Legislature(2023 - 2024)ADAMS 519

04/24/2024 09:00 AM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
+= HB 111 EDUCATION FOR DEAF & HEARING IMPAIRED TELECONFERENCED
Moved CSHB 111(EDC) Out of Committee
+= HB 145 LOANS UNDER $25,000; PAYDAY LOANS TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                      April 24, 2024                                                                                            
                         9:03 a.m.                                                                                              
                                                                                                                                
                                                                                                                                
9:03:18 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Edgmon  called the House Finance  Committee meeting                                                                    
to order at 9:03 a.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bryce Edgmon, Co-Chair                                                                                           
Representative DeLena Johnson, Co-Chair                                                                                         
Representative Julie Coulombe                                                                                                   
Representative Mike Cronk                                                                                                       
Representative Alyse Galvin                                                                                                     
Representative Sara Hannan                                                                                                      
Representative Andy Josephson                                                                                                   
Representative Dan Ortiz                                                                                                        
Representative Will Stapp                                                                                                       
Representative Frank Tomaszewski                                                                                                
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Neal Foster, Co-Chair                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Representative   Jamie   Allard,   Sponsor;   Representative                                                                    
Stanley    Wright,    Sponsor;    Rachael    Gunn,    Staff,                                                                    
Representative  Stanley  Wright;   Dawn  Hannasch,  Division                                                                    
Operations  Manager,  Division  of Banking  and  Securities,                                                                    
Department of Commerce, Community and Economic Development.                                                                     
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Deborah Riddle,  Division Operations Manager,  Department of                                                                    
Education;  Graham  Downey,  Economic Justice  Lead,  Alaska                                                                    
Public  Interest  Research  Group,  Anchorage;  Tracy  Reno,                                                                    
Chief of  Examination, Division  of Banking  and Securities,                                                                    
Department of Commerce,  Community and Economic Development;                                                                    
Marge Stoneking, Advocacy  Director, AARP Alaska, Anchorage;                                                                    
Trevor Storrs,  President and CEO, Alaska  Children's Trust,                                                                    
Anchorage;  Andy  Bartel,  Reverend, Anchorage;  Bob  Carey,                                                                    
Executive Director, National  Defense Committee, Washington,                                                                    
DC;  Tim  Sullivan,  President,   The  Alaska  Credit  Union                                                                    
League, Anchorage.                                                                                                              
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 111    EDUCATION FOR DEAF & HEARING IMPAIRED                                                                                 
                                                                                                                                
          CSHB 111(EDC)  was REPORTED OUT of  committee with                                                                    
          five  "do   pass"  recommendations,   one  "amend"                                                                    
          recommendation,   and  four   "no  recommendation"                                                                    
          recommendations  and with  one  new fiscal  impact                                                                    
          note from  the Department  of Education  and Early                                                                    
          Development.                                                                                                          
                                                                                                                                
HB 145    LOANS UNDER $25,000; PAYDAY LOANS                                                                                     
                                                                                                                                
          HB 145 was HEARD and HELD in committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
Co-Chair Edgmon reviewed the meeting agenda.                                                                                    
                                                                                                                                
HOUSE BILL NO. 111                                                                                                            
                                                                                                                                
     "An Act relating to public school students who are                                                                         
     deaf or have a hearing impairment."                                                                                        
                                                                                                                                
9:04:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JAMIE ALLARD,  SPONSOR, explained  that deaf                                                                    
and hard  of hearing children  wanted to be  treated equally                                                                    
to other  children and to have  access to the same  level of                                                                    
education. She encouraged members to  vote in support of the                                                                    
bill.                                                                                                                           
                                                                                                                                
Representative Stapp  MOVED to  REPORT CSHB 111(EDC)  out of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal note.                                                                                                       
                                                                                                                                
Co-Chair Edgmon OBJECTED for discussion.                                                                                        
                                                                                                                                
Representative Josephson relayed that  he viewed the bill as                                                                    
advisory  rather  than  mandatory,  but  the  bill  read  as                                                                    
mandatory because it  used the term "shall"  to require that                                                                    
deaf and hard  of hearing children be  provided services. He                                                                    
was not sure  where the resources to support  the bill would                                                                    
come from. He  asked how the school districts  would pay for                                                                    
the bill.                                                                                                                       
                                                                                                                                
Representative  Allard  responded  that  the  resources  and                                                                    
funding were already being provided.  Children who were deaf                                                                    
received  13  times  the standard  Base  Student  Allocation                                                                    
(BSA) formula funding and children  who were hard of hearing                                                                    
received  1.25  percent  times   the  standard  BSA  formula                                                                    
funding.  There  were  a  variety of  ways  for  the  school                                                                    
districts   to  communicate   and   provide  the   necessary                                                                    
resources.                                                                                                                      
                                                                                                                                
Representative Josephson  wondered what  would happen  if he                                                                    
asked school  districts if  the funding  was being  used and                                                                    
the districts responded that all  of the funding was used up                                                                    
on other resources for children with hearing difficulties.                                                                      
                                                                                                                                
Representative Allard  responded that a  representative from                                                                    
the  Department of  Education and  Early Development  (DEED)                                                                    
was available  to offer more details.  Federal law obligated                                                                    
districts to  provide resources to children  as well because                                                                    
districts  would  not  receive  funding  unless  the  proper                                                                    
paperwork  was  submitted.  If   a  hard  of  hearing  child                                                                    
submitted  the paperwork  for the  funding,  the school  was                                                                    
required  to  provide the  funding.  The  BSA would  not  be                                                                    
amplified  unless the  child applied  for the  benefits. She                                                                    
stressed that the funding was already available.                                                                                
                                                                                                                                
