower  could be decreased.   If funds are not  borrowed but                                                              
rather  earnings utilized  for lending  purposes, certainly  again                                                              
the rate charged to those borrowing the money could be reduced.                                                                 
                                                                                                                                
MS. KING reiterated that cash is  recycled to the extent to reduce                                                              
the borrowing to  a manageable level.  The amount  of the dividend                                                              
with the parameters  keeps it at a level that would  not pass that                                                              
cost  on to the  borrowers.   The amount  of the  dividend is  not                                                              
included  in  expense  calculation  so  it  doesn't  inflate  that                                                              
interest rate to the borrower.  Additionally,  the program is open                                                              
to all Alaska residents whether they're  in financial need or not.                                                              
It has a  minimal impact on  the corporation's bottom line  on the                                                              
net  income.   Not everything  in  the net  income computation  is                                                              
considered in the rate charged on the loans.                                                                                    
                                                                                                                                
Number 1851                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BRICE said the  state legislature established  the                                                              
interest  rate  that students  pay  a couple  of  years  ago.   He                                                              
understood  the ability  to turn  the profits  of the  corporation                                                              
into lower  rates would not be  possible without a  separate piece                                                              
of legislation.                                                                                                                 
                                                                                                                                
MS. BARRANS  answered the corporation  board could have  chosen to                                                              
recycle all of  its net income into new loans.   Philosophically a                                                              
couple of  different issues were on  the table when this  idea was                                                              
endorsed.  One is that the corporation  has asked this legislature                                                              
and the administration to treat it  as an enterprise organization.                                                              
Toward  that end,  the corporation  was interested  in having  the                                                              
state have  "a share  of the  positive return."   The  corporation                                                              
board wanted to do that in terms  of moving this symbolic level of                                                              
money back to the  general fund to be used as  the legislature and                                                              
administration  saw fit.   If in  turn the  legislature wanted  to                                                              
reappropriate these funds back to  the corporation and create some                                                              
offset  for  existing interest  rates,  it  could  do that.    The                                                              
corporation  is  not  seeking  that  because  it's  offering  very                                                              
competitive interest  rates as it is.  However,  that is something                                                              
that could be done.  She noted that  the interest rates are fixed.                                                              
Those  can't be  reduced without  creation  of a  fund that  would                                                              
actually  pay  the  corporation  to offset  those  rates.    Going                                                              
forward it  can reduce  interest rates  as has  been done  for the                                                              
last two  years and hopefully will  be done in the  future because                                                              
the program costs portion are reducing  the interest rate formula.                                                              
                                                                                                                                
REPRESENTATIVE  BRICE asked  what the  interest rate  is for  next                                                              
fall semester.                                                                                                                  
                                                                                                                                
Number 1749                                                                                                                     
                                                                                                                                
MS. BARRANS  answered the  note rate  is 8  percent, and  there is                                                              
still the interest  free period while someone is  in school so the                                                              
effective rate of interest is below  8 percent when the six-months                                                              
grace period is calculated.                                                                                                     
                                                                                                                                
MS. BARRANS explained  that the interest rate  is calculated based                                                              
on the  average of the  last five years program  costs.  It  is an                                                              
average thing moving forward and  it's all fairly speculative.  It                                                              
presumes that interest  rates on bonds are going  up when actually                                                              
the corporation has  gotten very good rates on bonds.   One of the                                                              
ways it has been  able to reduce interest rates on  loans is there                                                              
have been  better rates on  the bonds sold.   The bonds  have been                                                              
upgraded to  AA and are  very competitive as  those are sold.   It                                                              
wouldn't necessarily reduce the interest costs.                                                                                 
                                                                                                                                
REPRESENTATIVE KEMPLEN  asked if it is possible  to create another                                                              
fund to help reduce the interest rates.                                                                                         
                                                                                                                                
MS.  BARRANS said  if the  corporation  received an  appropriation                                                              
from the state to pay in lieu of  the borrowers paying their fixed                                                              
rate of interest,  then the state  could give those funds.   There                                                              
would need to be  an external revenue source in order  for that to                                                              
actually be feasible.  The interest  rates borrowers are paying on                                                              
the  notes are  reflected  in all  of the  corporation's  official                                                              
statements.   Those  rates  are fixed  and  cannot be  arbitrarily                                                              
reduced.   As far as the cash  flow, certain warranties  have been                                                              
made to  the bond holders  that the  corporation will  charge that                                                              
rate on those  loans without an  infusion of cash; it  wouldn't be                                                              
able to just arbitrarily reduce the rate on those loans.                                                                        
                                                                                                                                
REPRESENTATIVE  KEMPLEN asked  why the capital  can't be  recycled                                                              
and use that money to lower the interest  rate on those old loans.                                                              
                                                                                                                                
