Legislature(2003 - 2004)

04/27/2004 09:02 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     SENATE BILL NO. 393                                                                                                        
     "An  Act  relating  to  default on  tuition,  fees,  and  other                                                            
     charges of the University  of Alaska and to claims on permanent                                                            
     fund  dividends for  tuition, fees,  and other  charges of  the                                                            
     University of Alaska that are in default."                                                                                 
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair  Wilken informed  the Committee  that this  bill, which  is                                                            
sponsored  by the  Senate  Finance Committee,  would  authorize  the                                                            
University  of Alaska  to  garnish an  individual's  Permanent  Fund                                                            
Dividend  (PFD) for  payment of  defaulted tuition  fees, and  other                                                            
fees owed to  the University. He noted  that Version 23-LS1945\A  is                                                            
before the Committee.                                                                                                           
                                                                                                                                
PAT  PITNEY,  Director  of  Budget  Development  and  Institutional                                                             
Planning, University  of Alaska, testified  via teleconference  from                                                            
an offnet  site and expressed  that "the  University is looking  for                                                            
every  way to  maximize  its  generated revenue."  This  bill  would                                                            
implement  a means  through which  the University  could collect  on                                                            
outstanding  loans in  a fashion  similar  to that  utilized by  the                                                            
Alaska Student  Loan Corporation (ASLC)  that allows it "to  garnish                                                            
PFDs for  past due or defaulted  debt." Language  in the bill  would                                                            
assure that  due process  would be observed.  This is a "safe  bill"                                                            
which would  allow the  University  to collect,  in the first  year,                                                            
approximately  $400,000. The  amount collected  would decrease  over                                                            
time as outstanding  debt is reduced. There are approximately  1,700                                                            
individuals  with outstanding University  debt. Through coordinated                                                             
efforts  with the Department  of Revenue's  Permanent Fund  Dividend                                                            
Division,  assurances  have  been  established  to insure  that  the                                                            
University's  PFD  garnishment  attachment  would align  with  other                                                            
Permanent Fund Dividend attachment policies.                                                                                    
                                                                                                                                
DARWIN  PETERSON, Staff  to  Senator Gary  Wilken,  Co-chair of  the                                                            
Senate  Finance  Committee  reiterated   that  the  University  debt                                                            
collection  process being  proposed is similar  to that utilized  by                                                            
the  ASLC. He  characterized  the  University's  current  collection                                                            
process  as being  "aggressive"  in  that five  separate  collection                                                            
notices  are sent  out  over a  six month  period,  with  additional                                                            
notices  offering deferred  payment plans  in addition to  utilizing                                                            
collection  agencies.  However,  regardless  of  these  efforts,  in                                                            
excess  of one million  dollars in  180-day or  longer debt  remains                                                            
outstanding. The  University estimates that of that  amount $800,000                                                            
is attributable  to students who collect  PFDs. In order  to provide                                                            
the maximum protection  to citizens, the proposed  methodology would                                                            
specify  that  extensive  notification,   warning,  and  an  appeals                                                            
process  must be  implemented prior  to garnishing  an individual's                                                             
PFD.                                                                                                                            
                                                                                                                                
Mr.  Peterson estimated  that  half of  the $800,000  original  debt                                                            
could be  collected the  first year were  this program implemented,                                                             
and that in subsequent  years, $100,000 could be collected annually.                                                            
The  proposed   legislation  would   provide  the  University   "one                                                            
additional  avenue" through  which  to collect,  rather than  "write                                                            
off", debt.                                                                                                                     
                                                                                                                                
SHARON   BARTON,  Director,   Permanent  Fund   Dividend   Division,                                                            
Department  of Revenue, stated that  the legislation being  proposed                                                            
is  "straight forward"  and  would not  present  any implementation                                                             
obstacles.  The  Division  would  experience   an  initial  one-time                                                            
expense related  to computer reprogramming  to allow the  University                                                            
garnishment.                                                                                                                    
                                                                                                                                
Senator   Bunde  questioned   how   University   tuition  could   be                                                            
delinquent, as he understood  that tuition is typically collected in                                                            
advance.                                                                                                                        
                                                                                                                                
Ms. Pitney  affirmed that the University's  policy is that  students                                                            
pay up front;  however, she allowed that the delinquency  process is                                                            
intensive in that when  the financial committee reviews students who                                                            
are past due  in their payments a  multitude of factors are  at play                                                            
such as students  being delinquent due to anticipated  financial aid                                                            
that does not occur; students  who "have an intent to pay" that does                                                            
not  transpire; and  essentially  the students  "are  looked at  and                                                            
accepted as a  risk that follows through at some point."  She opined                                                            
that the one million dollar  delinquency total, out of a $60 million                                                            
dollar total,  "relatively speaking  is a small amount."  Being able                                                            
to collect $400,000  of the one million dollar total  would be worth                                                            
the endeavor.  She noted that in addition to tuition  delinquencies,                                                            
other delinquent  charges included in the total include  such things                                                            
as dorm room damages and parking fees.                                                                                          
                                                                                                                                
Senator Bunde  encouraged the University  to strengthen its  tuition                                                            
bad  debt collection  policy  as holding  students  responsible  for                                                            
their obligation  is part  of the learning  experience. He  recalled                                                            
that financial  aid checks often identify  both the student  and the                                                            
school  in   order  to  insure  that   the  funds  would   be  spent                                                            
appropriately.                                                                                                                  
                                                                                                                                
