Legislature(2021 - 2022)DAVIS 106

01/26/2022 08:00 AM House EDUCATION

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 21 ADD FACULTY MEMBER UNIV BOARD OF REGENTS TELECONFERENCED
Moved HB 21 Out of Committee
+= HB 18 TEACHERS: NATIONAL BOARD CERTIFICATION TELECONFERENCED
Heard & Held
+= HB 114 EDUCATION & SUPPLEMENTAL LOAN PROGRAMS TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
         HB 114-EDUCATION & SUPPLEMENTAL LOAN PROGRAMS                                                                      
                                                                                                                                
8:23:22 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  DRUMMOND announced  that  the final  order of  business                                                               
would be  HOUSE BILL NO. 114,  "An Act relating to  the education                                                               
loan program and Alaska supplemental  education loan program; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
8:23:43 AM                                                                                                                    
                                                                                                                                
SANA   EFIRD,   Executive    Director,   Alaska   Commission   on                                                               
Postsecondary   Education  (ACPE);   Executive  Officer,   Alaska                                                               
Student  Loan  Corporation,  Department of  Education  and  Early                                                               
Development (DEED),  presented HB  114 and answered  questions on                                                               
behalf of  the sponsor, House  Rules by request of  the governor.                                                               
She  said the  proposed  legislation addresses  requests made  by                                                               
Alaska's   higher  education   institutions   and  student   loan                                                               
borrowers.   The bill provides  for three changes to  the current                                                               
loan program.   Currently, the  Alaska Refinance Loan  program is                                                               
offered only  to Alaska residents.   Under HB 114, this  would be                                                               
extended to previous borrowers of an  Alaska loan - a cosigner or                                                               
beneficiary - as  well as extend eligibility  for applications of                                                               
refinance loans  to a graduate  of high school  or post-secondary                                                               
institution of Alaska.   She noted that loan limits  had not been                                                               
lifted in  some time, while tuition  has increased as much  as 20                                                               
percent in the  last five years.  The  proposed legislation would                                                               
give the Alaska Student Loan  Corporation the ability to set loan                                                               
limits  as appropriate,  with annual  and  lifetime limits  being                                                               
removed  from  statute.    The  third  change  would  be  to  add                                                               
clarifying  language that  a borrower's  obligation to  commit to                                                               
repayment may begin  immediately upon disbursement of  a loan but                                                               
not later than six months  following the borrower's completion or                                                               
termination of a post-secondary program.                                                                                        
                                                                                                                                
8:28:18 AM                                                                                                                    
                                                                                                                                
MS.  EFIRD,  in  response  to   a  question  from  Representative                                                               
Hopkins,  clarified that  the Alaska  Student Loan  Corporation's                                                               
loans  are not  from  the higher  education  investment fund  but                                                               
backed by  the corporation, whose  investments provide  the money                                                               
for the loans.  The higher  education investment fund has, in the                                                               
past,   provided  the   funding   for   the  Alaska   performance                                                               
scholarship and the  education grants (indisc.).   In response to                                                               
another question  from Representative Hopkins  regarding possible                                                               
cost  to the  state, she  pointed out  that the  bill has  a zero                                                               
fiscal note  and would provide some  sustainability and financial                                                               
revenue for  the corporation by  allowing the expansion  of loans                                                               
by increasing  the revenue coming  back to the corporation.   She                                                               
said,  "We would  not  expand beyond  what  the loan  corporation                                                               
board would consider  to be financially sustainable."   She added                                                               
that there  are provisions for  the loan corporation "to  also go                                                               
out for  tax exempt bonds to  fund the loans," and  over the past                                                               
two  years  the  corporation   has  implemented  some  additional                                                               
Federal  Insurance Contributions  Act (FICA)  score requirements,                                                               
for example,  to ensure its borrowers  can repay their debt.   In                                                               
response to  a follow-up question,  she noted that each  year, at                                                               
one of its  quarterly meetings, the loan  corporation reviews all                                                               
loan  programs  and  interest rates  to  make  adjustments  where                                                               
appropriate.   The goal is  to provide the lowest  interest rates                                                               
and best terms possible.                                                                                                        
                                                                                                                                
8:32:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX asked whether  the board adheres to fiduciary                                                               
guidelines.                                                                                                                     
                                                                                                                                
