Legislature(1993 - 1994)

04/08/1994 08:38 AM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  HOUSE BILL NO. 506                                                           
                                                                               
       "An Act  relating to  student loans;  to sanctions  for                 
       defaulting on  a student  loan, including  denial of  a                 
       state  occupational license  or  disbursement of  state                 
       money; and providing for an effective date."                            
                                                                               
  REPRESENTATIVE CON BUNDE  spoke in  support of HB  506.   He                 
  emphasized that the  legislation will make the  student loan                 
  program more viable from a business stand point.  He observe                 
  that  professional  and occupational  licenses would  not be                 
  renewed  for people  that are  in default  on their  student                 
  loans.    The  interest  rate  would  be variable.    If  an                 
  individual's loan  has been written  off due  to medical  or                 
  other reasons, they would be ineligible for a period of five                 
  years.   He maintained that  Family education loans would be                 
  more readily available.   He  observed that the  legislation                 
  contains a provision  to hold state warrants  to individuals                 
  in default of their student loan and doing business with the                 
  state, until their loan is resolved.                                         
                                                                               
  Representative  Bunde  provided  members   with  a  proposed                 
  committee substitute,  work draft 8-LS1752\D,  dated 3/25/94                 
  (copy  on file).   He explained that  the proposed committee                 
  substitute  addresses  the   WAMI  program  medical   school                 
  arrangement with the state of  Washington.  He observed that                 
  the  proposed committee substitute  would change the program                 
  from  a direct  grant to  a loan with  a forgiveness  of one                 
  fifth  of the  loan for  each year the  individual practices                 
  medicine in the state of Alaska.                                             
                                                                               
  DIANE BARRANS,  DIRECTOR,  STUDENT  FINANCIAL  AID  PROGRAM,                 
  DEPARTMENT OF EDUCATION stressed  that the legislation  will                 
  send  a  message  to  borrowers  and  bondholders  that  the                 
  Commission considers the  student loan debt to  be a serious                 
  obligation.    She  asserted that  the  Alaska  Student Loan                 
  Program should be made as consumer friendly as possible.                     
                                                                               
  Ms. Barrans  did not think  the Commission would  oppose the                 
  proposed committee substitute.                                               
                                                                               
  ERIC  FORRER,  MEMBER,  POSTSECONDARY  EDUCATION  COMMISSION                 
  spoke in  support of  the legislation.   He  noted that  the                 
  state of  Alaska has  invested approximately  $500.0 million                 
  dollars in the Student  Loan Program.  He asserted  that the                 
  Program must be self  perpetuating.  He spoke in  support of                 
  rigorous management.                                                         
                                                                               
  Representative Grussendorf  discussed loan  repayment.   Mr.                 
                                                                               
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  Forrer observed that  repayments go  into the General  Fund.                 
  The  Commission   needs  legislative   authority  to   spend                 
  receipts.                                                                    
                                                                               
  Representative  Martin  expressed  concern that  individuals                 
  would be  deprived of  the ability  to repay  their loan  if                 
  their license renewal is denied.                                             
                                                                               
  Mr. Forrer noted  that individuals in default  can negotiate                 
  with the Commission to be in  good standing.  The loan  does                 
  not have to be repaid in it's entirety for the individual to                 
  be in good  standing.  He reiterated  that the fund must  be                 
  managed rigorously to ensure that it continues.                              
                                                                               
  Representative  Parnell  expressed  concern   with  language                 
  specifying  default.    He asked  how  the  Commission would                 
  administer defaults.                                                         
                                                                               
  Representative Brown asked the long term fiscal soundness of                 
  the Fund.   She noted  that in FY  93, $7.6 million  dollars                 
  were forgiven  and $8.4  million dollars  were lost  through                 
  written  off  loans.    She  asked  if  loan  repayments are                 
  returning to the program.                                                    
                                                                               
  Ms.  Barrans  noted  that  repayments  are returned  to  the                 
  Revolving Loan Fund.   Legislative  authority is needed  for                 
  expenditure of operational  costs.  New loans are  made from                 
  repayments and sales of bond.                                                
                                                                               
  Representative Brown expressed concern with section  2 which                 
  changes the way interest is calculated.                                      
                                                                               
