Legislature(1993 - 1994)

03/22/1994 03:00 PM House L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  HB 506 - STUDENT LOAN PROGRAM                                                
                                                                               
  REP. CON BUNDE, Co-Chair of the House HESS Committee,                        
  presented HB 506.  Rep. Bunde stated that HB 506 was                         
  requested by the Postsecondary Education Commission to allow                 
  the program to run in a more business like fashion.                          
                                                                               
  REP. BUNDE outlined the important changes to the program and                 
  asked Mr. McCormick of the Postsecondary Education                           
  Commission to elaborate.                                                     
                                                                               
  Number 080                                                                   
                                                                               
  JOE McCORMICK,  Executive Director, Postsecondary Education                  
  Commission, Department of Education, testified in support of                 
  HB 506.  He stated that HB 506 would accomplish the                          
  following:                                                                   
                                                                               
  1) Enhancement of repayment terms by allowing for a variable                 
  interest rate and providing a consolidation program.                         
                                                                               
  2) Improved ability to collect loans.                                        
                                                                               
  3) Would allow for garnishment of wages when loan is in                      
  default.                                                                     
                                                                               
  4) Simplify the loan process.                                                
                                                                               
  5) Prevent future delinquencies by disallowing people to                     
  reapply for a student loan within five years of bankruptcy                   
  or default.                                                                  
                                                                               
  Number 175                                                                   
                                                                               
  NANCY BEAR USERA, Commissioner, Department of                                
  Administration, testified in opposition to certain                           
  provisions of HB 506.  Ms. Usera stated there are three                      
  areas of the bill that the department objects to:                            
                                                                               
  1) HB 506 gives priority to garnishment of wages for                         
  repayment of student loans over and above all other                          
  garnishments or attachments with the exception of child                      
  support.                                                                     
                                                                               
  MS. USERA stated that better tools need to be given to the                   
  commission to make better loans, but to supercede private                    
  sector obligations is not the way to handle it.                              
                                                                               
  2) The Department of Administration also objects to the                      
  provision in HB 506 that would hold up vendor payments to                    
  contractors who have otherwise completed the terms of a                      
  contract but have a student loan delinquency.                                
                                                                               
  MS. USERA noted that the commission already has the ability                  
  to garnish wages; this bill would place the student loan                     
  program second behind child support payments.                                
                                                                               
  Number 275                                                                   
                                                                               
  MS. USERA offered an amendment that would in effect remove                   
  the priority of the student loans programs for garnishment                   
  second to child support obligations.  Secondly, it would                     
  remove the requirements that the department would withhold                   
  vendor payments.                                                             
                                                                               
  Number 295                                                                   
                                                                               
  REP. MULDER stated that he was opposed to the amendment                      
  because it is bad public policy to turn a blind eye to                       
  someone who is delinquent on their student loan and then                     
  award and pay them through a state contract.                                 
                                                                               
  Number 310                                                                   
                                                                               
  REP. PORTER agreed with Rep. Mulder, but stated he does                      
  support the provision in the bill that would give the                        
  student loan corporation priority over and above all other                   
  garnishments except child support.                                           
                                                                               
  Number 315                                                                   
                                                                               
  COMMISSIONER USERA noted that there would be a significant                   
  fiscal impact on the Department of Administration if HB 506                  
  passes as is.                                                                
                                                                               
  Number 330                                                                   
                                                                               
  REP. SITTON asked what sort of impact HB 506 would have on                   
  the Department of Administration.                                            
                                                                               
  Number 335                                                                   
                                                                               
  MR. McCORMICK interjected that the commission has                            
  approximately 125,000 loan accounts out, and only a small                    
  percentage do contractual work for the state of Alaska.  Of                  
  those, only a fraction may be in default.                                    
                                                                               
  Number 342                                                                   
                                                                               
  COMMISSIONER USERA replied that the department would have to                 
  scan 125,000 files prior to making a disbursement to a                       
  vendor.                                                                      
                                                                               
  Number 375                                                                   
                                                                               
  REP. SITTON asked what the average number of vendors was in                  
  a typical month.                                                             
                                                                               
  Number 385                                                                   
                                                                               
  COMMISSIONER USERA responded there are 52,000 vendors that                   
  the Department of Administration process's checks for.                       
                                                                               
  Number 395                                                                   
                                                                               
  REP. MULDER discussed the ways in which the Department of                    
  Administration could meld 150,000 student loan applicants                    
  with 52,000 vendors.                                                         
                                                                               
  Number 406                                                                   
                                                                               
  MR. McCORMICK responded that he didn't believe the issue to                  
  be an administrative one, but more of a public policy                        
  question of whether or not to pay vendors if they are behind                 
  in their student loan payments.                                              
                                                                               
