Legislature(1993 - 1994)

05/03/1993 02:50 PM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  HOUSE BILL NO. 252                                                           
                                                                               
                                                                               
       An  Act  amending the  Commercial  Fishing Loan  Act to                 
       authorize refinancing of existing loans made under that                 
       Act.                                                                    
                                                                               
  Co-chair  Pearce directed  that  HB 252  be  brought on  for                 
  discussion.     REPRESENTATIVE  MOSES   again  came   before                 
  committee.    He  explained  that  the proposed  bill  would                 
  provide  the  Dept.  of  Commerce  and Economic  Development                 
  authority to  refinance existing  commercial fishery  loans.                 
  Most of the 1,200 commercial  fishermen with state loans are                 
  paying 10.5% interest.   Regulations provide for  new, fixed                 
  rate loans at 2% above prime.  The current prime rate is 6%,                 
  and new  fishing loans  are at 8%.   There  is, however,  no                 
  mechanism for refinancing existing  loans to take  advantage                 
  of current low interest rates.                                               
                                                                               
  Over the past few years, commercial fishermen have faced low                 
  prices  and  unpredictable  fish  returns.    The  Dept.  of                 
  Commerce and  Economic Development approved  loan extensions                 
  for  nearly  half  of  the   existing  loans  following  the                 
  disastrous 1991 salmon  season.  This  year more than  3,000                 
  fishermen are reportedly in arrears  to the Internal Revenue                 
  Services for back  taxes.   Allowing fishermen to  refinance                 
  existing  loans and  reduce  monthly payments  will  provide                 
  assistance.  There is sufficient cash flow in  the revolving                 
  loan fund to accommodate the cost of refinancing.                            
                                                                               
  JERRY  McLUNE,  United  Fishermen  of  Alaska,  came  before                 
  committee voicing support for the bill.   He attested to the                 
  benefits of refinancing  an existing 10.5%  loan at 8%,  and                 
  noted that in not  allowing existing loan holders to  do so,                 
  the  state is  in effect  financing competitors  at a  lower                 
  rate.                                                                        
                                                                               
  As background information,  Mr. McLune spoke to  the success                 
  of  the loan  program, advising  that it  has  generated $40                 
  million to the general fund.   The requested relief is badly                 
  needed  during  present  difficult  economic  times  in  the                 
  fishing industry.                                                            
                                                                               
  Discussion followed between  Mr. McLune  and Co-chair  Frank                 
  regarding fixed and floating interest rates and the proposed                 
  term of refinanced loans.                                                    
                                                                               
  End, SFC-93, #73, Side 1                                                     
  Begin, SFC-93, #73, Side 2                                                   
                                                                               
  Mr. McLune attested to different  terms for different loans:                 
  permit loans, vessel loans, etc.                                             
                                                                               
  In response to additional questions from Co-chair Frank, Mr.                 
  McLune voiced his understanding that  in order to refinance,                 
  the borrower  would have  to be current  in his or  her loan                 
                                                                               
                                                                               
  payments.                                                                    
                                                                               
  KELLY SHARP, Loan Manager, Division of Investments, Dept. of                 
  Commerce and  Economic Development,  came before  committee.                 
  In response  to a question from Co-chair Frank regarding the                 
  impact  of  the proposed  bill  upon  the integrity  of  the                 
  commercial fishing revolving loan fund,  Mr. Sharp explained                 
  that  the impact would lower future  interest revenues by an                 
  estimated $1.6 million.  The department anticipates that all                 
  existing  loan  holders--approximately 1,250--would  want to                 
  take advantage of the interest break.                                        
                                                                               
  Co-chair Pearce pointed to the fiscal note from the Dept. of                 
  Commerce and Economic Development and referenced the request                 
  for four  new positions  (in addition  to the  existing four                 
  loan officers).  Mr. Sharp explained  that the new positions                 
  would be needed to  keep the loan processing time  at "about                 
  the same level."  A large influx of requests for refinancing                 
  would slow the  entire process.   In extending  refinancing,                 
  the department must  verify a number of  qualifications such                 
  as  residency.   Mr.  Sharp  noted  that the  House  cut the                 
  request in half to two positions for  a cost of $85.0.  Both                 
  Senator   Kelly  and  Co-chair   Frank  stressed   need  for                 
  minimizing  the   amount  of  paper  work   associated  with                 
  refinancing.   Senator Kelly cited  the streamlined  process                 
  used by AHFC in refinancing existing loans.                                  
                                                                               
  Discussion followed between  Co-chair Pearce  and Mr.  Sharp                 
  regarding current operation of the  loan program and payment                 
  schedules.  Mr.  Sharp advised that  most of the loans  call                 
  for an  annual payment in either October  or November, after                 
  the fishing season.                                                          
                                                                               