Number 1603                                                                                                                     
                                                                                                                                
MS.  BARRANS answered  if this  bill  passes and  $2.2 million  is                                                              
returned to  the state in  the form of  general funds, and  if the                                                              
legislature were  to reappropriate those funds to  the corporation                                                              
for that purpose, the corporation could do that.                                                                                
                                                                                                                                
REPRESENTATIVE KEMPLEN  asked if she was saying  that the existing                                                              
statute  prohibits the  corporation from  recycling the return  on                                                              
capital into reducing the interest rates on existing loans.                                                                     
                                                                                                                                
MS. BARRANS answered no.  She is  suggesting that the indenture on                                                              
the bonds  prevents that.  The  corporation has made  a commitment                                                              
to run  the program with these  financial terms and  conditions in                                                              
place.   If the corporation  were to  arbitrarily just  reduce its                                                              
net  income  in order  to  offset  those  rates,  it would  be  in                                                              
violation of the bond covenants.                                                                                                
                                                                                                                                
REPRESENTATIVE KEMPLEN  said he is concerned that  they are taking                                                              
money away  from students  and putting  it into  the general  fund                                                              
where it can be used for road maintenance.                                                                                      
                                                                                                                                
Number 1532                                                                                                                     
                                                                                                                                
CHAIRMAN DYSON asked what the cash balance is this week.                                                                        
                                                                                                                                
MS. KING answered about $240 million.                                                                                           
                                                                                                                                
CHAIRMAN DYSON asked what that is invested in.                                                                                  
                                                                                                                                
MS.  KING  said   a  large  portion  is  invested   in  investment                                                              
agreements that are  similar to repurchase agreements.   There are                                                              
some  short-term  repurchase  agreements   and  a  few  government                                                              
securities.                                                                                                                     
                                                                                                                                
CHAIRMAN  DYSON asked  if  additional appropriations  were  needed                                                              
during the years the collections weren't very good.                                                                             
                                                                                                                                
Number 1483                                                                                                                     
                                                                                                                                
MS. KING said she  believes that 1993 was the last  year there was                                                              
any general fund appropriations received.                                                                                       
                                                                                                                                
CHAIRMAN  DYSON asked  Ms. King if  she would  get information  on                                                              
those  amounts  that  were  made  from the  general  fund  to  the                                                              
corporation.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KEMPLEN  requested  additional  information  about                                                              
exactly what prohibits  the corporation from using  this return on                                                              
capital  to lower  interest  rates on  existing  loans and  future                                                              
loans.                                                                                                                          
                                                                                                                                
REPRESENTATIVE  GREEN  asked  what  was  the  sudden  change  from                                                              
running  in the  red to  running  in the  black around  1993.   He                                                              
wondered  if it  had anything  do with  garnishing permanent  fund                                                              
dividends (PFD).                                                                                                                
                                                                                                                                
Number 1411                                                                                                                     
                                                                                                                                
MS.  KING replied  that the  change really  came from  legislation                                                              
passed that gave the corporation  additional collection tools such                                                              
as credit checking  and credit reporting; wage  garnishing will be                                                              
implemented soon.   The collection  department has been  beefed up                                                              
and  some electronic  devices  to help  contact  people have  been                                                              
added.                                                                                                                          
                                                                                                                                
MS. BARRANS added that occupational  licensing has been a leverage                                                              
tool for several  years as well as an internal policy  shift.  The                                                              
PFD garnishment  tool  has been in  effect since  the late  1980s.                                                              
The garnishments have risen dramatically  with the increase of the                                                              
dollar amount  of the  PFDs.   In the  past, the commission  would                                                              
take  the amount  that was  past  due on  the borrower's  original                                                              
schedule; now the entire amount is taken.                                                                                       
                                                                                                                                
CHAIRMAN  DYSON asked  if  the corporation  is  able  to go  after                                                              
Native corporation dividends.                                                                                                   
                                                                                                                                
Number 1306                                                                                                                     
                                                                                                                                
MS. BARRANS  answered  there is probably  an ability  to issue  an                                                              
order to  withhold and  deliver; the  commission hasn't  gotten to                                                              
that  stage of  flexing the  administrative garnishment  authority                                                              
right now.   The wage garnishing  is the "big bang for  our buck."                                                              
The  commission  will  continue to  explore  what  that  authority                                                              
allows us to do.                                                                                                                
                                                                                                                                
CHAIRMAN DYSON announced that HB 373 would be held over.                                                                        
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
There being  no further business  before the committee,  the House                                                              
Health, Education  and Social Services Standing  Committee meeting                                                              
was adjourned at 4:25 p.m.                                                                                                      
                                                                                                                                

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