Legislature(2003 - 2004)

04/15/2003 03:04 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
SB 25-TEACHERS' HOUSING/AHFC LOANS                                                                                            
                                                                                                                                
CHAIR WILSON announced that the  first order of business would be                                                               
CS  FOR  SENATE  BILL  NO.  25(FIN),  "An  Act  relating  to  the                                                               
acquisition   of  teachers'   housing  by   regional  educational                                                               
attendance areas  and to teachers'  housing loan programs  in the                                                               
Alaska  Housing   Finance  Corporation;  and  providing   for  an                                                               
effective date."                                                                                                                
                                                                                                                                
Number 0104                                                                                                                     
                                                                                                                                
SHEILA  PETERSON,  Staff to  Senator  Gary  Wilken, Alaska  State                                                               
Legislature,  presented CSSB  25(FIN) on  behalf of  the sponsor,                                                               
Senator Gary  Wilken, and she  answered questions  from committee                                                               
members.   She explained  that CSSB 25(FIN)  is designed  to help                                                               
local  school districts  attract  and  retain the  best-qualified                                                               
teachers.   It  establishes a  new teacher  housing loan  program                                                               
offered through  Alaska Housing  Finance Corporation  (AHFC) that                                                               
allows an educator  to purchase a home with a  zero down payment.                                                               
AHFC  will  offer this  program  in  conjunction with  its  other                                                               
programs.   For  example, first  time homebuyers  would have  the                                                               
same interest rate as the existing  AHFC Program, but with a zero                                                               
down  payment.    In  addition,   CSSB  25(FIN)  allows  a  Rural                                                               
Education Attendance  Area (REAA)  school district  to construct,                                                               
own, or  manage rental  properties exclusively  for teachers.   A                                                               
public    elementary    or    secondary    teacher,    counselor,                                                               
administrator, or  provider of  special education  services would                                                               
be eligible  for the zero  down loan program.   The loan  is only                                                               
used one time  for an owner occupied, single family  home and the                                                               
individual must meet the existing AHFC credit criteria.                                                                         
                                                                                                                                
Number 0226                                                                                                                     
                                                                                                                                
MS.  PETERSON told  the committee  that the  zero down  teacher's                                                               
housing  loan program  would sunset  in five  years, which  would                                                               
allow  AHFC and  the  Alaska State  Legislature  to evaluate  the                                                               
program  to see  if they  wish  to continue  it.   She said  when                                                               
Senator  Wilken began  looking at  the program  he was  amazed at                                                               
what other  states were offering  to attract new teachers.   More                                                               
than two-thirds of Alaska's new  teachers come from out of state.                                                               
So in effect, Alaska's 53  school districts are competing against                                                               
other states  to attract  the best  educators for  Alaska's kids.                                                               
Other  states  are offering  teachers  signing  bonuses, and  one                                                               
state  offers down  payments  of  up to  $20,000  for  a home  to                                                               
encourage its teachers to remain in the community.                                                                              
                                                                                                                                
Number 0308                                                                                                                     
                                                                                                                                
MS. PETERSON  explained that as  the bill went  through committee                                                               
it  was amended  to  allow  REAAs to  own  and construct  teacher                                                               
housing.    This  addition  was   added  in  the  Senate  Finance                                                               
Committee to  ensure that  the existing  program that  was passed                                                               
last year would  work as intended.  Last  session the legislature                                                               
established  a  rural  housing   loan  program  for  multi-family                                                               
residences, exclusively  for public  school teachers.   The Lower                                                               
Kuskokwim  School District  expressed  an interest  to AHFC,  but                                                               
under  current law  an REAA  does not  have authority  to own  or                                                               
construct a  rental unit.  So,  SB 25 allows REAAs  to construct,                                                               
acquire,  and manage  rental homes  for teachers.   Those  people                                                               
will have  to apply  through AHFC  and qualify  just the  same as                                                               
other  borrowers  for  this program.    This  particular  program                                                               
offers  a 1  percent reduction  in the  interest rate  for multi-                                                               
family residences  for teacher rentals.   The  legislation states                                                               
that no state public funds or  the foundation formula can be used                                                               
for the purchase of a home.                                                                                                     
                                                                                                                                
Number 0406                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON   commented  that  there  had   been  some                                                               
confusion as  to who could use  this program.  He  asked if REAAs                                                               
are  all  exclusively  rural  school   districts  or  all  school                                                               
districts.                                                                                                                      
                                                                                                                                
MS. PETERSON  responded that REAAs  are not all  rural districts.                                                               
She said there are 19 REAAs  within 53 school districts and those                                                               
are  school districts  that are  within  an unorganized  borough.                                                               
These are school districts that  do not have taxing authority and                                                               
are not required to pay the formula requirement for education.                                                                  
                                                                                                                                
REPRESENTATIVE SEATON asked if [the bill] only applies to REAAs.                                                                
                                                                                                                                
