Legislature(1997 - 1998)

02/16/1998 01:30 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
            SB 254 - LEVY ON PERMANENT FUND DIVIDEND                           
                                                                               
MR. MIKE PAULEY, Staff to Senator Loren Leman, came forward to                 
present SB 254. MR. PAULEY said this bill will enhance the ability             
of Alaskan businesses to collect from debtors who are in default.              
He said existing law exempts 45 per cent of a person's Permanent               
Fund Dividend (PFD) from collection by private parties, except if              
the debt is a child support payment, student loan or other debts               
owed to the state. MR. PAULEY said the state is entitled to collect            
100 per cent of a PFD in those cases. He explained that the cost of            
business increases for small businesses unable to collect debts                
owed them and these costs are passed on to honest consumers.                   
Essentially, the majority of Alaskan consumers are paying for the              
financial irresponsibility of a small minority, according to MR.               
PAULEY. He said the original bill eliminated the exemption                     
altogether, but it was amended to maintain a 30 per cent exemption,            
making 70 per cent of a PFD available for collection by private                
parties and 100 per cent available to the state.                               
                                                                               
MR. PAULEY said this bill also increases the fee for garnishing                
checks to five per cent of the total value of the check, to be                 
taken from the defaulter's portion. Currently, the charge is two               
dollars. The five per cent fee will apply both to private parties              
and state agencies who are garnishing a PFD check. MR. PAULEY                  
concluded that this bill will help narrow the gap between what                 
private parties and state agencies can collect from debtors.                   
                                                                               
CHAIRMAN TAYLOR asked if the original purpose of the bill was to               
change the exemption and MR. PAULEY replied that the original bill             
completely eliminated the exemption, allowing 100 per cent of a                
dividend to be garnished.                                                      
                                                                               
CHAIRMAN TAYLOR asked why citizens would be treated differently                
than the state and SENATOR MILLER said they discussed that point               
extensively in the labor and commerce committee and the concern                
was, if 100 per cent was garnished, there would be no incentive to             
file for a PFD at all. CHAIRMAN TAYLOR responded that the same                 
would be true on a debt to the state and SENATOR MILLER agreed but             
added it might be required by a court order. He concluded that 70              
per cent of something is better than 100 per cent of nothing.                  
                                                                               
SENATOR MILLER said the labor and commerce committee thought two               
dollars was a ridiculously low fee and so increased it to five per             
cent.                                                                          
                                                                               
MS. DEBORAH VOGT, Deputy Commissioner of the Department of Revenue,            
said garnished dividends are a big part of what is collected by                
obligors and the department does not oppose the bill nor oppose the            
change to a 30 per cent exemption. She said there are no program               
implications if the exemption was eliminated but there is a concern            
that people may not apply. She said debtors can be ordered to apply            
but that has not yet occurred and the division is aware that some              
people simply do not.                                                          
                                                                               
MS. VOGT questioned the public policy of the increase to a five per            
cent fee, saying this would reduce the amount available to private             
parties and state agencies attempting to collect debts. She said               
the two dollar fee has resulted in program receipts to the                     
department of approximately $150,000 and this bill would generate              
3.5 million dollars in program receipts. She explained the                     
Department of Revenue will be on one end of every transaction and              
she thinks $3.5 million would be grossly disproportionate to the               
actual administrative costs. She added this fee may have a                     
significant impact on creditors. She disputed the sponsor's                    
statement that said the state will continue to get 100 percent of              
a garnished amount, saying they will only get 95 per cent and the              
other five per cent will go to the general fund. She concluded this            
bill will basically take money out of the hands of private                     
individuals and put it in the general fund.                                    
                                                                               
SENATOR MILLER guessed that two dollars would not cover collection             
costs. He said private collection agencies charge fees much greater            
than five per cent.                                                            
                                                                               
CHAIRMAN TAYLOR explained his concern that many of these debts have            
already been taken to private collection agencies and now another              
five per cent will be lost to an additional collection fee.                    
CHAIRMAN TAYLOR agreed that two dollars is low but that there may              
be public policy reasons to keep it that way. He estimated the                 
amount of work to the department for collection to be minimal.                 
                                                                               
DEBORAH VOGT agreed the task of garnishing a PFD is fairly                     
insignificant. She explained it is mostly done by computer and                 
involves a lot of phone calls and mailings.                                    
                                                                               
SENATOR PARNELL asked what the cost of this function might be and              
MS. VOGT believed the $150,000 they currently get from program                 
receipts covers the cost. She said that even with the increase they            
would continue to request $150,000 in program receipts.                        
                                                                               
SENATOR PARNELL asked a question regarding the fiscal note and MS.             
VOGT clarified that the fiscal note represents revenue from the                
increase to five per cent and would not apply if the current two               
dollar fee remained.                                                           
                                                                               
MS. VOGT mentioned that the IRS was not too happy with the two                 
dollar fee but acquiesced because it is a small amount. She thinks             
charging a larger amount might push their willingness to accept the            
state's  collection of the fee.                                                
                                                                               
MS. NANCI JONES, Director of the Permanent Fund Division, stated               
that the way the bill reads currently each claim would be charged              
the five per cent fee. She said many PFD's are garnished multiple              
times. She mentioned that there was an informal discussion in the              
previous committee regarding capping the garnishment fee at five               
per cent but this is not reflected in the bill.                                
                                                                               