9:07:25 AM                                                                                                                    
                                                                                                                                
Representative Galvin appreciated  Representative Allard for                                                                    
bringing the bill forward. She  understood that 13 times the                                                                    
BSA amounted to around $80,000  and that students who needed                                                                    
assistance  were required  to  work with  two American  Sign                                                                    
Language  (ASL) interpreters  to allow  the interpreters  to                                                                    
alternate throughout  the day.  She was concerned  about the                                                                    
cost of two  interpreters as well as the cost  that would be                                                                    
incurred if students were enrolled in boarding schools.                                                                         
                                                                                                                                
Representative   Allard   relayed    that   there   was   no                                                                    
[substantive] fiscal  note because  the funding  was already                                                                    
available.  She  thought the  committee  was  looking for  a                                                                    
problem that  was not  there. She  was unsure  as to  why an                                                                    
absence of funding was being  discussed when the funding was                                                                    
already  present. She  relayed  that  a representative  from                                                                    
DEED was available to answer questions in more detail.                                                                          
                                                                                                                                
Representative  Galvin wanted  to ensure  that 13  times the                                                                    
BSA was  a suitable  amount and  the federal  government was                                                                    
covering the costs.                                                                                                             
                                                                                                                                
Representative  Allard clarified  that the  funding was  not                                                                    
only  coming  from  the   federal  government.  Federal  law                                                                    
required  that  deaf  and  hard  of  hearing  children  were                                                                    
treated equally.                                                                                                                
                                                                                                                                
9:09:32 AM                                                                                                                    
                                                                                                                                
DEBORAH RIDDLE,  DIVISION OPERATIONS MANAGER,  DEPARTMENT OF                                                                    
EDUCATION (via  teleconference), responded that  in addition                                                                    
to the  BSA, the department  had an agreement with  Arc [The                                                                    
Arc of Anchorage]  to help students who had  opted to enroll                                                                    
in a residential school in Anchorage.                                                                                           
                                                                                                                                
Co-Chair Edgmon asked her to repeat the acronym.                                                                                
                                                                                                                                
Ms. Riddle responded "Arc." She  was looking for the meaning                                                                    
of the  acronym [she  later corrected herself  and explained                                                                    
that it was not an acronym].                                                                                                    
                                                                                                                                
Representative  Coulombe understood  that deaf  and hard  of                                                                    
hearing  children received  funding  that was  13 times  the                                                                    
BSA. She asked  if a district would need to  use the funding                                                                    
on deaf  and hard of hearing  students or if it  could spend                                                                    
the funding elsewhere.                                                                                                          
                                                                                                                                
Representative  Allard  responded  that  when  there  was  a                                                                    
request  for  funding for  a  child  with special  needs  or                                                                    
intensive needs, the funding went straight to the child.                                                                        
                                                                                                                                
Representative Coulombe  understood there was  no discretion                                                                    
for the  school districts. She asked  for clarification that                                                                    
a district could not spend  the money on anything other than                                                                    
a student's needs.                                                                                                              
                                                                                                                                
Representative  Allard responded  that  districts were  "not                                                                    
supposed to."                                                                                                                   
                                                                                                                                
Representative   Ortiz  appreciated   Representative  Allard                                                                    
bringing forward the bill. Based  on the line of questioning                                                                    
and  the answers  that had  been  provided thus  far in  the                                                                    
meeting,  he understood  that the  funding  was present  and                                                                    
that  districts  could  receive assistance  with  regulatory                                                                    
compliance.  He asked  why  the bill  was  necessary if  the                                                                    
important components were already in place.                                                                                     
                                                                                                                                
Representative Allard  responded that there was  an incident                                                                    
where a district pulled an  interpreter from a child and the                                                                    
child could not continue  in school without the interpreter.                                                                    
The intent  of the bill  was to ensure that  the regulations                                                                    
would  be  enforced  and districts  could  not  discriminate                                                                    
against deaf or hard of hearing children.                                                                                       
                                                                                                                                
Representative  Ortiz  asked  Representative Allard  if  she                                                                    
viewed  the  content  of  the bill  as  compulsory  and  not                                                                    
advisory.  He  asked what  would  happen  to communities  in                                                                    
rural Alaska  that wanted  to comply  but could  not because                                                                    
there  were  not enough  interpreters  in  the community  to                                                                    
provide the services.                                                                                                           
                                                                                                                                
Representative  Allard  responded  in  the  affirmative  and                                                                    
explained that  districts could not discriminate  any longer                                                                    
after the bill  was put into statute.  Currently, a district                                                                    
could choose not  to comply. If there was a  deaf or hard of                                                                    
hearing  child in  a  rural community  who  wanted to  learn                                                                    
amongst other  students, there was  a system in  place where                                                                    
an  interpreter  could  be  available  via  video  call  and                                                                    
interpret in  real time in  the classroom. She added  that a                                                                    
family member  or friend could  also attend school  with the                                                                    
child and interpret for the child.                                                                                              
                                                                                                                                
9:13:55 AM                                                                                                                    
                                                                                                                                
Representative Ortiz  understood that  Representative Allard                                                                    
had previously  stated that the  money went directly  to the                                                                    
parents. He asked  if she was certain that  the funding went                                                                    
directly from the state to the parents.                                                                                         
                                                                                                                                