MS. PETERSON said no.  One portion  of the bill that was added in                                                               
the  Senate Finance  Committee only  applies to  REAAs.   An REAA                                                               
school  district can  enter into  a loan  agreement with  AHFC to                                                               
purchase or  construct multi-family  residences for rental.   The                                                               
other portion of  the bill, which is Senator  Wilken's main focus                                                               
of  the bill,  offers  a  zero down  loan  program for  teachers.                                                               
These  are  teachers  who  are working  in  public  schools;  the                                                               
program would assist them so they  can get into a home and settle                                                               
down  in  a  local  community without  having  to  [provide]  the                                                               
conventional $10,000  to $20,000 down  payment.  This  portion of                                                               
the bill is only for an individual teacher.                                                                                     
                                                                                                                                
Number 0517                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON  clarified that the zero  down payment plan                                                               
for  individual teachers  does not  matter where  that individual                                                               
lives  in the  state.    The teacher  can  be  in Kenai,  Bethel,                                                               
Fairbanks,  or anywhere  in  the state.   He  asked  if that  was                                                               
correct.                                                                                                                        
                                                                                                                                
MS. PETERSON said correct.                                                                                                      
                                                                                                                                
REPRESENTATIVE SEATON  said the other  portion of the  bill deals                                                               
with multi-family dwellings and is only for REAAs.                                                                              
                                                                                                                                
MS. PETERSON replied that is correct.                                                                                           
                                                                                                                                
Number 0557                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GATTO asked  Ms. Peterson  if a  teacher who  has                                                               
been renting an apartment for ten  years in a community and wants                                                               
to buy a home would be excluded or included.                                                                                    
                                                                                                                                
MS.  PETERSON said  if the  teacher  had never  purchased a  home                                                               
under  the  zero  down  payment   plan,  that  teacher  would  be                                                               
included.                                                                                                                       
                                                                                                                                
REPRESENTATIVE GATTO turned attention to  the REAA portion of the                                                               
bill,  and he  said the  sponsor statement  does not  mention the                                                               
word "construct."  He asked for clarification.                                                                                  
                                                                                                                                
MS. PETERSON  explained that  is her  interpretation; if  an REAA                                                               
chooses to  get a loan  through AHFC through the  teacher housing                                                               
loan program, they would be able  to construct the building.  Ms.                                                               
Peterson said Dan Fauske would be able to answer that question.                                                                 
                                                                                                                                
REPRESENTATIVE  GATTO  asked  if  it would  be  the  district  or                                                               
teacher who would do the constructing.                                                                                          
                                                                                                                                
MS. PETERSON  pointed out that  there are two different  types of                                                               
loans in  the bill.   The teacher-housing  loan with a  zero down                                                               
payment is  for the individual  teacher.  The other  loan program                                                               
in which the housing is owned  and managed by REAAs is a district                                                               
run  program.   If  a  district did  choose  to construct  rental                                                               
units, it  would subcontract with  someone else to  construct the                                                               
building.                                                                                                                       
                                                                                                                                
Number 0690                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON clarified one  point about REAAs' authority                                                               
to construct  housing.   He said  language found  in the  bill on                                                               
page 1, lines 11-12, provides  for REAAs to construct housing for                                                               
rentals to teachers.                                                                                                            
                                                                                                                                
MS. PETERSON  said correct; this  is the language that  was added                                                               
to the general powers of an REAA.                                                                                               
                                                                                                                                
Number 0757                                                                                                                     
                                                                                                                                
CHAIR WILSON  asked if it is  true that the REAA  portion of this                                                               
bill  is really  a correction  of an  oversight from  last year's                                                               
bill.                                                                                                                           
                                                                                                                                
MS. PETERSON  replied that  last year Senator  Dave Donley  had a                                                               
rural housing  loan program  bill that was  modified, and  one of                                                               
the sections  he added at the  request of another senator  was to                                                               
offer a teacher housing loan  program for multi-family residences                                                               
for teacher  rentals that could be  used in rural areas  in which                                                               
teacher housing is limited.   The established program allowed a 1                                                               
percent  reduction to  the loan,  setup a  definition for  multi-                                                               
family housing,  and stipulated  that the  program could  only be                                                               
used for  teachers.  If  the units  were rented to  someone else,                                                               
then there would  be a change in the interest  rate.  The program                                                               
was designed for  rural communities and only for  educators.  The                                                               
problem is that  REAAs do not have the authority  to do that, she                                                               
explained.   So,  SB  25 was  amended by  Senator  Wilken at  the                                                               
request of Senator Lyman Hoffman  to allow REAAs the authority to                                                               
enter into  contracts to construct  or otherwise  acquire housing                                                               
that  could be  used for  teacher  rentals.   Senator Wilken  was                                                               
concerned about the monies used for  this program, so it was also                                                               
amended in  the Senate Finance  Committee to prohibit the  use of                                                               
state foundation dollars in this program.                                                                                       
                                                                                                                                
