Legislature(1997 - 1998)

03/24/1998 09:15 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
CS FOR SENATE BILL NO. 223(RLS)                                                
"An Act lowering the age requirement from 60 years to                          
55 years for purposes of senior housing programs;                              
relating to the senior housing revolving fund; relating                        
to bonds to fund senior housing loans; repealing                               
provisions establishing the senior housing bond account                        
of the Alaska Housing Finance Corporation; and                                 
repealing a provision relating to the interest rate on                         
senior housing loans made by the Alaska Housing Finance                        
Corporation."                                                                  
                                                                               
                                                                               
Co-Chair Sharp noted this was the first hearing the                            
committee held on this bill.  He invited to the table,                         
BENJAMIN BROWN, Legislative Aid to Senator Tim Kelly, who                      
was the Chairman of Senate Rules Committee and sponsor of                      
this legislation.  Mr. Brown's testimony was as follows:                       
                                                                               
"The version before the Senate Finance Committee is a Rules                    
Committee Substitute, which is a little unusual.  That is                      
because members of the committee and other members of the                      
Senate were concerned that some of the fiscal implications                     
of this legislation had not been addressed.  I'm happy to be                   
here on Senator Kelly's behalf to make sure we look at those                   
things as carefully as they ought to be looked at."                            
                                                                               
"This bill attempts to remedy several problems in Alaska's                     
senior housing statute.  In 18 56.700, which is the area of                    
Alaska's statutes which sets up the Alaska Housing Finance                     
Corporation."                                                                  
                                                                               
"Back in 1990, Legislation was passed that created the                         
Senior Housing Office.  At that time it was in the                             
Department of Community and Regional Affairs.  That office's                   
purpose was to help provide loans that would make sure that                    
Senior Housing was available to Alaskans who wanted to                         
remain up here.  We had many other programs, obviously to                      
encourage seniors to be independent.  This is the housing                      
part of the picture.  The Senior Housing Office was merged                     
into AHFC when the merger went through in 1992.  At that                       
time AHFC took over managing the provisions of these loans                     
to make sure that non-profits that wanted to get together to                   
build either rental apartment units or ownership condos                        
would have financing available at a reasonable rate from the                   
state."                                                                        
                                                                               
"Since that time, of the nine senior housing projects that                     
have been built around Alaska, eight have been financed, not                   
under the Senior Housing Revolving Fund (the program we're                     
talking about today,) but have been financed instead under                     
the Special Needs Multi Family Loan Program, another of                        
AHFC's programs.  The reason for that is, this is an                           
antiquated statute and some of the things that were put in                     
back in 1990 into Senator Duncan's legislation that                            
originally created the OSH are just no longer necessary                        
given the superstructure of the AHFC over the Senior Housing                   
Program."                                                                      
                                                                               
"So, Senator Kelly was just interested in streamlining the                     
statutes and making sure that the unnecessary provisions                       
that date from a prior time when DCRA was in the senior                        
housing business are no longer there.  One very targeted                       
change he also wished to make was to lower the age of                          
eligibility for persons wishing to move into these publicly                    
financed senior housing projects from 60 to 55 years of age.                   
That was a specific response to difficulty in achieving                        
maximum occupancy at a couple facilities around the state.                     
One here in Juneau, which we are all pretty familiar with,                     
is Fireweed Place.  That large fairly new building off of                      
Calhoun near the Governor's house.  That was not financed                      
under the SHRF. It was finance under the other program I                       
mentioned, the SNMFP.  But if they had not been able to                        
lower their age of eligibility from 60 to 55, they would                       
probably still be at about 50 percent occupancy.  They've                      
raised that to about 75 percent thanks to the AHFC Board's                     
ability to lower the age of eligibility for moving in there                    
to 55 years."                                                                  
                                                                               
"This bill attempted to take that policy change, going from                    
60 to 55, and bring it back to the main loan program, which                    
ought to be used for the SHRF for the financing of senior                      
housing in Alaska."                                                            
                                                                               
After offering to answer any questions up to that point, Mr.                   
Brown continued.                                                               
                                                                               
"As I worked with AHFC, the bill was originally very simple                    
and just lowered the age to 55 from 60 in statute.  But then                   
Mr. Bittney, AHFC's Legislative Liaison who has much                           
experience in this branch of government as well, brought a                     
few more details forward as we went through the process of                     
little things that needed to be tweaked in 18 56.700.  One                     
of those things was getting rid of an old fiscal structure                     
where there was a bond account.  The corporation sold bonds,                   
the money from the bonds was put into the bond account and                     
then was transferred into the revolving funds each time a                      
loan had to be made."                                                          
                                                                               