Representative Allard  responded that  she meant to  say the                                                                    
money  went   directly  to  the   child.  The  cost   of  an                                                                    
interpreter and  any other means of  communication needed by                                                                    
the child would  be covered by the funding  and the district                                                                    
would  be  responsible  for ensuring  that  the  costs  were                                                                    
covered.                                                                                                                        
                                                                                                                                
Representative  Hannan   commented  that  she   taught  many                                                                    
students during  her teaching career  who were deaf  or hard                                                                    
of  hearing and  the  district  tried to  serve  all of  the                                                                    
students. She presumed that  when Representative Allard used                                                                    
the term "the  district" she was referring  to the Anchorage                                                                    
School District (ASD). She  noted that Representative Allard                                                                    
had been  assisted by  a sign  language interpreter  who was                                                                    
new  to   Juneau  during   a  previous   committee  hearing.                                                                    
Interpreters working  in schools  worked as  a pair  for the                                                                    
entire  day and  were therefore  not available  to interpret                                                                    
for events in  the evening. She was concerned  that the bill                                                                    
would communicate to deaf and  hard of hearing children that                                                                    
available resources  would be  transformed, but  there would                                                                    
be no changes  or additional funding. She  stressed that she                                                                    
did not think anything  would change because the regulations                                                                    
were already in  place and the money  was already available.                                                                    
She asked  if Representative  Allard pursued details  in the                                                                    
aforementioned case  where an interpreter was  pulled from a                                                                    
child.  There  were many  possible  reasons  as to  why  the                                                                    
interpreter was pulled,  such as if the  interpreter were to                                                                    
be  no  longer  employed  by the  district.  She  wanted  to                                                                    
provide better services  and not pass a bill  that would not                                                                    
change anything.                                                                                                                
                                                                                                                                
Representative Allard  responded that  she did not  say that                                                                    
the regulations were not  currently mandatory. She explained                                                                    
that the purpose  of the bill was to  codify the regulations                                                                    
in statute. She added that  she was not only referencing ASD                                                                    
when  she spoke  about  "the district"  because ASD  already                                                                    
covered the resources for deaf  and hard of hearing children                                                                    
well.  She was  more concerned  about rural  communities and                                                                    
children missing out on education  due to lack of resources.                                                                    
The bill  needed to  pass because it  would provide  hope to                                                                    
the deaf and  hard of hearing community.  She expressed that                                                                    
she was  offended that the  committee did not feel  that the                                                                    
bill  was important  and it  seemed that  members wanted  to                                                                    
find reasons  why the state  could not enforce the  bill due                                                                    
to fiscal  issues. She argued  that the actions in  the bill                                                                    
were already  occurring and  there was  no fiscal  note. She                                                                    
wondered  why   members  thought   it  was   permissible  to                                                                    
discriminate  against children  who  were deaf  and hard  of                                                                    
hearing.  She stressed  that  the   bill  was important  and                                                                    
needed to become law. She  was directly impacted by the bill                                                                    
and also knew children who were impacted.                                                                                       
                                                                                                                                
9:18:08 AM                                                                                                                    
                                                                                                                                
Representative Hannan understood  that Representative Allard                                                                    
had stated that  by questioning the bill,  the committee was                                                                    
discriminating against the hard  of hearing community, which                                                                    
she  thought was  impugning motives  that were  not present.                                                                    
She    explained   that    the   committee    had   specific                                                                    
responsibilities  which  included   determining  the  fiscal                                                                    
impacts  of  bills.  She thought  it  was  inappropriate  to                                                                    
allege that  the committee  was discriminating  against deaf                                                                    
and hard of hearing children by fulfilling its obligations.                                                                     
                                                                                                                                
9:18:59 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:19:16 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Representative  Allard responded  that she  did not  mean to                                                                    
imply that  Representative Hannan was bigoted.  She meant to                                                                    
relay that  there was no fiscal  note and no reason  why the                                                                    
committee  should  be  concerned   with  the  finances.  The                                                                    
funding would  only be  necessary if  a child  had intensive                                                                    
needs  or  special needs.  She  wanted  to ensure  that  all                                                                    
children   with  special   needs   received  the   necessary                                                                    
resources, including deaf or hard of hearing children.                                                                          
                                                                                                                                
Co-Chair   Johnson  returned   to  Representative   Allard's                                                                    
presentation  [titled  "HB 111  Deaf  and  Hard of  Hearing"                                                                    
dated March 4, 2024, (copy  on file), presented to the House                                                                    
Finance Committee on  April 16, 2024] and  referred to slide                                                                    
2. She  felt like the bill  was even more critical  than she                                                                    
previously realized  because it appeared that  deaf and hard                                                                    
of hearing  students were not presently  being provided with                                                                    
enough  resources. She  noted that  according to  the slide,                                                                    
there were areas in Alaska where  there were no deaf or hard                                                                    
of  hearing  children, which  she  knew  was not  true.  She                                                                    
thought  the screening  process should  be improved  and the                                                                    
state was  undercounting students,  which meant it  was also                                                                    
underserving  students. She  appreciated that  the bill  was                                                                    
brought forward.                                                                                                                
                                                                                                                                
Representative  Allard   relayed  that   the  bill   was  an                                                                    
incentive for families who had  children in the deaf or hard                                                                    
of hearing  community and  felt like  the children  were not                                                                    
properly supported.  The bill  would codify  the regulations                                                                    
into law and  ensure that deaf and hard  of hearing children                                                                    
would learn amongst their peers.                                                                                                
                                                                                                                                