Number 0907                                                                                                                     
                                                                                                                                
CHAIR WILSON  said the reason the  bill was passed last  year was                                                               
because there were certain areas of  the state that were having a                                                               
very difficult  time getting teachers  to live and work  in their                                                               
communities.   She  said  this  bill does  not  really help  lure                                                               
teachers  out  into those  rural  areas  because with  this  bill                                                               
teachers  anywhere  can  get  either cheaper  rent  or  a  school                                                               
district  may even  be allowed  to give  the teacher  a place  to                                                               
stay.  This  bill is really leveling the playing  field because a                                                               
teacher anywhere  in the state,  if it  is their first  home, can                                                               
get a loan with a zero down payment.                                                                                            
                                                                                                                                
MS. PETERSON replied that she does  not believe that is a correct                                                               
interpretation of the effect of the  bill.  She said she believes                                                               
this bill  will make it  more desirable  for teachers to  go into                                                               
the rural  communities.  Currently,  she said there are  no homes                                                               
available  for teachers  in some  rural communities.   This  bill                                                               
will allow REAAs to build a  multiple housing unit, so that there                                                               
is a  stable housing  facility for teachers.   Ms.  Peterson said                                                               
the  zero down  payment plan  really  applies to  the more  urban                                                               
communities.   She  summarized  that allowing  REAAs  to own  and                                                               
construct rural housing is a  beginning in addressing the need in                                                               
rural areas.                                                                                                                    
                                                                                                                                
Number 1008                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON asked if REAAs  currently own facilities or                                                               
if this  a new duty  that they will  be taking  on.  He  asked if                                                               
rural schools are owned by the state or by REAAs?                                                                               
                                                                                                                                
MS. PETERSON  replied that  she is  not sure.   She  said perhaps                                                               
Representative Kapsner  knows the answer  to that question.   Ms.                                                               
Peterson said when  funds are appropriated for new  schools to be                                                               
built, they  are built  by the  REAAs, but she  did not  know who                                                               
owns the buildings.                                                                                                             
                                                                                                                                
CHAIR WILSON  commented that the  housing situation  is different                                                               
in  every  school  district  across   the  state.    Some  school                                                               
districts offer housing at a  much cheaper rate than the teachers                                                               
could get  anywhere else.   Other  school districts  have housing                                                               
that  is very  expensive,  as high  as $1,200  per  month.   Some                                                               
districts provide  the superintendent  with a  house to  live in.                                                               
She  said when  she  lived in  Tok the  school  system there  had                                                               
housing  for  the  teachers,  but there  was  no  electricity  or                                                               
running water.                                                                                                                  
                                                                                                                                
Number 1156                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KAPSNER   agreed  with  Chair  Wilson   that  the                                                               
situation varies by district.   For instance, each village in the                                                               
Lower Kuskokwim  School District  has houses  that can  be rented                                                               
and many of them are substandard,  which is one of the reasons it                                                               
is difficult to keep teachers.   There really is no option to buy                                                               
a house there or  in most villages, she said.   A lot of teachers                                                               
are stuck  paying very high  rent for older,  inadequate housing.                                                               
She told the  committee it is interesting to see  the fights that                                                               
go on  within the school over  who gets which apartment  or house                                                               
to rent.                                                                                                                        
                                                                                                                                
REPRESENTATIVE SEATON said  he is in support of  the concept, but                                                               
he would  like to know  if the REAAs  are actually owners  of the                                                               
buildings or whether  the state owns the buildings  and the REAAs                                                               
are managing them.                                                                                                              
                                                                                                                                
CHAIR WILSON  commented that perhaps individuals  from AHFC could                                                               
answer that question.                                                                                                           
                                                                                                                                
Number 1275                                                                                                                     
                                                                                                                                
DANIEL FAUSKE,  Chief Executive  Officer and  Executive Director,                                                               
Alaska  Housing  Finance   Corporation,  Department  of  Revenue,                                                               
testified  in  support  of  CSSB  25(FIN).   He  said  this  bill                                                               
authorizes  REAAs to  enter  into a  loan  arrangement with  AHFC                                                               
under normal  underwriting criteria.   In  reference to  who owns                                                               
the facilities, he said he would  assume it would be the state in                                                               
a  relationship  they  have  with  REAA.   He  said  one  of  the                                                               
questions that came  up was do REAAs have the  authority to bond.                                                               
Most school  districts in the  incorporated areas  hold elections                                                               
and bond,  but REAAs do  not have  that authority.   He explained                                                               
that this bill  will allow REAAs to  come to AHFC with  a plan to                                                               
build  a facility  and  the corporation  would  analyze the  plan                                                               
under  normal   underwriting  criteria   to  check   the  revenue                                                               
generated  by rents  from the  teachers  and determine  if it  is                                                               
sufficient to  support the overall  costs of the project  once it                                                               
is completed.   Mr. Fauske  asked who owns the  school facilities                                                               
in REAAs.                                                                                                                       
                                                                                                                                