  (Tape Change, HFC 94-113, Side 2)                                            
                                                                               
  In  response  to a  questions  by Representative  Brown, Ms.                 
  Barrans stressed that oversight will come from the Board and                 
  the   Commission  and  the   Legislative  Budget  and  Audit                 
  Committee  to   assure  that  the  administrative   cost  is                 
  efficient.  The amount  forgiven each year is the  amount of                 
  statutory  obligation on  loans made prior  to 1987.   Write                 
  offs are the sum  total of death and disability,  bankruptcy                 
  and major medical.   She observed that  loan forgiveness has                 
  peaked.  Write  offs will  remain constant.   She  explained                 
  that a 1  percent guarantee fee  will be added to  students'                 
  loans  to cover write off costs.  The fee is a one time fee,                 
  added at the time of origination.                                            
                                                                               
  Representative  Therriault noted that response time from the                 
  Commission to student's inquires can be lengthy.  A  student                 
  may be in default before they  can resolve disputes with the                 
  Commission in regards to payments or other matters.                          
                                                                               
                                                                               
                                5                                              
                                                                               
                                                                               
  Co-Chair MacLean asked  if section 10 which allows the state                 
  to withhold payments on warrants would withstand litigation.                 
                                                                               
                                                                               
  NANCY BEAR-USERA, COMMISSIONER, DEPARTMENT OF ADMINISTRATION                 
                                                                               
  spoke in support of  aggressive management.  She  noted that                 
  repayments on the  loan go to  pay off the bonds  issued for                 
  new loans.  She expressed concern with the relative autonomy                 
  of the Commission and Corporation Board.                                     
                                                                               
  Commissioner Usera  noted that  the Department  is concerned                 
  with the provision  to withhold payments  on warrants.   She                 
  suggested  it  would  be  difficult   to  administer.    She                 
  anticipated that the  state would  be assessed penalties  on                 
  payments withheld.  She  noted that the authority  to attach                 
  payments already exists.  She observed  that the cost of one                 
  lawsuit regarding withheld vender payments could cancel  out                 
  receipts from collected payments.                                            
                                                                               
  Representative  Brown   questioned  if  the   Department  of                 
  Administration would be authorized under  federal law to use                 
  social  security  numbers  in order  to  track  licensees in                 
  default.                                                                     
                                                                               
  In  response  to a  question  by Representative  Martin, Ms.                 
  Barrans stated  that  the  Commission  will  give  borrowers                 
  plenty  of warning that the  provisions to deny renewals may                 
  affect them.                                                                 
                                                                               
  In response to  a question by  Representative Parnell,   Ms.                 
  Barrans  explained that  the  individual's history  with the                 
  loan  program would  determine  when  their license  renewal                 
  would be approved.                                                           
                                                                               
  In  response  to a  question  by Representative  Martin, Ms.                 
  Barrans  noted  that  $8.0  million  dollars were  garnished                 
  through permanent fund  dividend checks.  She  stressed that                 
  there is a  approximately $500.0 million dollars  in student                 
  debt owed  the state  of Alaska.   She  emphasized that  the                 
  portion written off is a small portion of the debt.                          
                                                                               
  Commissioner   Usera   noted   that    the   Department   of                 
  Administration's fiscal  note  for  $57.0  thousand  dollars                 
  would  be zero if  sections requiring the  holding of vender                 
  warrants are removed.                                                        
                                                                               
  Ms. Barrans discussed the revised fiscal note.                               
                                                                               
  Representative Bunde  requested that the  proposed committee                 
  substitute be held.  He explained that he would like to have                 
  the WAMI program addressed in separate legislation.                          
                                                                               
                                6                                              
                                                                               
                                                                               
  Representative Brown provided members with AMENDMENT 1 (copy                 
  on file).  She explained that the amendment would delete the                 
  floating interest rate.   She  suggested that the  provision                 
  would  allow  an  open   ended  charging  of  administrative                 
  expenses of the Commission.                                                  
                                                                               
  Representative Hanley echoed Representative Brown's concern.                 
  He suggested that  a percentage  of administrative costs  be                 
  included to equal  the amount  paid on bonds  issued plus  a                 
  maximum of 2 percent.                                                        
                                                                               