9:22:22 AM                                                                                                                    
                                                                                                                                
Representative Galvin  commented that she was  familiar with                                                                    
underfunded  early  intervention  programs as  well  as  the                                                                    
Individuals  with Disabilities  Education Act  (IDEA), which                                                                    
was a  federal law  that mandated  that the  government must                                                                    
provide funding and  resources for all students  to learn in                                                                    
an equal  manner. She was  concerned that the state  was not                                                                    
sufficiently  identifying  students  in need  of  additional                                                                    
resources.  She was  concerned that  $80,000, which  was the                                                                    
result  of multiplying  the BSA  by  13, was  not enough  to                                                                    
provide  sufficient resources  to  students in  need if  the                                                                    
students  were identified.  There had  been research  around                                                                    
broadband  opportunities,   but  broadband  was   still  not                                                                    
sufficient in rural areas of  the state. She had experienced                                                                    
video calling with interpreters  but the broadband was often                                                                    
not  strong enough  to support  the software  even in  urban                                                                    
areas like Anchorage. She did  not think the legislature had                                                                    
passed a law  that ensured that broadband  was sufficient to                                                                    
for a reliable connection  with interpreters. She asked what                                                                    
the needs  were, what could  be done to better  identify the                                                                    
needs, what were  the laws that ensured that  the needs were                                                                    
identified, and  whether the state was  properly funding the                                                                    
laws.                                                                                                                           
                                                                                                                                
Representative Allard  responded that she was  worried about                                                                    
children  who  were  deaf  and  hard  of  hearing  in  rural                                                                    
communities of  the state. She  thought that  parents needed                                                                    
to  be  incentivized  to  bring deaf  and  hard  of  hearing                                                                    
children to school and she hoped  that the bill would act as                                                                    
an incentive. The BSA formula  that was already in place was                                                                    
presently the  only method for determining  funding amounts.                                                                    
There  were families  who sent  their children  to Anchorage                                                                    
because  there  were more  resources  for  deaf or  hard  of                                                                    
hearing children in urban areas.  She understood that it was                                                                    
a  large  issue,  but  she  argued that  there  would  be  a                                                                    
substantive impact  if the  legislature was  able to  act in                                                                    
small ways every year.                                                                                                          
                                                                                                                                
Representative  Josephson was  confused by  the fiscal  note                                                                    
[prepared by  Department of Education and  Early Development                                                                    
with the  control code yAGml].  He understood that  the bill                                                                    
proposed   that  the   program  "must   provide  residential                                                                    
services."  The bill  stated that  if a  district wanted  to                                                                    
provide services, it could do so,  but if a district did not                                                                    
want  to  provide  services, the  state  would  provide  the                                                                    
services. He  understood that the  state "must"  provide the                                                                    
services,  but  the  fiscal note  said  that  the  statewide                                                                    
program that included residential  services could be offered                                                                    
by school  districts with the  resources and capacity  to do                                                                    
so. He  thought that  "finance 101"  knowledge was  that the                                                                    
state  provided  the fiscal  notes,  not  the districts.  He                                                                    
wanted  to know  what  the impact  on  the school  districts                                                                    
would be.                                                                                                                       
                                                                                                                                
Representative Allard replied  that Representative Josephson                                                                    
was correct but not every  district could provide a suitable                                                                    
school;  therefore, children  were brought  to the  deaf and                                                                    
hard of  hearing school in  Anchorage. She thought  the term                                                                    
"must" provided  some flexibility and ensured  that bringing                                                                    
children  to  Anchorage  was an  acceptable  alternative  to                                                                    
there being a  school with resources in  every district. She                                                                    
noted  that children  in  the Mat-Su  needed  to commute  to                                                                    
Anchorage.  She  suggested  bringing  Ms.  Riddle  into  the                                                                    
conversation to provide additional clarity.                                                                                     
                                                                                                                                
Co-Chair Edgmon asked Ms. Riddle to comment.                                                                                    
                                                                                                                                
9:28:19 AM                                                                                                                    
                                                                                                                                
Ms.  Riddle  responded  that the  department  provided  some                                                                    
funding  to  the  school  for   deaf  and  hard  of  hearing                                                                    
children. The  department also worked with  Arc in Anchorage                                                                    
to help  with the  residential portion  of the  schools. She                                                                    
clarified that  "Arc" was the  name of the  organization and                                                                    
was not an acronym. She  explained that the reason for there                                                                    
not  being a  fiscal  note was  because  the department  was                                                                    
already providing  the necessary  resources to  students who                                                                    
needed  to  come  to  Anchorage.  She  asked  Representative                                                                    
Josephson if his question had been properly addressed.                                                                          
                                                                                                                                
Representative  Josephson asked  if the  bill was  largely a                                                                    
set of regulations that would be codified in statute.                                                                           
                                                                                                                                
Ms.  Riddle responded  that she  believed so  but needed  to                                                                    
confirm the information.                                                                                                        
                                                                                                                                
Representative Ortiz  relayed that  he would like  to return                                                                    
to Co-Chair Johnson's  comments on the need for  the bill as                                                                    
stated in  the PowerPoint presentation. He  thought Co-Chair                                                                    
Johnson  made a  good point  in  that the  state was  likely                                                                    
under-identifying  the population  of people  who could  use                                                                    
the  services.  He asked  how  the  bill would  specifically                                                                    
facilitate the  identification of individuals with  needs at                                                                    
a higher level.                                                                                                                 
                                                                                                                                