Number 1350                                                                                                                     
                                                                                                                                
PAUL  KAPANSKI,  Director,  Mortgage Operations,  Alaska  Housing                                                               
Finance  Corporation,   testified  via  teleconference   on  CSSB
25(FIN).  Mr.  Kapanski said he does not know  what the ownership                                                               
is on  school facilities in REAAs,  but he assumes that  the REAA                                                               
would own  it.  He reiterated  that is only an  assumption on his                                                               
part.                                                                                                                           
                                                                                                                                
MR. FAUSKE  explained that  in a normal  situation a  group would                                                               
approach  AHFC  with a  business  plan  or multi-family  loan  to                                                               
either buy  or build a ten-plex,  for example.  Mr.  Kapanski and                                                               
his staff would analyze that  documentation, and depending on the                                                               
size, determine  whether it fit  into the criteria in  which [Mr.                                                               
Fauske]  would have  the authority  to sign  off on  it or  if it                                                               
would have to  go to the board.   In that case, there  would be a                                                               
public  hearing  and   the  board  of  directors   would  make  a                                                               
determination.   The  project  would be  based  on its  financial                                                               
feasibility,  and AHFC  would enter  into an  agreement with  the                                                               
REAA  based  on  the  fact  that  it  would  be  constructing  or                                                               
purchasing  a unit  for  the sole  purpose  of housing  teachers.                                                               
Under normal circumstances,  AHFC would hold that  note and would                                                               
be the  creditor on  that transaction.   This  is what  AHFC does                                                               
with  any   entity,  single  family,  corporation,   company,  or                                                               
individual that comes to AHFC.                                                                                                  
                                                                                                                                
Number 1408                                                                                                                     
                                                                                                                                
CHAIR  WILSON said  she assumes  under  these circumstances  REAA                                                               
would be the owner of the  buildings.  She told the committee the                                                               
Department of  Education and Early  Development will  be advising                                                               
members on  the ownership of  school facilities in REAAs.   Chair                                                               
Wilson said the state would not  be responsible for the loans and                                                               
if the  state is not  responsible for  them, then the  REAAs bear                                                               
the  full  responsibility.    She  pointed  out  an  issue  these                                                               
contracts would face.  For  example, since REAAs are not boroughs                                                               
and  don't  have  a  tax  base and  cannot  use  money  from  the                                                               
foundation formula, the  contract would have to be  very tight to                                                               
ensure  that REAAs  have  enough teachers  to  fill those  units,                                                               
otherwise the  REAAs will default.   Chair Wilson  suggested that                                                               
in times of decreasing enrollment  that could be serious trouble.                                                               
She noted that many districts are laying teacher off.                                                                           
                                                                                                                                
MR. FAUSKE said  he thought this is a good  piece of legislation,                                                               
but it would not  fix everything.  He said this  is a great start                                                               
in  the  right direction,  because  the  biggest impediment  that                                                               
people in this  income level is the down payment.   Under current                                                               
state law, AHFC  is not allowed to do 100  percent loan to value.                                                               
The  highest value  AHFC can  go in  certain situations  is 95-97                                                               
percent, and then the borrower has  to come up with the remaining                                                               
3-5 percent.  For many  individuals that is difficult, especially                                                               
a young  single person  or a  couple coming  out of  college with                                                               
student loans to pay off.   Trying to get started with a teaching                                                               
salary, takes  some time to  build up funds.   He said  this bill                                                               
does a lot towards helping to solve this problem.                                                                               
                                                                                                                                
Number 1543                                                                                                                     
                                                                                                                                
MR. FAUSKE told the committee  this is also a nationwide problem.                                                               
He said he  was just in Washington, D.C. and  there was a similar                                                               
debate  with legislators  there about  issues related  to teacher                                                               
housing and the  recruitment and retention of teachers.   He said                                                               
AHFC prepared  a paper that  he would  send to the  committee for                                                               
review.   It is  not complete,  he said  but AHFC  got as  far as                                                               
possible in  terms of laying  out information gathered  from nine                                                               
of the twelve different school  districts polled about the number                                                               
of  teachers.   Mr. Fauske  agreed  with Chair  Wilson that  what                                                               
different  school districts  do with  respect to  housing varies.                                                               
The problem AHFC  is encountering is trying to write  a loan that                                                               
takes into consideration people who  do not live in the community                                                               
year round, coupled with salaries that  are not in line with what                                                               
construction costs are.   He said it has been  a rural phenomena,                                                               
but AHFC  is seeing  more of  it in  urban areas  as construction                                                               
costs go up and salaries  are not commensurate with rising costs.                                                               
Mr.  Fauske   explained  that   AHFC  is   seeing  that   gap  in                                                               
affordability  widen,   so  someone   going  into   the  teaching                                                               
profession either  has to do  something else or have  a difficult                                                               
time qualifying for the loans.                                                                                                  
                                                                                                                                
Number 1629                                                                                                                     
                                                                                                                                
CHAIR WILSON  said according to  the Department of  Education and                                                               
Early Development the school district would own the facility.                                                                   
                                                                                                                                