"This legislation, at the recommendation of AHFC, (the Rules                   
Committee Substitute is where this change was put in,)                         
eliminates the bond account and takes it current assets of                     
some $14 million I believe, and puts them straight into the                    
revolving fund and makes it a fully functional financing                       
mechanism for these senior housing loans."                                     
                                                                               
"The bill also authorizes the capitalization of the SHRF                       
with up to $30 million in new bonds.  So there's two                           
infusions of capital into this new fund that we're                             
attempting to streamline so it can again be put to use as                      
the primary agent for financing senior housing in Alaska."                     
                                                                               
"I believe that may be the area of greatest concern to                         
members of the Senate Finance Committee, although I don't                      
want to second guess your judgement.  The point I'd like to                    
make most strongly this morning is, this legislation and the                   
cleaning up of statutes it accomplishes can proceed with or                    
without the transfer of the $14 million and the bond                           
account.  That's a policy call that AHFC I think would be                      
certainly be glad to speak to in a moment if given the                         
opportunity.  But that's not necessarily integral to what                      
Senator Kelly is trying to accomplish the way his bill came                    
out of the rules committee."                                                   
                                                                               
Co-Chair Sharp said he assumed the difficulty would be in                      
moving the money over without an appropriation.  He said the                   
committee would talk with Mr. Bittney on that issue.                           
                                                                               
Mr. Brown had one more thing to add to his presentation.                       
                                                                               
"There was a separate issue that was a bit of a bone of                        
contention, not so much with the AHFC staff, but some of the                   
members of the AHFC Board and some members of the senior                       
community, that by lowering the age in statutes for the                        
SHRF, there would be no flexibility.  It would just                            
automatically be down to 55 and the AHFC Board would have no                   
latitude if that ended up creating too much demand for                         
senior housing.  The way they handled it with the other loan                   
program, the SNMF loan program, the board has the regulatory                   
authority to lower it to 55 on a case by case basis.  It                       
seems that is more friendly approach to a lot of the senior                    
community. So much so that the Commission on Aging passed a                    
resolution in support of changing this bill so that it's not                   
a statutory lowering from 60 to 55, but enabling the AHFC                      
Board by regulation to take step."                                             
                                                                               
"This just gives them a little tighter hold on the reins on                    
the demand there if there is a problem.  It's really not -                     
they're Actuary Analysis does not anticipate a huge spike in                   
demand by adding five more years of population.  The average                   
senior in Alaska is 77.5 or something.  That's not the area                    
of senior population that is going to be most demanding on                     
these senior housing units.  But it's probably prudent to                      
make sure we don't change it in statutes and have to go and                    
raise it again at some future point."                                          
                                                                               
"So I have had the Finance Committee Secretary distribute a                    
workdraft "H" version.  It is identical to the Rules                           
Committee substitute except that it does not include a                         
statutory change in the age limit from 60 to 55, but leaves                    
it for the regulatory discretion of the AHFC Board."                           
                                                                               
"That's all I have.  Maybe the folks from the corporation                      
can address any other concerns."                                               
                                                                               
Co-Chair Sharp then invited JOHN BITTNEY, Legislative                          
Liaison for AHFC, and members of his staff to come to the                      
table. STEVE ASHMAN, Senior Housing Specialist for AHFC                        
joined Mr. Bittney.  Mr. Bittney made his statement:                           
                                                                               
"Mr. Chairman, we're here today to speak in favor of the                       
proposed draft CS that Mr. Brown has referenced.  My                           
understanding is that the CS would change the Rules                            
Committee version in relation to how the bill addresses the                    
lowering of the age requirement for these projects.  Instead                   
of taking a blanket, across the board approach in statute of                   
lowering the age eligibility from 60 to 55, it would more or                   
less put it into something that we would be able define by                     
regulation.  We would be limited by not being able to go                       
below the age of 55."                                                          
                                                                               
"Right now we do have a multi-family loan program that's                       
called Special Needs Program, that we've been financing most                   
senior projects around the state since the time of the                         
merger.  We got started in this discussion last summer by                      
addressing the age eligibility for those with the regulation                   
process."                                                                      
                                                                               
"We had proposed lowering it again much the same way the                       
bill originally did.  That did cause some concern on the                       
part of our board for its impact and that policy call.  The                    
draftsman here was working at the time and held some                           
hearings with some senior folks around the state and did a                     
survey."                                                                       
                                                                               
"So what the board did in its final review of that                             
regulation was basically say that senior developments around                   
the state - if they experienced some sort of an economic                       
hardship situation - they could apply to AHFC to lower the                     
age on a temporary basis down to the age of no lower than                      
55.  We would look at that regulation if the CS were to go                     
through to basically do the same thing for loans under the                     
revolving fund."                                                               
                                                                               
Mr. Ashman added to Mr. Bittney's comments:                                    
                                                                               