Representative  Allard responded  that the  bill passing  on                                                                    
its own was  not enough. She thought  that legislators would                                                                    
need  to   promote  the  program  to   families  and  school                                                                    
districts.  The Senate  had  passed  a committee  substitute                                                                    
(CS)  to  enforce  federal law  which  would  be  eventually                                                                    
combined with the  bill. There was nothing in  the bill that                                                                    
would necessarily promote the  availability of the resources                                                                    
and another bill  would likely be needed in order  to do so.                                                                    
She  reiterated that  legislators would  be responsible  for                                                                    
promoting the program.                                                                                                          
                                                                                                                                
9:31:47 AM                                                                                                                    
                                                                                                                                
Representative  Stapp recalled  that there  was a  motion on                                                                    
the table to report the bill out of committee.                                                                                  
                                                                                                                                
Co-Chair Edgmon  clarified that the  Arc of Anchorage  was a                                                                    
private nonprofit  serving children  and adults  with mental                                                                    
health issues or disabilities.                                                                                                  
                                                                                                                                
Co-Chair  Edgmon  WITHDREW  the OBJECTION.  There  being  NO                                                                    
further OBJECTION, it was so ordered.                                                                                           
                                                                                                                                
CSHB 111(EDC)  was REPORTED OUT  of committee with  five "do                                                                    
pass" recommendations, one  "amend" recommendation, and four                                                                    
"no recommendation" recommendations and  with one new fiscal                                                                    
impact  note  from the  Department  of  Education and  Early                                                                    
Development.                                                                                                                    
                                                                                                                                
9:32:41 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:33:43 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
HOUSE BILL NO. 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."                                                                                          
                                                                                                                                
9:34:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STANLEY WRIGHT, SPONSOR,  gave an overview of                                                                    
HB 145. He  explained that the bill  would protect consumers                                                                    
by capping the annual percentage  rate at 36 percent for all                                                                    
loans under  $25,000. The  cap would  be a  significant step                                                                    
towards   preventing   predatory  lending   practices   that                                                                    
exploited financial  desperation and trapped  individuals in                                                                    
a perpetual cycle of debt  by eliminating special exemptions                                                                    
and allowing for  annual percentage rates (APRs)  as high as                                                                    
521  percent.  The  bill  aimed   to  promote  fair  lending                                                                    
practices and enhance financial security for all citizens.                                                                      
                                                                                                                                
RACHAEL  GUNN, STAFF,  REPRESENTATIVE STANLEY  WRIGHT, added                                                                    
that almost 70 percent of  payday loans in Alaska were taken                                                                    
out  online and  the vast  majority of  the loans  were from                                                                    
out-of-state  businesses.  The  arguments  for  historically                                                                    
astronomical APRs  were rooted in  the idea that  loans were                                                                    
inherently  risky  and  payback was  not  guaranteed,  which                                                                    
required  that there  be a  high interest  rate. She  argued                                                                    
that Alaska was  unique in that the  Permanent Fund Dividend                                                                    
(PFD) was  garnished by lenders  and it became  a guaranteed                                                                    
loan. Every  major payday lender  had left a legacy  of tens                                                                    
of  thousands  of  small  claims  court  cases  viewable  on                                                                    
CourtView in which lenders had  garnished the PFD. She shard                                                                    
that  within  the  last  couple  of  months,  Representative                                                                    
Wright's office had  been contacted by a  handful of out-of-                                                                    
state  lobbyists  speaking in  opposition  to  the bill  and                                                                    
representing banking  interests. Almost every  lobbyist with                                                                    
whom she had  a conversation decided to  cease engagement in                                                                    
Alaska  after  the   lobbyists  understood  Alaska's  unique                                                                    
situation due to the PFD.                                                                                                       
                                                                                                                                
Co-Chair  Edgmon  noted  that  there  were  several  invited                                                                    
testifiers  and public  testifiers  online but  due to  time                                                                    
constraints,  he  requested  that testifiers  keep  comments                                                                    
concise.                                                                                                                        
                                                                                                                                
9:37:27 AM                                                                                                                    
                                                                                                                                
GRAHAM   DOWNEY,  ECONOMIC   JUSTICE  LEAD,   ALASKA  PUBLIC                                                                    
INTEREST  RESEARCH  GROUP, ANCHORAGE  (via  teleconference),                                                                    
explained that in 2023, the  Alaska Public Interest Research                                                                    
Group  (AKPIRG) helped  25  Alaskan  families escape  payday                                                                    
debt traps by paying down  the families' loans. He had heard                                                                    
many stories  about how everyday Alaskans  were impacted. He                                                                    
emphasized  that payday  loans were  immediately harmful  to                                                                    
Alaskan   families  and   trapped   families  in   financial                                                                    
insecurity and  debt for years.  He relayed that  AKPIRG was                                                                    
helping families  who had been  struggling to pay  off loans                                                                    
for  over  two  years  and  had at  least  $80  of  interest                                                                    
payments per month. The group  had polled individuals across                                                                    
the  state  and   individuals  universally  advised  against                                                                    
taking out  payday loans  and thought  that people  would be                                                                    
worse off  by taking out  the loans. The  polled individuals                                                                    
universally   supported   the   bill   and   supported   the                                                                    
availability of repayable loans  as opposed to non-repayable                                                                    
loans.                                                                                                                          
                                                                                                                                