CHAIR WILSON  asked if AHFC  could set  up a contract  that would                                                               
accommodate the fact that teachers  only get paid for nine months                                                               
per year.   She  asked if,  for example,  a mortgage  of $100,000                                                               
required  monthly  payments of  $1,000,  could  AHFC set  up  the                                                               
contract to allow  monthly payments of $1,200 per  month for nine                                                               
months a year.                                                                                                                  
                                                                                                                                
MR. FAUKSE replied that that kind  of a contract is possible.  He                                                               
said,  for example,  AHFC would  analyze  under the  underwriting                                                               
criteria the cash  flow amount, the rent being paid,  and what is                                                               
done when teachers  are not paying.  Some  districts pay teachers                                                               
year round at  a reduced amount.  AHFC would  analyze the revenue                                                               
coming into  the REAA and  then determine the feasibility  of the                                                               
project.                                                                                                                        
                                                                                                                                
Number 1706                                                                                                                     
                                                                                                                                
MR. KAPANSKI  agreed with  Mr. Fauske's comments.   He  said what                                                               
AHFC looks at  in analyzing any multi-family project  is the cash                                                               
flow  and  the  timing  of  cash flow  based  on  offsetting  the                                                               
expenses.   AHFC  tries  to structure  payments  around the  cash                                                               
flow.                                                                                                                           
                                                                                                                                
CHAIR  WILSON said  she  was really  thinking  of the  individual                                                               
teacher loans  with no  down payment.   She  asked if  AHFC would                                                               
craft  a teacher's  payments  for  the nine  months  per year  by                                                               
adjusting the other payments slightly higher.                                                                                   
                                                                                                                                
MR. KAPANSKI replied  that is not something AHFC's  system is set                                                               
up to  do.   He said  those who  own their  own home  are usually                                                               
staying in  the community and  doing something else  during those                                                               
months to support the home.                                                                                                     
                                                                                                                                
MR.  FAUSKE told  the committee  that in  the case  of individual                                                               
home ownership,  the loan would  be based  on the ability  to pay                                                               
twelve  months a  year.   With an  REAA arrangement,  he said  it                                                               
would be  up to  them to  determine how they  will set  up rental                                                               
payments  with teachers.    There could  be  a potential  subsidy                                                               
involved or  some time of  reduced rent  over the summer.   REAAs                                                               
would  have  to  present  AHFC  with a  plan  on  cash  flow  and                                                               
determine who would pay under normal standards.                                                                                 
                                                                                                                                
Number 1798                                                                                                                     
                                                                                                                                
CHAIR WILSON said if this bill  passes, AHFC will be flooded with                                                               
teachers who will want to buy a  house with no down payment.  She                                                               
explained that  there are a  lot of  teachers in this  state that                                                               
are  not able  to own  their  own homes  and this  would make  it                                                               
available.  She asked Mr. Kapanski  why AHFC cannot setup a nine-                                                               
month payment plan.   Chair Wilson asked if it  is because AHFC's                                                               
computers are not setup for that kind of payment plan.                                                                          
                                                                                                                                
MR. KAPANSKI  said if  a teacher has  sufficient income  for nine                                                               
months of  the year  to qualify  for a loan,  AHFC would  have to                                                               
underwrite a loan  based on that nine months worth  of income for                                                               
a certain amount.  Once the  teacher qualifies based on that nine                                                               
months of income, then he or  she should have the ability to make                                                               
payments year round on the loan.                                                                                                
                                                                                                                                
Number 1852                                                                                                                     
                                                                                                                                
MR. FOUSKE replied that it really  comes down to what the teacher                                                               
makes and what can he or she afford.   For example, he said if an                                                               
individual buys  a car, even if  you are a teacher  and only work                                                               
nine  months per  year,  the  teacher is  still  driving the  car                                                               
twelve months and making payments twelve months per year.                                                                       
                                                                                                                                
REPRESENTATIVE  GATTO commented  that  this  seemed really  easy.                                                               
For example, he said if an  individual owes $500 with payments of                                                               
$100 per  month for five  months, and  instead pays $125  for the                                                               
first four  months, there is  still a  balance in the  account of                                                               
$100 even if no payment is made  in the fifth month.  So, he said                                                               
if teachers  pay enough in nine  months so there is  a balance to                                                               
cover  the other  three months,  it does  not seem  to take  much                                                               
bookkeeping  to achieve  this.   The  balance is  applied to  the                                                               
outstanding  debt for  the next  three months  and everything  is                                                               
even at the end of the year, he suggested.                                                                                      
                                                                                                                                
CHAIR  WILSON  replied  that  that  arrangement  would  not  work                                                               
because  the extra  money would  go towards  the principal.   She                                                               
said if the legislature is going  to have a program for teachers,                                                               
she would like to see a  payment plan that takes into account the                                                               
fact that teachers  work nine months a year.   She suggested that                                                               
payments should  be easier for  nine months per year  and provide                                                               
three months off while the teacher  is not working.  Chair Wilson                                                               
reiterated that  the amount would be  the same per year,  but the                                                               
payment plan would accommodate the  teacher's work schedule.  She                                                               
pointed out  that many  teachers spread  their salary  across the                                                               
full twelve months, but some do not.                                                                                            
                                                                                                                                