MS.  EFIRD answered  yes.   She talked  about the  makeup of  the                                                               
board.    To  another  question regarding  the  default  rate  on                                                               
student loans, she  said she could provide that  statistic to the                                                               
committee once the  information has been updated.   To a question                                                               
from  Representative Prax  regarding fiscal  loss, she  confirmed                                                               
that the corporation had been  losing money over some past years,                                                               
because in 2010,  the federal loan program was taken  back by the                                                               
federal government, which  resulted in a drastic  downturn of the                                                               
corporate portfolio.   The corporation  has been working  for the                                                               
last 10 years to "shore up  and ensure that we have a financially                                                               
viable  corporation to  support our  state alternative  loans for                                                               
students, and  we have  been turning  the corner  on that."   She                                                               
said  that is  part  of  the reason  the  corporation sought  the                                                               
changes [proposed  under HB  114] for its  loan program,  to help                                                               
make up the difference from  what was being provided from federal                                                               
loans and to expand eligibility,  especially for refinance loans,                                                               
which have seen  an increase in interest.  She  deferred to Kerry                                                               
Thomas  to state  the amount  of the  interest rate  on refinance                                                               
loans.                                                                                                                          
                                                                                                                                
8:38:02 AM                                                                                                                    
                                                                                                                                
KERRY THOMAS, Director, Program  Operations, Alaska Commission on                                                               
Postsecondary  Education  (ACPE),  Department  of  Education  and                                                               
Early  Development (DEED),  stated that  the lowest  rate offered                                                               
for the refinance loan is 3.55 percent.                                                                                         
                                                                                                                                
REPRESENTATIVE  PRAX  offered  his understanding  that  currently                                                               
students can opt  to pay back loans immediately  but are required                                                               
to do  so six  months post-graduation or  "stopping school."   He                                                               
asked if that is correct.                                                                                                       
                                                                                                                                
MS. EFIRD  responded by noting  that the  purpose of some  of the                                                               
language in HB  114 was for clarification.  She  said, "Our legal                                                               
counsel has said that we  could offer an immediate repayment, and                                                               
so  that's why  we're clarifying."   She  explained that  current                                                               
borrowers "do  not have that  provision," thus must  begin paying                                                               
six months  after completing  their program or  are no  longer at                                                               
least a  half-time student.   She further explained,  "This would                                                               
allow  us,  for  new  borrowers, to  offer  them  that  immediate                                                               
repayment."                                                                                                                     
                                                                                                                                
REPRESENTATIVE PRAX expressed concern  about the fiscal health of                                                               
the  corporation and  that  a program  not be  set  up that  will                                                               
result in a loss of funds.  He asked about the tax exempt bonds.                                                                
                                                                                                                                
MS. EFIRD  said tax exempt  bonds are not state  obligated bonds,                                                               
so "we  do not have  that authority."   To a  follow-up question,                                                               
she confirmed there  are no state general funds  involved for the                                                               
loan program.                                                                                                                   
                                                                                                                                
8:42:25 AM                                                                                                                    
                                                                                                                                
MS. EFIRD,  in response  to Co-Chair  Story, reviewed  that under                                                               
statute, the  following are on  the board that oversees  the loan                                                               
program:    the commissioner  of  the  Department of  Revenue  or                                                               
his/her  designee;   the  commissioner   of  the   Department  of                                                               
Commerce, Community  & Economic Development or  his/her designee;                                                               
the commissioner  of the Department of  Administration or his/her                                                               
designee; and two members from the commission.                                                                                  
                                                                                                                                
8:43:54 AM                                                                                                                    
                                                                                                                                
CO-CHAIR DRUMMOND opened public testimony on HB 114.                                                                            
                                                                                                                                
8:44:08 AM                                                                                                                    
                                                                                                                                
LEE  DONNER,   Senior  Managing  Director,   Hilltop  Securities,                                                               
explained  that Hilltop  Securities has  served as  the financial                                                               
advisor to the Alaska Student  Loan Corporation for over 10 years                                                               
and was  involved with  the corporation  board in  evaluating the                                                               
changes  proposed  under  HB  114.   He  stated  that  all  three                                                               
proposed amendments  "are positives for not  only the corporation                                                               
but  for potential  borrowers."   He  said the  expansion of  the                                                               
eligibility  criteria  brings  in  additional  borrowers  without                                                               
raising  the  risk profile  for  the  loan program,  because  the                                                               
credit-based  eligibility   criteria  for  loans  is   not  being                                                               
modified.  He predicted the  borrower pool would not be increased                                                               
dramatically, and  those borrowers  would have  to meet  the same                                                               
credit underwriting criteria as  existing borrowers.  The result,                                                               
he explained,  would be some  expansion of the borrower  pool and                                                               
loan volume  without any  credit risk.   Regarding loan  size, he                                                               
said Hilltop Securities  serves as financial advisor to  10 or 11                                                               
state  agency and  501(c)(3) student  loan operations  around the                                                               
country.   He conveyed that  the only  other entity that  has the                                                               
loan limits embedded  in legislation is the State of  Texas.  The                                                               
reason  is because  the  student loan  bonds  issued are  general                                                               
obligations of  the state.   In Alaska,  there are  revenue bonds                                                               
backed  by student  loans,  and  there is  no  obligation of  the                                                               
state; therefore,  there is not a  nexus reason to have  the loan                                                               
limits embedded in the law,  which would create problems in terms                                                               
of the corporation's ability to  be responsive to changes in cost                                                               
of education and  borrowing needs.  Regarding  the provision that                                                               
would permit voluntary repayment  during the in-school period, he                                                               
said there  have been  numerous studies  showing this  results in                                                               
lower   delinquency,   lower   default,  and   better   portfolio                                                               
performance.   He  concluded, "We  would  recommend adopting  all                                                               
three of these changes to the enabling legislation."                                                                            
                                                                                                                                