9:39:03 AM                                                                                                                    
                                                                                                                                
TRACY RENO,  CHIEF OF EXAMINATION,  DIVISION OF  BANKING AND                                                                    
SECURITIES, DEPARTMENT  OF COMMERCE, COMMUNITY  AND ECONOMIC                                                                    
DEVELOPMENT  (via  teleconference), supported  the  proposed                                                                    
amendments to  the bill that  she thought would be  heard in                                                                    
the near future. She understood  that there was an amendment                                                                    
that  would provide  additional clarity  for the  exemptions                                                                    
given to small  loans and was consistent  with language used                                                                    
for  other programs  that were  already administered  by the                                                                    
Division  of  Banking  and  Securities  (DBS).  Due  to  the                                                                    
intense review  that was required  to obtain bank  or credit                                                                    
union  charters,  the  increased  regulatory  oversight  and                                                                    
continued exemption  was appropriate for national  banks and                                                                    
federal credit unions.                                                                                                          
                                                                                                                                
Representative Galvin  asked for more information  about how                                                                    
the  bill would  impact the  average Alaskan.  Many Alaskans                                                                    
did  not  know  the  difference  between  banks  and  credit                                                                    
unions. She shared that she took  out a payday loan when she                                                                    
was 24 years  old and had three children  and the experience                                                                    
was  terrible. She  explained  that when  she  took out  the                                                                    
loan,  she  was   not  paying  attention  to   the  type  of                                                                    
institution.                                                                                                                    
                                                                                                                                
Ms. Gunn responded that the  amendment to which Ms. Reno was                                                                    
referring had not yet been  made public or introduced to the                                                                    
committee.  She   explained  that   Representative  Wright's                                                                    
office  had been  working  with DBS  to  clean-up the  Small                                                                    
Loans  Act (SLA),  which would  not have  any impact  on the                                                                    
consumer. She  noted that SLA operated  under a three-tiered                                                                    
structure  and  the  future   amendment  would  flatten  the                                                                    
interest rate across the $25,000  in lieu of utilizing three                                                                    
separate tiers.  She assured the committee  that there would                                                                    
be more clarification once the amendment was finalized.                                                                         
                                                                                                                                
9:41:42 AM                                                                                                                    
                                                                                                                                
MARGE STONEKING,  ADVOCACY DIRECTOR, AARP  ALASKA, ANCHORAGE                                                                    
(via  teleconference),   shared  that  AARP  had   a  strong                                                                    
commitment  to  protecting  financial  resilience  in  older                                                                    
adults,  including  fighting  for consumer  protection.  She                                                                    
relayed  that  AARP  was  requesting   the  support  of  the                                                                    
committee to  provide the same  36 percent  maximum interest                                                                    
rate  protection to  veterans  and older  Alaskans that  was                                                                    
afforded to  active duty military members  under the federal                                                                    
Military  Lending  Act  (MLA).   For  older  and  vulnerable                                                                    
adults, costly  installment loans were  more likely to  be a                                                                    
hinderance  than a  help.  Vulnerable  individuals who  fell                                                                    
into a  cycle of debt  had few  options to address  the debt                                                                    
and return to a  sound financial situation without depleting                                                                    
their limited  assets. Some individuals  may try to  take on                                                                    
additional jobs  or work more  hours while  being physically                                                                    
unprepared  for  the  increased demand.  She  stressed  that                                                                    
older  adults  were  attractive  targets  for  lenders.  She                                                                    
appreciated the committee's time.                                                                                               
                                                                                                                                
9:43:32 AM                                                                                                                    
                                                                                                                                
TREVOR STORRS,  PRESIDENT AND CEO, ALASKA  CHILDREN'S TRUST,                                                                    
ANCHORAGE  (via  teleconference),  relayed that  the  Alaska                                                                    
Children's Trust (ACT) strongly  supported HB 145. He argued                                                                    
that the  bill would  prevent long-term negative  impacts on                                                                    
families that could result from  high interest payday loans.                                                                    
The harmful  impact on families  was widely recognized  as a                                                                    
major risk factor  of abuse and neglect.  Parents were faced                                                                    
with increased difficulty in  providing for their children's                                                                    
basic  needs, such  as  food and  housing.  The scarcity  of                                                                    
resources  and the  pressure to  become financially  solvent                                                                    
could  lead to  increased parental  stress, which  increased                                                                    
the  risk for  abuse and  neglect. To  alleviate short  term                                                                    
financial  hardships,   families  turned  to   payday  loans                                                                    
because  of the  appeal of  "quick and  easy cash,"  but the                                                                    
loans could come  with an interest rate of  over 500 percent                                                                    
and did not build any  credit for the families. Payday loans                                                                    
trapped many  Alaskans in  a cycle of  debt and  poverty and                                                                    
caused worse credit.                                                                                                            
                                                                                                                                
Mr. Storrs understood that some  testifiers in opposition to                                                                    
the bill  might say  that payday  loans helped  families. He                                                                    
argued that  payday loans  helped families  like a  glass of                                                                    
salt water helped  someone who was thirsty.  He thought that                                                                    
HB 145  would ensure  responsible lending by  requiring that                                                                    
payday  loans be  subject to  a reasonable  maximum interest                                                                    
rate of  36 percent. He  emphasized that that no  one should                                                                    
be profiting off of the  state's poorest and most vulnerable                                                                    
families.                                                                                                                       
                                                                                                                                