Number 1917                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON  advised  the committee  that  the  salary                                                               
payment selection  is one every  teacher can make.   Teachers can                                                               
take  a payment  either nine  or twelve  months per  year.   That                                                               
would be  a personal choice.   He told the committee  he does not                                                               
see this as a critical problem.                                                                                                 
                                                                                                                                
REPRESENTATIVE KAPSNER  asked if it would  be unconstitutional to                                                               
do this for teachers.  She  commented that she would love to have                                                               
her  mortgage payments  due during  session when  she makes  more                                                               
money, but AHFC will not do it.                                                                                                 
                                                                                                                                
Number 1961                                                                                                                     
                                                                                                                                
MR. FAUSKE replied that he  supports trying to help teachers, and                                                               
that is  not the issue for  AHFC.  He  said he is not  sure about                                                               
the  constitutionality of  the question  either,  but this  would                                                               
enter  a  dangerous  zone with  respect  to  normal  underwriting                                                               
criteria  and conventional  loans.   Teachers buy  homes all  the                                                               
time  under the  prevailing  system.   He said  as  far as  being                                                               
swamped with  teacher loans,  he hopes that  is the  case because                                                               
that is business  to the corporation.  This bill  makes it easier                                                               
for  teachers  to purchase  a  home  based on  affordability  and                                                               
commensurate salaries.   Mr. Fauske  promised the  committee that                                                               
AHFC would have a conversation  about seasonal payments.  He said                                                               
this question has been asked before  by fishermen that have a bad                                                               
season.   He  said it  gets  difficult to  forgive principal  and                                                               
interest, and he may be wrong  but he believed the corporation is                                                               
forbidden to  forgive the  interest under law,  but there  can be                                                               
some arrangements or concessions on  principal payments.  It also                                                               
depends on the funding criteria,  for example, if the corporation                                                               
is trying to  sell bonds to fund a program,  what might be gained                                                               
in simplicity or ease for  the ultimate consumer, the corporation                                                               
loses in  costs that are paid  because the risk is  increased for                                                               
the investor.   He said  AHFC wants  to provide the  best program                                                               
possible to assist teachers.   He reiterated that the corporation                                                               
will look at the possibility of a nine-month payment plan.                                                                      
                                                                                                                                
Number 2046                                                                                                                     
                                                                                                                                
CHAIR  WILSON commented  that the  House Finance  Committee could                                                               
look into that  issue.  She said the question  remains before the                                                               
committee as  to whether members  want to support a  program that                                                               
would  give teachers  an opportunity  to purchase  a home  with a                                                               
zero down  payment, and  whether the REAAs  should be  allowed to                                                               
take   advantage  of   the  program   offered   in  last   year's                                                               
legislation.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON asked  for clarification  with respect  to                                                               
REAAs.   He  said  in  organized boroughs  the  boroughs own  the                                                               
schools, not the  school districts.  He said he  does not want to                                                               
pass  legislation that  places obligations  and  duties on  REAAs                                                               
that are outside  of their current role  without everyone knowing                                                               
full well  that this is  happening.  He asked  for clarification.                                                               
He said Chair Wilson's comments  were well spoken with respect to                                                               
the  REAAs ability  to  make  payments if  the  rental units  are                                                               
vacant for a period of time.                                                                                                    
                                                                                                                                
Number 2118                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON  moved  to  report  CSSB  25(FIN)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.                                                                                                                   
                                                                                                                                
Number 2124                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL  objected for purposes of  discussion.  He                                                               
said  whether  it  is  a   fisherman,  police  officer,  fireman,                                                               
correctional  officer, or  other  group that  is struggling  with                                                               
employment retention, this is an  important discussion and policy                                                               
call.   Representative Coghill offered  an example, in  the past,                                                               
whenever there was  a discussion in committee  about an exception                                                               
to allowable absences for the  permanent fund dividend, for every                                                               
one  that  was  allowed,  there  were six  more  waiting.    This                                                               
committee  could  be  doing  that  as well  with  this  piece  of                                                               
legislation, he  suggested.   He said  he does  not have  a clear                                                               
understanding  of  the  mechanism   involved,  and  he  has  some                                                               
questions  about  Section 4.    Representative  Coghill told  the                                                               
committee he  would like  to get a  brief explanation  before the                                                               
vote.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  COGHILL  asked Mr.  Fauske  if  the reference  to                                                               
"other borrowers" in  Section 3 is related to  the proposed [Sec.                                                               
18.56.109].  He asked who the "other borrowers" are.                                                                            
                                                                                                                                
Number 2223                                                                                                                     
                                                                                                                                
MR. FAUSKE replied that "other  borrowers" refers to the REAAs, a                                                               
company, village  corporation, or  other entity that  might enter                                                               
into an  arrangement with the REAA  to build a facility  to house                                                               
teachers.  For  instance, he said if a  village corporation built                                                               
housing  for  teachers,   they  would  own  and   be  allowed  to                                                               
participate  in the  loan program  as  long as  the tenants  were                                                               
restricted to teachers.                                                                                                         
                                                                                                                                