"Mr. Chairman I think its fair to acknowledge AHFC did                         
receive a letter from the co-chair of the Finance Committee                    
requesting that our board of directors review the assets                       
within the bond account as potentially being available.                        
That issue is being addressed at our board meeting as we                       
speak right now.  I expect to have a resolution or some sort                   
of board action with regard to that matter any minute now."                    
                                                                               
Senator Torgerson asked what kind of waiting list the                          
corporation anticipated if they dropped the age down to 55.                    
What would the impact be and how many folks would be                           
affected, he wondered.  Mr. Bittney responded by sharing                       
information on the demographic population.  He said he                         
looked at the '60 and above' and compared that to the '50                      
and above'.  When his office looked at the figures a couple                    
years ago, he thought the population of '60 and above' would                   
have went from about 35,000 up to 60,000 senior citizens                       
under that definition.  They didn't think it would have much                   
of a cause of increased demand on the loan program.  The                       
primary reason was because with independent senior housing,                    
the average age at the time of occupancy was about 75.  For                    
assisted living, the average age was 83 to 85 years of age.                    
He concluded that the more mobile senior wasn't likely to                      
move into the complex because they typically did not want to                   
move out of their own home.                                                    
                                                                               
Senator Torgerson then wanted to know what was the residency                   
requirement to receive the loan.  Mr. Ashman told him there                    
was a residency requirement under regulation or statute.  He                   
said that while an out of state developer could build senior                   
housing, it would have to be located within the State Of                       
Alaska and be utilized by Alaska citizens.  However, there                     
was no residency requirement like what may be required for                     
other loan programs administered by state agencies.                            
                                                                               
Co-Chair Sharp had a question on Page 2, Lines 21 and 22 of                    
the draft referring to bonds in the amount of no more than                     
$30 million.  He wanted to know if that was currently                          
accessed.  Mr. Bittney replied that it was not as there were                   
no applications pending before the corporation right now for                   
loans under this program.  He added, they were leaving in                      
place, the $30 million bonding cap in statutes.                                
                                                                               
Co-Chair Sharp interjected asking if that was a maximum                        
amount per project or a cumulative amount of bonds that                        
could be issued.  Senator Donley told him the amount was the                   
maximum amount of bonds that could be issued.  Mr. Bittney                     
agreed that was the way he also read the statute.                              
                                                                               
Mr. Bittney continued, pointing out the current statute that                   
was being deleted, which talked about approval by the                          
corporation.  That clause was leftover from before the                         
merger.  The bill would try to clear up some of the                            
ambiguity as to how authority worked between the two                           
accounts, he said.  He noted the difficulties in trying to                     
issue debt to capitalize one account and then have to                          
transfer the proceeds to be issued over to the loan fund.                      
It was not clear how the funds could be used as collateral                     
for the bond account.  He said it would be better to have                      
all the funds in one account.                                                  
                                                                               
Co-Chair Sharp asked where the $14.2 million dollars                           
originated that was currently in the SHRF account.  Was that                   
equity money of AHFC, he wanted to know.  Mr. Ashman                           
affirmed that.  He said the bond account had always been at                    
AHFC.  What happened, he explained, was when that was set up                   
in 1990 an appropriation bill went through the Legislature                     
that was tied to the enabling legislation.  The                                
appropriation granted $10 million of AHFC receipts into the                    
newly established bond account at that time.  It's been                        
there to this day.                                                             
                                                                               
Co-Chair Sharp asked if the funds were transferred in 1989.                    
Mr. Ashman replied he believed the year was 1990.  Co-Chair                    
Sharp noted that the money had been held in the account for                    
seven years and had not been utilized.  The rising account                     
balance was from the accrual of interest and not from loan                     
activity, he wondered. Mr. Ashman confirmed that.                              
                                                                               
Co-Chair Sharp questioned if the reason the funds had not                      
been put to use was because of the difficulty in accessing                     
the funds and making both statutes fit.  Mr. Bittney                           
answered that was correct.  In addition, he said when the                      
two funds and the functions were separated between AHFC and                    
DCRA, statute required that a surcharge be placed upon the                     
interest rate calculation for any loan going out.  The rate                    
was one-half percent for a permanent, or regular loan and                      
two points for a construction loan.  This was with the idea                    
that proceeds of the surcharge would be used to fund DCRA.                     
Now that the program is a part of AHFC it is not necessary,                    
he concluded.  Basically, he surmised that by going to the                     
other loan program where folks could apply for low-income                      
senior housing, they could avoid the surcharge.  Section                       
Eight of the pending legislation would repeal the surcharge.                   
                                                                               
Mr. Bittney continued by saying what AHFC would do if this                     
loan program were improved.  They would use the fund to                        
address the needs of moderate, or middle-income market rate                    
senior housing.  He explained that the special needs program                   
was something that had been geared toward lower income                         
situations that require set-asides and was where AHFC would                    
offer tax-exempt rates, which come with strings attached.                      
His office was seeing more interest in market rate or                          
moderate, middle-income senior housing.  By improving the                      
senior loan program, efforts would be placed in making loans                   
for these programs.  In Mr. Bittney's opinion, that was the                    
intention of the program.                                                      
                                                                               