8:48:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRAX  expressed  fascination  that  it  could  be                                                               
possible  for the  corporation to  stay in  business at  such low                                                               
interest   rates,  which   he  offered   his  understanding   are                                                               
essentially  unsecured   loans.    He  asked   whether  there  is                                                               
collateral for the loans.                                                                                                       
                                                                                                                                
MR. DONNER answered  no.  He said, "These  are strictly signature                                                               
loans."    He said  that  inevitably,  there  are defaults.    He                                                               
characterized  the aforementioned  3.55  percent  as "the  lowest                                                               
interest  rate   for  the  highest  credit   quality  [refinance]                                                               
borrower" - the lowest interest  rate the corporation offers.  He                                                               
said for in-school  borrowers and those with less  credit than it                                                               
takes  for a  3.55 refinance  rate, the  rates are  significantly                                                               
higher to  reflect the risk -  to reflect the fact  that there is                                                               
no collateral and that there are  signature notes.  He echoed Ms.                                                               
Efird that since  the suspension of the  federal Family Education                                                               
Loan program,  the corporation has suffered  some economic losses                                                               
but has  taken significant steps in  recent years to make  up for                                                               
those losses and  "is getting increasingly close  to getting back                                                               
to operating in the black."                                                                                                     
                                                                                                                                
MR.   DONNER,  in   response  to   a   follow-up  question   from                                                               
Representative  Prax,  noted  that the  corporation  offers  both                                                               
fixed rate  and variable rate  loan options.   He said  each year                                                               
the  corporation  consults  with  Hilltop  Securities  and  other                                                               
sources on expectations regarding  interest rate behaviors in the                                                               
marketplace.  Rates  have been stable in the last  few years, but                                                               
now  is  an inflationary  period.    He  said  all this  will  be                                                               
considered when the  corporation sets interest rates  in the next                                                               
few months.                                                                                                                     
                                                                                                                                
8:52:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOPKINS asked whether a student could use parents                                                                
as cosigner or underwriter to help lower [interest rates] on a                                                                  
loan.                                                                                                                           
                                                                                                                                
8:52:51 AM                                                                                                                    
                                                                                                                                
MS. EFIRD deferred to Ms. Thomas.                                                                                               
                                                                                                                                
8:53:01 AM                                                                                                                    
                                                                                                                                
MS. THOMAS confirmed  that a student applicant can  use anyone as                                                               
a cosigner to get a lower  interest rate.  She explained that the                                                               
interest rate  is based  on whoever has  the highest  FICA score,                                                               
whether it be the borrower or the co-signer.                                                                                    
                                                                                                                                
8:54:36 AM                                                                                                                    
                                                                                                                                
CO-CHAIR DRUMMOND set an amendment deadline for HB 114.                                                                         
                                                                                                                                
8:54:55 AM                                                                                                                    
                                                                                                                                
CO-CHAIR DRUMMOND announced HB 114 was held over.                                                                               

Document Name Date/Time Subjects
H18 Amendment.8 Rep. Kreiss-Tomkins.pdf HEDC 1/26/2022 8:00:00 AM
HB 114.FN.EED.ACPE 1-7-22.pdf HEDC 1/26/2022 8:00:00 AM
HB 114
HB114.FN.DOR.CO 1-21-22.pdf HEDC 1/26/2022 8:00:00 AM
HB 114
HB 114 - Resolution to Support SB 94 & HB 114 05.13.21.pdf HEDC 1/26/2022 8:00:00 AM
HB 114
SB 94
HB 18 Amendment 1 HEDC.pdf HEDC 1/26/2022 8:00:00 AM
HB 18