  Commissioner   Usera   noted  that   financial  institutions                 
  commonly charge  a 2  percent spread  on the  cost of  money                 
  versus  the  return  on  money  to  pay  for  administrative                 
  overhead.                                                                    
                                                                               
  Amendment 1  was held  for revision  to include  suggestions                 
  that administrative  costs be  tied to  a percentage of  the                 
  amount paid on bonds.                                                        
                                                                               
  Representative Brown provided members with AMENDMENT 2 (copy                 
  on file).   She explained  that the amendment  would require                 
  that  the   borrower  receive   adequate  notice   that  the                 
  Commission  is  proceeding  to  notify  the  Department   of                 
  Commerce  and  Economic  Development  that  the loan  is  in                 
  default.  The borrower  would have 60 days to take action to                 
  bring the loan current or make other arrangements.                           
                                                                               
  Representative Parnell  noted  that another  term  is  being                 
  added to  the contract  between the  Postsecondary Education                 
  Commission  and the  student.   Ms. Barrans stated  that the                 
  Commission  could   comply  with  Amendment  2   through  an                 
  attachment to the  120 day  letter.  She  stressed that  the                 
  Commission intends  to notify  the borrower  of the  statute                 
  changes in multiple ways.                                                    
                                                                               
  Representative  Brown  MOVED to  ADOPT  AMENDMENT 2.   There                 
  being NO OBJECTION, it was so ordered.                                       
                                                                               
  Representative Brown provided members with AMENDMENT 3 (copy                 
  on file).  She noted that the amendment would add to page 2,                 
  line 17, "if the borrower has an occupational license issued                 
  under  AS  08.  the license  may  not  be  renewed under  AS                 
  08.02.025."   Representative Brown MOVED to  ADOPT AMENDMENT                 
  3.  There being NO OBJECTION, it was so ordered.                             
                                                                               
  Representative Brown provided members with AMENDMENT 4 (copy                 
  on  file).   She  explained  that Amendment  4  would delete                 
  sections  requiring  the  Department  of  Administration  to                 
  withhold  vender payments  (sections 3  (c) and  9 and  10).                 
  Representative  Brown  MOVED to  ADOPT  AMENDMENT 4.   There                 
                                                                               
                                7                                              
                                                                               
                                                                               
  being NO OBJECTION, it was so ordered.                                       
                                                                               
  Representative  Martin  MOVED  to  delete  section  1.    He                 
  asserted that  the provision  to deny  renewal of  licensing                 
  discriminates against  individuals with state licenses.   He                 
  pointed  out  that other  individuals  could continue  to be                 
  employed even if they are in default of their student loans.                 
                                                                               
  Representative  Hanley  emphasized  that the  Department  of                 
  Commerce and  Economic Development will give  individuals in                 
  default a grace period to bring their loan into good faith.                  
                                                                               
  A  roll call vote was taken  on the motion to delete section                 
  1.                                                                           
                                                                               
  IN FAVOR: Martin, Foster                                                     
  OPPOSED:  Brown, Grussendorf, Hoffman,  Parnell, Therriault,                 
                 Larson, MacLean                                               
                                                                               
  Representative Navarre was not present for the vote.                         
                                                                               
  The MOTION FAILED (2-8).                                                     
                                                                               
  Representative  Davidson referred  to  the Family  Education                 
  Loan Program.  He questioned if borrowers, who are residents                 
  of the  state, should be able to apply for students, who are                 
  not residents of the state.                                                  
                                                                               
  Ms.  Barrans  noted  that  the  resident borrower  would  be                 
  allowed to apply for their children residing  outside of the                 
  state.   Representative Davidson clarified his  intention as                 
  the    sponsor of  the Family  Education  Loan Program.   He                 
  stated that his intention was that  a family would co-sign a                 
  loan.  Co-Chair MacLean noted  that "Alaskan resident" could                 
  be added  to "family member"  on line 30, page  5.  Co-Chair                 
  Larson spoke  against  the change.    He stressed  that  the                 
  resident is obtaining benefits from the loan.                                
                                                                               
  HB 506 was HELD in Committee for further discussion.                         

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