Legislature(2023 - 2024)BARNES 124

04/21/2023 03:15 PM House LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 137 PHYSICAL THERAPY LICENSURE COMPACT TELECONFERENCED
<Bill Hearing Canceled>
*+ HB 138 AUD. & SPEECH-LANG INTERSTATE COMPACT TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
*+ HB 150 RESIDENTIAL BUILDING CODE TELECONFERENCED
<Bill Hearing Canceled>
+= HB 126 ASSOCIATE AND PROFESSIONAL COUNSELORS TELECONFERENCED
Heard & Held
-- Public Testimony <Three Minute Time Limit> --
+= HB 145 LOANS UNDER $25,000; PAYDAY LOANS TELECONFERENCED
Heard & Held
-- Public Testimony <Two Minute Time Limit> --
+= HB 21 SCHOOL/UNIVERSITY EMPLOYEE HEALTH INSUR TELECONFERENCED
<Bill Hearing Rescheduled to 04/24/23>
            HB 145-LOANS UNDER $25,000; PAYDAY LOANS                                                                        
                                                                                                                                
3:16:22 PM                                                                                                                    
                                                                                                                                
VICE CHAIR RUFFRIDGE  announced that the first  order of business                                                               
would  be HB  145, "An  Act  relating to  loans in  an amount  of                                                               
$25,000  or  less; relating  to  deferred  deposit advances;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
3:16:32 PM                                                                                                                    
                                                                                                                                
VICE CHAIR RUFFRIDGE opened public testimony on HB 145.                                                                         
                                                                                                                                
3:16:55 PM                                                                                                                    
                                                                                                                                
KRISTI  MAGUIRE,  representing  self, Bivocational  Pastor,  gave                                                               
public testimony in  support of HB 145.  She  stated that she has                                                               
worked this  past year with  the Mutual Aid Network  of Anchorage                                                               
to help  members of  the community  pay back  payday loans.   She                                                               
said that  people living paycheck  to paycheck need  these loans,                                                               
and she cannot think of an  ethical reason for the interest rates                                                               
to  be so  high.   She  expressed praise  for  the generosity  of                                                               
Alaskans and encouraged the legislature to create new solutions.                                                                
                                                                                                                                
3:19:57 PM                                                                                                                    
                                                                                                                                
ALAN  BUDAHL, Executive  Director,  Lutheran  Social Services  of                                                               
Alaska, gave  public testimony in support  of HB 145.   He stated                                                               
that  Lutheran Social  Services  frequently  receives calls  from                                                               
people who are struggling to  pay back payday loans.  Oftentimes,                                                               
people use such loans to pay  rent, and these high interest rates                                                               
disproportionately affect  low-income individuals.  He  related a                                                               
story of a woman  who went in to pay her  loan shortly before the                                                               
lender closed;  however, she was unable  to do so and  had to pay                                                               
significantly more interest.                                                                                                    
                                                                                                                                
3:22:11 PM                                                                                                                    
                                                                                                                                
NOEL  LOWE, Owner,  Alaska Fast  Cash, provided  public testimony                                                               
during  the hearing  in opposition  to HB  145.   He stated  that                                                               
payday loans  are only  a small  part of  his business,  as these                                                               
loans are  less profitable.   He explained that payday  loans are                                                               
meant  for   those  with  steady   employment  but  no   ties  to                                                               
traditional lenders.  He expressed  the opinion that the examples                                                               
of predatory  payday lending are  coming from lenders  outside of                                                               
Alaska,  rather  than  the  brick-and-mortar  stores  within  the                                                               
state.  He  explained that stores in Alaska  are highly regulated                                                               
by the state;  however, online lenders outside of  Alaska are not                                                               
concerned about regulations  in the state.   He expressed concern                                                               
that the  proposed legislation would  stop payday lenders  in the                                                               
state; therefore, more people would have  to turn to out of state                                                               
lenders.  He argued that missing  a mortgage or car payment often                                                               
has a  higher interest rate  than a payday  loan.  He  added that                                                               
payday  loan  lenders are  required  to  offer six-month  payment                                                               
plans which stop more interest from accruing.                                                                                   
                                                                                                                                
3:25:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FIELDS asked what  percentage of profits come from                                                               
payday loans.                                                                                                                   
                                                                                                                                
MR. LOWE  answered approximately  10 percent.   In response  to a                                                               
follow-up question,  he stated that  the reason for  payday loans                                                               
having such high interest rates is  because the loans do not have                                                               
collateral.                                                                                                                     
                                                                                                                                
REPRESENTATIVE FIELDS asked  why there is a high  rate of default                                                               
for  payday  loans,  if  the   people  taking  them  have  steady                                                               
paychecks.                                                                                                                      
                                                                                                                                