REPRESENTATIVE  COGHILL  asked if  that  would  also satisfy  the                                                               
variety of  other individuals  who would want  to come  into this                                                               
type of a lending situation.                                                                                                    
                                                                                                                                
MR. FAUSKE responded that he did  not know if this language would                                                               
satisfy other individuals.  He said  he does not believe he could                                                               
address that issue.   Mr. Fauske said he is not  in a position to                                                               
address the  legality of creating a  lending program specifically                                                               
for  teachers.    When discussions  with  respect  to  policemen,                                                               
firemen, and others  have come up, AHFC has  always been referred                                                               
to  HUD's  (U.S. Department  of  Housing  and Urban  Development)                                                               
program called the  "good neighbor program."   The advantage that                                                               
HUD  has  is it  has  an  inventory and  it  can  take from  that                                                               
inventory and  designate certain houses  in a particular  area to                                                               
be specifically for public safety officers.                                                                                     
                                                                                                                                
Number 2284                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL  commented that  Mr. Fauske brings  up the                                                               
very point  he would like  to discuss.   He said what  happens if                                                               
for  some reason  an REAA  takes a  loan and  builds a  house for                                                               
teacher housing, and at some point  in the future that REAA makes                                                               
the decision  to put all  of its  money into a  regional learning                                                               
center.   They now have  teacher housing  that will no  longer be                                                               
fulfilling  that purpose,  he said.    He asked  Mr. Fauske  what                                                               
would happen to the loan.                                                                                                       
                                                                                                                                
MR.  FAUSKE  responded  that  AHFC  will  lend  money  after  due                                                               
diligence has been performed on  the application submitted to the                                                               
corporation.   He said one of  the points that will  be addressed                                                               
is  does   this  fit  within   the  legal  parameters   that  the                                                               
legislature established about who can  borrow the money, for what                                                               
reason, and  does it  have the  cash flow.   Any change  down the                                                               
road would have to be discussed  with the corporation if it has a                                                               
negative effect  on their ability to  service the loan.   He said                                                               
this is what AHFC does everyday.                                                                                                
                                                                                                                                
REPRESENTATIVE COGHILL  agreed that  was an economic  factor that                                                               
AHFC would  look at  as it  reviewed the plan.   He  said another                                                               
point  that  he  would  like   to  address  is  the  question  of                                                               
designating value.   In some communities it is  very difficult to                                                               
do because  there is no way  to regain the value  of the property                                                               
under default circumstances,  he suggested.  He  asked Mr. Fauske                                                               
to explain how this problem is addressed.                                                                                       
                                                                                                                                
Number 2359                                                                                                                     
                                                                                                                                
MR. FAUSKE  explained that the  value is established by  how much                                                               
is spent in trying to develop  something and how much revenue can                                                               
be generated to  pay for it.   In other words, he  said there are                                                               
"X"  number of  apartments  and the  teachers  will occupy  these                                                               
apartments, school  districts can  certainly make it  a condition                                                               
of employment  that the  teachers will  live in  teacher housing,                                                               
then AHFC will  analyze that based on the amount  of money coming                                                               
in versus what the payments are.   That is what is looked at with                                                               
respect to loan criteria, he said.                                                                                              
                                                                                                                                
TAPE 03-34, SIDE B                                                                                                            
                                                                                                                                
REPRESENTATIVE COGHILL said he understood  what AHFC will pay for                                                               
value, but he didn't see that in statute.                                                                                       
                                                                                                                                
Number 2340                                                                                                                     
                                                                                                                                
MR. KAPANSKI agreed  with Mr. Fauske's comments.  He  said in all                                                               
loans AHFC  engages an appraiser, and  it is up to  the appraiser                                                               
to determine value and whether  it is comparable to the immediate                                                               
area or  comparable in another geographic  area.  When it  is new                                                               
construction  the appraiser  looks  at construction  costs or  at                                                               
other comparables or  market sales.  He told  the committee there                                                               
are experienced  appraisers out in  rural market areas.   He said                                                               
AHFC  relies on  the [experienced  appraiser's] determination  of                                                               
the value.                                                                                                                      
                                                                                                                                
REPRESENTATIVE COGHILL said he knew  under prudent loan criteria,                                                               
AHFC will  not loan on  something that  looks good for  the first                                                               
three years and then becomes so costly it becomes an albatross.                                                                 
                                                                                                                                
Number 2311                                                                                                                     
                                                                                                                                
MR. FAUSKE agreed  with Representative Coghill.  He  said if AHFC                                                               
is selling bonds  to generate the funds to  support this program,                                                               
it does no  good unless AHFC is professional and  top of the line                                                               
in what  is done or the  corporation will be quickly  be shut off                                                               
from Wall Street in terms of issuing bonds.                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL  said he still questioned  the 100 percent                                                               
value of the  property.  He said it can  still be very subjective                                                               
in  some  areas  of  the  state,  and  even  though  there  is  a                                                               
depreciated value  of the  house and money,  the resale  value is                                                               
nothing compared to those two values in some areas of the state.                                                                
                                                                                                                                