  Senator Sharp  inquired regarding  a  refinancing charge  to                 
  cover the  cost of the  paper work.   Mr. Sharp said  that a                 
  1/2%  fee  would be  charged.   It  is expected  to generate                 
  $228.0.  The average loan is   approximately $52.0.  Senator                 
  Kelly asked  if the refinancing  fee could be  deducted from                 
  the differential between the old and new  interest rate when                 
  making the  first refinanced  payment rather  than anted  up                 
  front.  Senator  Sharp  noted  that  AHFC  adds  refinancing                 
  charges  to  the principal  of  the  loan and  finances  the                 
  charges over the  term of the  loan.  Both Co-chairs  Pearce                 
  and Frank as well  as Senator Kelly voiced concern  that the                 
  department appears  to be  approaching refinancing  with the                 
  same detail as  first time loans.  They seriously questioned                 
  need for requested staff.                                                    
                                                                               
  DEAN  PADDOCK,  Bristol Bay  Driftnetters  Association, next                 
  came before committee in support of  the bill.  He predicted                 
  that the fishing  industry will need whatever  assistance it                 
  can  garner.    Interest rates  have  dropped  in all  other                 
  aspects of  society, and  fishermen should  also enjoy  that                 
  benefit.  He urged passage of the legislation.                               
                                                                               
                                                                               
  Senator Kelly  asked if  the prime  sponsor would  object to                 
  addition of the following language to the bill:                              
                                                                               
       Refinancing loan  origination charges of  1/2% are                      
       to be collected  when the first  refinance payment                      
       is due.                                                                 
                                                                               
  Representative  Moses  voiced  no  objection.    He  further                 
  commented  that he did not  believe all current loan holders                 
  would  refinance  due to  an  aversion  to paper  work.   He                 
  further  noted  that  the  program  has  lost  customers  to                 
  commercial banks  which have  had lower  interest rates  for                 
  some time.                                                                   
                                                                               
  Senator Kelly directed attention  to page 3, line 6,  of the                 
  bill and MOVED  to add  the above-cited language.   He  then                 
  voiced need for a letter of  intent urging the department to                 
  accomplish refinancing  utilizing as  little time  and paper                 
  work as possible.   No objection to either the  amendment or                 
  letter  of  intent  having been  raised,  the  amendment was                 
  ADOPTED.   Senator Kelly  advised  that he  would draft  the                 
  letter of intent.                                                            
                                                                               
  Discussion  followed regarding  the  fiscal note.   Co-chair                 
  Pearce reiterated  that House Finance allowed  two positions                 
  for a cost of $85.0.  She stressed that the positions are to                 
  be temporary rather  than permanent.   Co-chair Frank  MOVED                 
  that the position count and funding  be reduced to cover one                 
  position.    No  objection  having been  raised,  it  was so                 
  ordered.                                                                     
                                                                               
  Further  discussion of  fixed  and  floating interest  rates                 
  followed among members.                                                      
                                                                               
  PAUL  FUHS,  Commissioner,  Dept. of  Commerce  and Economic                 
  Development, briefly came before committee.   He attested to                 
  difficult  times  within  the  salmon  industry.   For  many                 
  fishermen, refinancing  will determine whether  they survive                 
  or do not make it.  He  stressed that the instant bill alone                 
  will  not  cure  existing problems  and  spoke  to  need for                 
  legislation relating  to the ASMI  assessment as well.   The                 
  Commissioner said the state will lose 10 to 15% of the value                 
  of its salmon industry this year.   Unless Alaska is able to                 
  break  into  the   domestic  market,   no  amount  of   loan                 
  refinancing will save the industry.                                          
                                                                               
  Co-chair  Pearce  called   for  additional  comments  and/or                 
  questions.  None were forthcoming.  She then queried members                 
  concerning disposal of the  bill.  Senator Kelly MOVED  that                 
  SCSHB  252  (Finance)  pass  from  committee with  a  Senate                 
  Finance letter of intent and Senate Finance fiscal note.  No                 
  objection  having  been  raised,  SCSHB  252  (Finance)  was                 
  REPORTED  OUT of committee  with a Senate  Finance letter of                 
                                                                               
                                                                               
  intent and a $41.1 Senate Finance  fiscal note for the Dept.                 
  of Commerce and  Economic Development.   All members  signed                 
  the committee report with a "do pass" recommendation.                        
                                                                               
  [This latter portion  of the meeting was  teleconferenced to                 
  Seattle, Washington.]                                                        
                                                                               

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