  MR. McCORMICK stated he felt it was important to send a                      
  message to applicants that the state of Alaska sincerely                     
  expects them to repay the loans they have with the state.                    
                                                                               
  Number 435                                                                   
                                                                               
  REP. PORTER stated the technology is such that running the                   
  delinquency list against the vendor list once a month                        
  wouldn't involve much.                                                       
                                                                               
  COMMISSIONER USERA stated that there would be a hefty                        
  administrative cost to accomplish this function and it is                    
  not as simple as it sounds.                                                  
                                                                               
  REP. WILLIAMS asked how the student loan program is funded.                  
                                                                               
  COMMISSIONER USERA replied that the loans are funded through                 
  bonds.                                                                       
                                                                               
  Number 460                                                                   
                                                                               
  CHAIRMAN HUDSON clarified for the committee what he thought                  
  the issues were in this debate.                                              
                                                                               
  Number 480                                                                   
                                                                               
  COMMISSIONER USERA reiterated that adding the function of                    
  scanning the student loan rolls to match delinquent                          
  applicants to vendor payments adds a tremendous burden to                    
  the Division of Finance.  She added that if there was some                   
  RSA funds suggested to cover this added burden she would                     
  certainly reconsider.                                                        
                                                                               
  Number 490                                                                   
                                                                               
  MR. McCORMICK responded by saying that he would entertain a                  
  reasonable charge back type of arrangement.                                  
                                                                               
  Number 510                                                                   
                                                                               
  REP. GREEN asked if there was a higher delinquency rate for                  
  those students who attended school outside the state and may                 
  have stayed outside.  Also, can you garnish outside the                      
  state?                                                                       
                                                                               
  Number 525                                                                   
                                                                               
  MR. McCORMICK responded that we can garnish outside the                      
  state, but you have to look at the costs involved to see                     
  whether or not its worth it.                                                 
                                                                               
  Number 542                                                                   
                                                                               
  PAIGE ADAMS, Coalition of Student Leaders, testified via                     
  teleconference in support of HB 506.                                         
                                                                               
  Number 549                                                                   
                                                                               
  TRACI COHEN, Student Network, Kenai Peninsula College,                       
  testified via teleconference in support of HB 506.  Ms.                      
  Cohen felt it was important that the message get out to                      
  people that if you do not pay your student loan your wages                   
  will be garnished.                                                           
                                                                               
  Number 573                                                                   
                                                                               
  HELEN PHINNEY testified via offnet in support of HB 506.                     
  She stated she could not overstate the importance of the                     
  student loan program and the importance of using all the                     
  available resources to make sure these loans are paid back.                  
                                                                               
  Number 588                                                                   
                                                                               
  BRIAN BREBAKER, University of Fairbanks, Coalition of                        
  Student Leaders, stated his support of HB 506 via offnet.                    
  He added that the coalition would like to see a cap on the                   
  interest rate for the loans.                                                 
                                                                               
  TAPE 94-27, SIDE B                                                           
  Number 001                                                                   
                                                                               
  NICKO BRANCHEK stated he is a recipient of a student loan                    
  and supports HB 506.  He added that he is supportive of the                  
  idea of a cap on the interest rates on student loans.                        
                                                                               
  Number 020                                                                   
                                                                               
  BING SANTAMOUR testified via teleconference in support of HB
  506.  Ms. Santamour stated she also supports the cap on                      
  interest rates.                                                              
                                                                               
  Number 082                                                                   
                                                                               
  STEVE LEVINSON, Alaska State Chamber and Bethel Chamber of                   
  Commerce, testified via teleconference in support of HB 506.                 
  Both chambers have adopted resolutions in support of reform                  
  of the program.  The State Chamber opposes a cap on interest                 
  rates because the costs of the bonds could go well beyond                    
  the cap and make the program not cost efficient.                             
                                                                               
  Number 115                                                                   
                                                                               
  TRACI COHEN added to her previous testimony by saying that                   
  she perceives the permanent fund to be a privilege and the                   
  students who are in default on loans don't deserve it.                       
                                                                               
  Number 130                                                                   
                                                                               
  REP. MULDER asked if the interest rate cap was ever                          
  considered in the discussions on HB 506.                                     
                                                                               
  Number 135                                                                   
                                                                               
  MR. McCORMICK stated that it was considered, but interest                    
  rates can skyrocket and if there was a cap the loan program                  
  could become unsound if they skyrocket too high.                             
                                                                               
  Number 160                                                                   
                                                                               
  CHAIRMAN HUDSON announced that the committee would hold                      
  HB 506 over until the next meeting and asked Commissioner                    
  Usera to prepare the amendments she testified to.                            

Document Name Date/Time Subjects