9:45:26 AM                                                                                                                    
                                                                                                                                
Co-Chair Edgmon OPENED public testimony.                                                                                        
                                                                                                                                
9:45:48 AM                                                                                                                    
                                                                                                                                
ANDY  BARTEL,  REVEREND,   ANCHORAGE  (via  teleconference),                                                                    
testified in  support of HB  145. He shared that  the Alaska                                                                    
United   Methodist  Conference,   which  comprised   of  all                                                                    
methodists churches across the  state and included people of                                                                    
all   political   affiliations,    unanimously   adopted   a                                                                    
resolution in  support of HB  145. He drew attention  to the                                                                    
fact that  the resolution  was passed unanimously  and added                                                                    
that the bill did not  favor a particular political leaning.                                                                    
The churches  believed that financial institutions  served a                                                                    
vital role  in society  and must  guard against  abusive and                                                                    
deceptive   lending  practices   that   took  advantage   of                                                                    
vulnerable citizens  for the gain  of the  richest citizens.                                                                    
Banking regulations  needed to  prevent practices  that kept                                                                    
people  in  cycles  of debt,  which  would  be  accomplished                                                                    
through HB  145. Payday  lending in  Alaska was  a predatory                                                                    
practice  and extracted  millions of  dollars from  the most                                                                    
impoverished citizens and the local economy.                                                                                    
                                                                                                                                
Mr. Bartel understood that some  people in opposition to the                                                                    
bill would argue that payday  loans were the only option for                                                                    
some people, but  he argued that was simply  not true. There                                                                    
were multiple  credit unions  in the  state that  had small-                                                                    
dollar-amount short-term  loan products  that came  in below                                                                    
the proposed  36 percent cap.  He thought that  payday loans                                                                    
were  a   scourge  on  society   and  legislators   had  the                                                                    
opportunity to fix the problem.  Before moving to Alaska, he                                                                    
was a  pastor in South  Dakota. Although South Dakota  was a                                                                    
conservative state, it  had enacted a similar  cap on payday                                                                    
loans. Subsequent  studies had  only shown that  the economy                                                                    
had  only benefited  from  the cap.  He  relayed that  South                                                                    
Dakotans were  saving $81 million  per year on average  as a                                                                    
result  of  the  legislation.  Instead  of  being  used  for                                                                    
interest payments on payday loans,  the $81 million could be                                                                    
used for  housing, food, transportation, medicine,  or other                                                                    
necessities.  He   thought  that  the  legislature   had  an                                                                    
opportunity to  make a real  difference in the lives  of the                                                                    
most vulnerable  Alaskans and he  implored the  committee to                                                                    
pass the bill.                                                                                                                  
                                                                                                                                
9:48:40 AM                                                                                                                    
                                                                                                                                
BOB CAREY,  EXECUTIVE DIRECTOR, NATIONAL  DEFENSE COMMITTEE,                                                                    
WASHINGTON, DC  (via teleconference),  shared that he  was a                                                                    
retired naval  officer and combat veteran.  He represented a                                                                    
veteran's service  organization committed  to the  civil and                                                                    
legal  rights   of  military   and  veteran   personnel.  He                                                                    
understood the motivations of the  bill, but argued that the                                                                    
data  consistently  showed  that  MLA  had  not  served  the                                                                    
military  well  and  placed  members  in  greater  financial                                                                    
distress by  denying access to necessary  credit. He thought                                                                    
that veterans  would be  disproportionately impacted  by the                                                                    
legislation. Military members  did not establish significant                                                                    
credit  and  had  significant periods  of  unemployment.  He                                                                    
understood that much of the data  showed that a rate cap had                                                                    
not helped  the military.  He had provided  a letter  to the                                                                    
committee  (copy on  file)  in which  he  referenced a  West                                                                    
Point  study that  showed that  rate caps  did not  help the                                                                    
military,  in  addition  to other  polls  that  showed  that                                                                    
military members  were worse off  after MLA than  before the                                                                    
act. There  was an additional  poll mentioned in  the letter                                                                    
that showed that half of  all military personnel were denied                                                                    
credit due to  MLA. He argued that the only  thing rate caps                                                                    
did was cause  military members to be denied  credit. He did                                                                    
not think  that the  $81 million saved  in South  Dakota was                                                                    
due to  individuals receiving lower-rate loans,  but because                                                                    
individuals were  not receiving any  loans at all.  He added                                                                    
that half  of all Americans had  less than $400 in  the bank                                                                    
and could not remain afloat in  the case of an emergency. He                                                                    
thought that a  loan cap for veterans meant  that the public                                                                    
no longer trusted veterans to  make decisions for themselves                                                                    
once  they  were  out  of active  duty.  He  reiterated  his                                                                    
opposition to HB 145.                                                                                                           
                                                                                                                                
9:52:09 AM                                                                                                                    
                                                                                                                                
Representative Ortiz  asked for the testifier  to repeat his                                                                    
name.                                                                                                                           
                                                                                                                                
Mr. Carey responded with his name.                                                                                              
                                                                                                                                
Representative Ortiz asked if Mr.  Carey was the author of a                                                                    
letter  dated April  23, 2024  (copy on  file) that  was not                                                                    
signed.                                                                                                                         
                                                                                                                                
Mr. Carey  responded that he  had contributed to  the letter                                                                    
from the  National Defense Committee and  four other groups,                                                                    
but he was not the sole author.                                                                                                 
                                                                                                                                