MR. LOWE  answered that payday  lenders do not want  customers to                                                               
default, and the income guidelines are  posted in the stores.  He                                                               
added that  each loan  default is  personal for  each individual.                                                               
In  response to  a follow-up  question, he  expressed the  belief                                                               
that  traditional  payday  loan  lenders  would  not  offer  this                                                               
service  in  states  which have  passed  laws  limiting  interest                                                               
rates.                                                                                                                          
                                                                                                                                
3:28:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRAX asked  whether payday  loan lenders  publish                                                               
their interest rates and whether they charge processing fees.                                                                   
                                                                                                                                
MR. LOWE answered  that payday loans are short  14-day loans, and                                                               
the state allows  a 15 percent interest to be  charged, with a $5                                                               
fee late fee.  In response  to a follow-up question, he expressed                                                               
agreement that the fee is lower  than the fee an individual would                                                               
be charged for over drafting a bank account.                                                                                    
                                                                                                                                
3:32:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER asked  how long  the 15  percent interest                                                               
rate lasts.                                                                                                                     
                                                                                                                                
MR. LOWE answered  that the 15 percent interest rate  is meant to                                                               
be for  a short 14-day  loan.  He  added that the  interest rates                                                               
would accrue if it took an entire  year to pay the loan posted in                                                               
the store.   In response  to a  follow-up question, he  said that                                                               
income guidelines  are posted in  the store.   He added  that the                                                               
terms in the  agreement are reviewed with each  customer, so each                                                               
customer understands the process.                                                                                               
                                                                                                                                
REPRESENTATIVE SADDLER expressed doubt in  his own ability to pay                                                               
back loans at the high interest rates he has seen.                                                                              
                                                                                                                                
MR. LOWE responded that the  highest interest rates only apply to                                                               
loans  which are  not paid  back in  365 days,  when the  loan is                                                               
meant to only cover  14 days.  He compared this  to renting a car                                                               
for a month, as  the car would cost $50 for only  one day, but it                                                               
would cost $1,500 for a month.                                                                                                  
                                                                                                                                
REPRESENTATIVE  SADDLER  asked  whether  a  payday  lender  would                                                               
accrue  additional costs  if a  payday  loan were  not paid  back                                                               
within 14 days.                                                                                                                 
                                                                                                                                
MR. LOWE answered that the state  allows a borrower to extend the                                                               
interest  two times.   If  that  individual cannot  pay back  the                                                               
loan, the lender  is required to offer a  six-month payment plan.                                                               
In  response to  a  follow-up  question, he  said  that the  only                                                               
additional cost  is the lost  opportunity cost of not  being able                                                               
to loan the money to another individual.                                                                                        
                                                                                                                                
3:37:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX commented that  payday loans are difficult to                                                               
collect, and  the extension  periods to pay  back the  loans have                                                               
the effect of reducing the actual posted interest rates.                                                                        
                                                                                                                                
3:37:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER asked  how  many borrowers  use the  six-                                                               
month payment plan.                                                                                                             
                                                                                                                                
MR.  LOWE expressed  uncertainty, as  it varies  seasonally.   In                                                               
response to  a follow-up question,  he expressed the  belief that                                                               
it is  less than half.   He added that  only about 25  percent of                                                               
borrowers default.                                                                                                              
                                                                                                                                
3:39:29 PM                                                                                                                    
                                                                                                                                
MARGE STONEKING,  Advocacy Director, AARP, gave  public testimony                                                               
in support of  HB 145.  She  stated that AARP supports  HB 145 in                                                               
order to protect  the financial security of older  Alaskans.  She                                                               
expressed the  opinion that older  individuals have  less options                                                               
to pay back  debts, and short-term loans are more  likely to harm                                                               
them than help them.  She  pointed out that there are small loans                                                               
available at  banks, and these  offer better options  than payday                                                               
loans.                                                                                                                          
                                                                                                                                
3:41:55 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  RUFFRIDGE, after ascertaining  there was no  one else                                                               
who wished to testify, closed public testimony.                                                                                 
                                                                                                                                
3:42:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX commented that  Mr. Lowe's testimony warrants                                                               
careful consideration.  He said  that in the retail business, bad                                                               
checks are often not collected  because the cost of collecting is                                                               
not  worthwhile.   Although the  costs may  be high  at a  payday                                                               
lender, high costs and other  consequences can occur if a payment                                                               
to a bank  or credit card company is late.   He expressed concern                                                               
that the  bill would not work  as intended and taking  such steps                                                               
would be akin to putting warning labels on cigarettes.                                                                          
                                                                                                                                
3:45:15 PM                                                                                                                    
                                                                                                                                
VICE CHAIR RUFFRIDGE announced that HB 145 was held over.                                                                       

Document Name Date/Time Subjects
HB0021A.PDF HL&C 4/21/2023 3:15:00 PM
HB 21