Co-Chair Sharp pointed out the "Senior Housing Mortgage                        
Loans" and asked if that was what these monies would be used                   
for, as well as loans made for building materials for senior                   
housing.  He questioned that to qualify, did the projects                      
have to multi-unit housing, or could single-family units                       
participate.  As Mr. Bittney recalled the legislation, AHFC                    
would have the ability to finance single family homes for                      
senior citizens 60 years of age or older under existing                        
definition. He doubted they would ever use that mechanism                      
because their single-family home products had a much more                      
favorable interest rate than they would under this program.                    
Traditionally the interest rates had been higher under the                     
special needs program and the senior program than the                          
prevailing market rates.                                                       
                                                                               
Co-Chair Sharp directed the conversation to the lowering of                    
the permissible age.  He asked if the regulation would be                      
set by the board, or by the executive director or staff.                       
Mr. Bittney explained how under the administrative                             
procedures they would have to take a regulation to the board                   
of directors as well as hold public hearings.  Co-Chair                        
Sharp wanted to know if once the regulation was approved,                      
did Mr. Bittney foresee a delegation of authority to the                       
AHFC administration.  Mr. Bittney responded that the current                   
regulations for the special needs program - as far as                          
applying for the hardship situation - was done through the                     
staff.                                                                         
                                                                               
Co-Chair Sharp mentioned objections he had heard with regard                   
to lowering the age to meet the federal age limit of 55.                       
The seniors who currently live in senior housing were not                      
too excited about getting a lower age group in their                           
complex, according to comments he had received.  He asked if                   
these complexes were owner-occupied, like condominiums.                        
                                                                               
Mr. Brown told the committee he visited many senior housing                    
developments across the state while working on this                            
legislation.  The only ownership facility was Chester Park                     
in Anchorage.  It was unique because of that. The good thing                   
about it being a real condo, many of the Alaskans there had                    
been able to convert the equity in their homes into buying                     
the units.  That was a very nice transition, he commented.                     
He noted a collegial, village-type arrangement at Chester                      
Park that was geared toward middle and upper-middle class                      
seniors.  He said he met with some of the residents and the                    
manager and never heard of concerns about a new influx into                    
the population.  In his opinion, the residents were hoping                     
to get more occupants to help share with the fixed costs.                      
                                                                               
Senator Adams arrived at the meeting, coming from a public                     
testimony hearing and stated for the committee that the                        
reality checks in rural Alaska and in Anchorage was - people                   
did not want to cut the budget.                                                
                                                                               
Co-Chair Sharp brought the discussion back to the bill at                      
hand.  He pointed out that the proposed draft did not                          
transfer or allocate funds.  Mr. Brown interjected saying                      
Section 7 of Workdraft H did transfer all assets in the                        
Senior Housing Bond Accounts, on the effective date of the                     
act, into the Senior Housing Revolving Fund.  He didn't know                   
if that would be an impediment for those funds being further                   
appropriated, but they would be a different source of                          
appropriation.  He didn't know if that legislation would                       
have to be changed to permit that eventuality later in the                     
session.  The workdraft did make the transfer just for the                     
purpose of tidying up the statute and getting rid of the                       
bond account, an unnecessary financial instrument.  The                        
revolving fund was meant to be the source of loans and the                     
destination of repayments.                                                     
                                                                               
Co-Chair Sharp asked for confirmation that all the assets in                   
the Senior Housing Bond Account were Alaska Housing equity                     
and had nothing to do with any bond receipts or obligated                      
funds.  Mr. Ashman affirmed that.  He added that under                         
Section 8, the bond account was being repealed, and                            
elaborated on the details.  There was further clarification                    
on that matter between Co-Chair Sharp and Mr. Ashman.                          
                                                                               
Co-Chair Sharp stated his desire to hold the bill until the                    
decision was received from the board on the request by the                     
co-chairs.  He offered to allow the workdraft be adopted by                    
the committee in the meantime.                                                 
                                                                               
Senator Adams moved and asked unanimous consent that Senate                    
Finance Committee Substitute for SB 223 Version H be adopted                   
as a workdraft.  There was no objection and Co-Chair Sharp                     
so ordered.                                                                    
                                                                               
Co-Chair Sharp thanked the involved parties for their                          
participation.  He warned of the possibility that Section 7                    
would be struck from the bill.  He wanted to ensure that it                    
would not cause damage to the other goals the sponsor wanted                   
to accomplish.                                                                 
                                                                               
That concluded discussion on the bill.                                         
                                                                               

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