MR.  FAUSKE agreed  with Representative  Coghill.   He  explained                                                               
that AHFC was trying to come up  with a way to build [housing] in                                                               
many of the rural areas.  Ideally,  he said there would be a real                                                               
estate  market that  is flourishing  with the  normal buying  and                                                               
selling  of a  property.   Unfortunately, he  said in  some areas                                                               
that  does not  exist because  there is  no inventory.   In  this                                                               
situation AHFC is  entering into an arrangement, and  in order to                                                               
help  recruit   and  retain  teachers,   an  REAA   under  normal                                                               
underwriting criteria  can come up with  plan to build a  unit in                                                               
which it houses teachers to bring  them into their region.  It is                                                               
a unique structure in that community, he said.                                                                                  
                                                                                                                                
Number 2233                                                                                                                     
                                                                                                                                
REPRESENTATIVE  COGHILL said  he knew  there was  a motion  still                                                               
pending,  but he  would like  to talk  to the  sponsor about  the                                                               
section to be repealed and the effective date in 2008.                                                                          
                                                                                                                                
REPRESENTATIVE  KAPSNER  said   she  really  appreciates  Senator                                                               
Wilken   sponsoring  this   bill  and   allowing  the   REAAs  to                                                               
participate.  She  said this is such  a big issue.   She said she                                                               
did not  question the legality  of the bill because  she believed                                                               
it was the  state's responsibility to educate kids.   She said in                                                               
many of  these communities teachers  are hesitant to go  to rural                                                               
areas,  and [the  condition  of  the living  areas]  can make  it                                                               
difficult to retain teachers.                                                                                                   
                                                                                                                                
REPRESENTATIVE  KAPSNER  said  her  father  was  a  principal  in                                                               
Tuntutuliak and her  family lived in a tiny house  with no carpet                                                               
or furniture, beds that were made  out of plywood, and no running                                                               
water or  bathroom facilities.   She said  the place was  not fit                                                               
for human  habitation.  She  told the committee her  father stuck                                                               
with  it  and her  family  lived  in  the  house for  two  years.                                                               
Representative Kapsner said she believed  this will go a long way                                                               
in being  able to recruit  and retain teachers.   She said  it is                                                               
the right thing to do.                                                                                                          
                                                                                                                                
Number 2166                                                                                                                     
                                                                                                                                
The committee took an at-ease from 3:59 p.m. to 4:04 p.m.                                                                       
                                                                                                                                
CHAIR WILSON  said she  would like  to hold  the bill  over until                                                               
Tuesday.  She  said she wanted the bill to  pass and believed the                                                               
committee was in agreement.   She suggested that teachers were in                                                               
short supply  all over the  nation, but the nursing  shortage was                                                               
actually worse than the teaching shortage.                                                                                      
                                                                                                                                
Number 2137                                                                                                                     
                                                                                                                                
MR. FAUSKE told  the committee that there is a  $4.3 million line                                                               
item  in  the  AHFC  capital   budget  for  rural  teacher/health                                                               
professional housing.   He said  he asked  the board to  put that                                                               
in, and he noted that AHFC put in  $8 million last year.  He said                                                               
he was  persistent, even  though there was  no program  in place,                                                               
because he  knew there was a  great need, not just  for teachers,                                                               
but also for health professionals.   He said after AHFC submitted                                                               
its  budget  to   OMB  [Office  of  Management   &  Budget],  the                                                               
Governor's Office  called him  and asked  his feelings  on adding                                                               
health professionals to  that line item.  He  told the governor's                                                               
office that  he whole-heartedly supported  it and that  the board                                                               
would as  well.  He  summarized by  saying that there  is support                                                               
for adding the nursing profession to the program.                                                                               
                                                                                                                                
CHAIR WILSON  commented that this committee  has a responsibility                                                               
not just  to education, but  also to health and  social services.                                                               
So,  she   said  it  would   be  in  the  committee's   scope  of                                                               
responsibility to address this issue.   She shared data about the                                                               
increased need  of health care  professionals between  [2003] and                                                               
2007.   She  said Alaska  will need  4,100 more  nurses than  are                                                               
currently here and that there is a vacancy rate of 11.5 percent.                                                                
                                                                                                                                
CHAIR WILSON  announced that  the bill would  be held  until next                                                               
Tuesday.                                                                                                                        
                                                                                                                                
Number 2052                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON  withdrew his  motion to move  CSSB 25(FIN)                                                               
out of committee.                                                                                                               
                                                                                                                                
MR. FAUSKE  added that he  is on  the School of  Nursing Advisory                                                               
Board and his mother was a  nurse, so he knows what the committee                                                               
is dealing with.                                                                                                                
                                                                                                                                
[CSSB 25(FIN) was held over.]                                                                                                   

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