SENATOR PARNELL asked if the bill could accomplish the reduced                 
exemption without the fee increase by deleting sections two and                
three of the committee substitute. MS. VOGT replied it would.                  
                                                                               
MR. STEVE PHILLIPS, owner of a Ketchikan credit bureau, offered his            
support for this bill in the original form, with reservations about            
the lack of incentive to file. He expressed concern that the                   
current bill does not clearly specify where the five per cent will             
come from. He said with a 30 per cent exemption and the statement              
that the five per cent would come out of the debtors' portion, they            
in fact would only receive 25 per cent. He believes this needs to              
be clarified. He referred to the sponsor statement, and said that              
was where the inconsistency lies.                                              
                                                                               
MS. VOGT responded by saying sections two and three state the five             
per cent comes from the debtors' portion when less than 100 per                
cent is garnished. If 100 per cent is claimed, the five per cent               
comes out of the creditors' portion.                                           
                                                                               
CHAIRMAN TAYLOR asked for clarification and MS. VOGT restated that             
the administrative fee would be paid by the debtor when less than              
the whole check is garnished, resulting in an actual exemption for             
25 per cent of the amount of the PFD.                                          
                                                                               
CHAIRMAN TAYLOR asked if the amount that goes to the debtor is                 
reduced and MS. VOGT said it is, and the amount conveyed to state              
agencies will also decrease.                                                   
                                                                               
MR. PHILLIPS argued that the statute is flawed and may be                      
problematic if it was brought to court.                                        
                                                                               
CHAIRMAN TAYLOR replied that it may be wiser to return to the two              
dollar fee. CHAIRMAN TAYLOR asked where this fee would be deducted             
from. MS. VOGT said it would come from the dividend applicants'                
portion.                                                                       
                                                                               
CHAIRMAN TAYLOR inquired what happens in cases where child support             
or student loans claim 100 per cent of a dividend. MS. VOGT                    
replied they take the two dollars off the top. CHAIRMAN TAYLOR                 
asked if the number of people who have their entire dividend taken             
is significant and MS. VOGT replied that the majority of                       
garnishments are for the full amount of the dividend.                          
                                                                               
CHAIRMAN TAYLOR could not understand why someone who owed a debt               
would not apply for a dividend. DEBORAH VOGT agreed but said                   
people are often very emotional and do not file. Her agency tracked            
those who applied for a dividend which would have been garnished               
had it been paid. She said in most cases, the dividend was not                 
awarded to anyone due to an imperfect application, left incomplete             
by the applicant.                                                              
                                                                               
CHAIRMAN TAYLOR stated the court could have signed the application             
for them or forced them to do so. MS. VOGT responded it would still            
be necessary to determine eligibility for the dividend. CHAIRMAN               
TAYLOR said his point was that state agencies and the public should            
be treated equally and it must be a small percentage of people who             
refuse this found money to pay their debts. MS. VOGT said she was              
not sure of the proportion but knows it does occur. MS. JONES added            
that there are no statistics on people who do not apply and the                
only way they can infer this number is by comparing population                 
figures with the number of people applying for the dividend.                   
                                                                               
STEVE PHILLIPS stated he would like to see the amount available for            
garnishment raised to 75 per cent. He said three quarters is a good            
number to work with. He mentioned this bill deals with less than               
five per cent of the population who are debtors and the remaining              
95 per cent are paying for them. He said this is an avenue to reach            
that five per cent who owe without hurting the other 95 per cent.              
                                                                               
MS. TAI SORENSON, from Johnson Nissan Jeep Eagle, testified via                
teleconference from Anchorage. She said she would like to see                  
governmental agencies and private businesses with equal right to               
collect 100 per cent of a dividend. She said her company has                   
recently started charging interest on defaulted promissory notes.              
She repeated that these debtors hurt the honest consumer.                      
                                                                               
MR. KEN JACOBUS, an attorney, testified via teleconference from                
Anchorage. He commented that many Alaskans make it difficult to                
collect judgments against them by doing business in cash and hiding            
assets. He said this bill is a good tool for the small,                        
unsophisticated claimant to collect a judgment. He believes the                
bill should be returned to its original form, saying overall it                
will generate more money than the current bill regardless if a few             
people do not file for their dividends. He concluded the more money            
available to collect debts, the better off Alaskans are.                       
                                                                               
SENATOR PARNELL declared a conflict of interest. He explained his              
law firm does collections, attaches dividends and he may possibly              
benefit form this legislation. He asked to be allowed to abstain               
from voting on the bill and any amendments. CHAIRMAN TAYLOR                    
objected.                                                                      
                                                                               
SENATOR MILLER said he felt strongly about the 70 per cent but                 
would be willing to return to the two dollar collection fee,                   
although he would be very upset if the agency came back in a few               
years saying it is inadequate. He moved to strike sections two and             
three from the bill and, without objection, it was so ordered.                 
                                                                               
CHAIRMAN TAYLOR mentioned he would also like to see 100 per cent               
available for collection but understood the concerns presented. He             
said maybe eventually citizens will be on equal footing with the               
government in this regard.                                                     
                                                                               
SENATOR MILLER moved the bill out of committee as amended with                 
individual recommendations. Without objection, the bill moved from             
committee.                                                                     

Document Name Date/Time Subjects