Representative Ortiz understood that  Mr. Carey thought that                                                                    
by adopting  HB 145,  there would  be individuals  who would                                                                    
not be able  to access credit. He did not  understand why he                                                                    
should not support  the bill. He asked if  Mr. Carey thought                                                                    
that  the legislature  would prevent  people from  accessing                                                                    
necessary credit and money if the bill were to pass.                                                                            
                                                                                                                                
Mr. Carey  responded in the affirmative.  The interest rates                                                                    
were not set  by an arbitrary measure and  were necessary in                                                                    
order to make a loan to  a particular person. He thought the                                                                    
narrative about  interest rates was false.  Military members                                                                    
were already  underpaid and were  often young  with children                                                                    
and needed to figure out how to pay their bills.                                                                                
                                                                                                                                
9:54:39 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:55:33 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Edgmon explained  that the plan was  to keep public                                                                    
testimony open and revisit it later.                                                                                            
                                                                                                                                
Representative  Josephson  thought  that  the  tone  of  Mr.                                                                    
Carey's comments  suggested that the situation  would either                                                                    
continue on in  its current form or the bill  would pass. He                                                                    
asked Mr.  Carey if  he found that  there was  no foundation                                                                    
for  the  claim that  current  same  day payday  loans  were                                                                    
usurious.                                                                                                                       
                                                                                                                                
Mr. Carey responded  that he was not a  banker and suggested                                                                    
that Representative  Josephson consult with the  industry to                                                                    
talk  about  the  issue.  He  clarified  that  there  was  a                                                                    
narrative  that if  there  were caps  on  loans, loan  rates                                                                    
would magically  come down. After  MLA was  enacted, lenders                                                                    
left the market  and left the military "high  and dry." Half                                                                    
of military  members were  denied credit due  to MLA  and he                                                                    
did  not think  it was  a good  practice. He  could not  say                                                                    
whether  the   system  was   usurious  and   suggested  that                                                                    
Representative Josephson speak to bankers.                                                                                      
                                                                                                                                
9:57:48 AM                                                                                                                    
                                                                                                                                
TIM  SULLIVAN, PRESIDENT,  THE ALASKA  CREDIT UNION  LEAGUE,                                                                    
ANCHORAGE  (via  teleconference),  relayed that  the  Alaska                                                                    
Credit Union  League (ACUL)  represented ten  credit unions,                                                                    
nine of  which were  based in  Alaska. The  league supported                                                                    
the  bill and  thought  it was  a great  action  to take  to                                                                    
protect consumers. The  one concern that the  league had was                                                                    
about  Section  9  which  included  loan  insurance  in  the                                                                    
calculation   for  the   lending  percentage   and  was   an                                                                    
additional product that was not  required by federal law. He                                                                    
thought  it should  be stated  that loan  insurance was  not                                                                    
required in order  to garner a loan and  was protected under                                                                    
the Fair Credit Reporting Act.                                                                                                  
                                                                                                                                
9:59:06 AM                                                                                                                    
                                                                                                                                
Co-Chair Edgmon  clarified that he  planned to  close public                                                                    
testimony and reopen  it at the next hearing of  the bill to                                                                    
include any additional testifiers.                                                                                              
                                                                                                                                
Co-Chair Edgmon CLOSED public testimony.                                                                                        
                                                                                                                                
9:59:27 AM                                                                                                                    
                                                                                                                                
DAWN  HANNASCH,  DIVISION  OPERATIONS MANAGER,  DIVISION  OF                                                                    
BANKING  AND SECURITIES,  DEPARTMENT OF  COMMERCE, COMMUNITY                                                                    
AND ECONOMIC DEVELOPMENT,  reviewed the previously published                                                                    
fiscal  impact   note  from  the  Department   of  Commerce,                                                                    
Community,  and   Economic  Development  (DCCED)   with  the                                                                    
control code znqFK. She explained  that the department would                                                                    
not need to  add anything to its budget as  it had seen that                                                                    
similar licenses  had declined  over the  last decade  by 78                                                                    
percent. There would  be 19 licenses that  would be impacted                                                                    
if the  bill were to  pass. The department  anticipated that                                                                    
the Division of  Banking and Securities would see  a loss of                                                                    
about  $28,500 annually  due  to the  loss  of the  biannual                                                                    
renewal license fee of $3,000.  She explained that licensees                                                                    
would  then have  the opportunity  to apply  for the  Alaska                                                                    
Small Loans Act  which had an annual renewal  fee of $1,000.                                                                    
The  projected  income  from  the   licensees  was  not  yet                                                                    
determined.                                                                                                                     
                                                                                                                                
10:01:09 AM                                                                                                                   
                                                                                                                                
Co-Chair Edgmon set an amendment  deadline for Monday, April                                                                    
29, 2024, at 5:00 p.m.                                                                                                          
                                                                                                                                
HB  145  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
Co-Chair Johnson  moved that Mr.  Brodie Anderson,  staff to                                                                    
Co-Chair Foster, be wished a happy birthday.                                                                                    
                                                                                                                                
Co-Chair Edgmon reviewed the agenda for the afternoon                                                                           
meeting.                                                                                                                        
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
10:02:51 AM                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:02 a.m.                                                                                         
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
HB 145 Public Testimony Rec'd by 042324.pdf HFIN 4/24/2024 9:00:00 AM
HB 145
HB 145 Public Testimony Rec'd by 042424.pdf HFIN 4/24/2024 9:00:00 AM
HB 145