Senator  Bunde  questioned   the  appropriateness   of  placing  the                                                            
garnishment   of  PFDs   for  University   delinquencies  ahead   of                                                            
garnishments  for domestic violence  delinquencies and Alaska  Court                                                            
matters, as denoted in  the payment priority list denoted in Section                                                            
2 of the bill on page two, beginning on line nine.                                                                              
                                                                                                                                
                                                                                                                                
SFC 04 # 95, Side B 09:49 AM                                                                                                    
                                                                                                                                
                                                                                                                                
Ms. Pitney responded  that the rationale for placing  the University                                                            
garnishment  as number four  of eight is that  this would place  the                                                            
University's  garnishment  behind that  of the  Alaska Student  Loan                                                            
Corporation. This rationale was the impetus for its placement.                                                                  
                                                                                                                                
Senator Bunde  pointed out that there  "would be potential  costs to                                                            
the State" were the University  to maintain the number four position                                                            
on the garnishment  priority list,  as such things as Court  ordered                                                            
fines would be secondary to the University's garnishments.                                                                      
                                                                                                                                
Co-Chair  Wilken characterized  the  University's  placement on  the                                                            
priority list as being "somewhat objective."                                                                                    
                                                                                                                                
Ms. Pitney agreed.                                                                                                              
                                                                                                                                
Co-Chair Green questioned  why this legislation is necessary, as she                                                            
understood  that, in addition to an  agency of the State  being able                                                            
to collect  such things  as child  support debt  from an  individual                                                            
through the PFD  garnishment process, anyone could  garnish anything                                                            
for a proven debt through the legal process.                                                                                    
                                                                                                                                
Co-Chair Green  also questioned whether the University's  collection                                                            
in this  manner is appropriate  or whether  the University's  fiscal                                                            
note, dated April 23, 2004  is correct as it indicates that it would                                                            
cost $400,000 to collect $400,000.                                                                                              
                                                                                                                                
Ms. Pitney  responded that  the fiscal note  might not be  correctly                                                            
presented,  as the  intent of  the University  would  be to add  one                                                            
staffing position to develop  the collection program the first year.                                                            
The associated  expense, she continued  would amount to $100,000  of                                                            
the anticipated  $400,000  revenue in  FY 05.  The $300,000  revenue                                                            
balance,  she  stated,  would be  distributed  to  other  University                                                            
components.  In subsequent years,  the cost of managing the  program                                                            
would be minimal.                                                                                                               
                                                                                                                                
Co-Chair Wilken  understood therefore  that the fiscal note  depicts                                                            
that, in FY 06, it would cost $30,000 to collect $350,000.                                                                      
                                                                                                                                
Ms. Pitney concurred that that is the intent.                                                                                   
                                                                                                                                
Co-Chair Green  opined that the fiscal note should  be re-worked, as                                                            
the intent is not properly reflected.                                                                                           
                                                                                                                                
Co-Chair Wilken stated that the fiscal note would be re-worked.                                                                 
                                                                                                                                
Co-Chair Green  restated her earlier  argument that due to  language                                                            
in Section 2, subsection  (b) on page two, beginning on line 26, the                                                            
University  is already qualified to  garnish an individual's  PFD as                                                            
it is an agency of the State.                                                                                                   
                                                                                                                                
Ms.  Pitney  clarified  that the  language  does  not apply  to  the                                                            
University  as it,  like the  Alaska  Student Loan  Corporation,  is                                                            
recognized as a separate  entity rather than an agency of the State.                                                            
Therefore, she clarified  that the language in Section 2, subsection                                                            
(b)(4) is required to allow  the University, as a separate entity of                                                            
the State, to collect outstanding debt via the PFD garnishment.                                                                 
                                                                                                                                
     (4) claims on defaulted tuition, fees, and other charges of                                                                
     the University of Alaska under AS 43.23.073;                                                                               
                                                                                                                                
Ms. Barton  could not speak  regarding whether  or not the  language                                                            
would be required;  however, she noted  that this legislation  would                                                            
provide the  University the authority  to garnish up to 100-percent                                                             
of an  individual's PFD  rather than "80-percent  which is  standard                                                            
for other garnishments not included under this exemption."                                                                      
                                                                                                                                
Co-Chair Green understood  therefore that absent this legislation, a                                                            
maximum of 80-percent could be garnished.                                                                                       
                                                                                                                                
Ms. Barton affirmed.                                                                                                            
                                                                                                                                
Senator B. Stevens understood  therefore that the entities specified                                                            
in Section  2,  subsection (b)  would be  entitled  to garnish  100-                                                            
percent of  a PFD, and that those  not listed could collect  up to a                                                            
maximum of 80-percent.                                                                                                          
                                                                                                                                
Senator  B.  Stevens  voiced  confusion  to  the  comment  that  the                                                            
University  would not qualify  as an agency  of the State under  the                                                            
language on line 26 of Section 2, subsection (b).                                                                               
                                                                                                                                
Co-Chair Wilken  expressed that clarification  would be forthcoming                                                             
regarding whether  or not the University  could be recognized  as an                                                            
agency of the State.                                                                                                            
                                                                                                                                
Senator B. Stevens asked  for confirmation that the priority listing                                                            
pertaining  to  garnishments   would  be  conducted   in  the  order                                                            
reflected in Section 2, subsection (b).                                                                                         
                                                                                                                                
Ms.  Barton  stated  that  a clarification   of the  intent  of  the                                                            
priority listings would be forthcoming.                                                                                         
                                                                                                                                
Co-Chair  Wilken ordered  the  bill HELD  in Committee  in order  to                                                            
further address the fiscal  note concern, the agency status concern,                                                            
and the priority list ranking order concern.                                                                                    
                                                                                                                                

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