Legislature(2015 - 2016)CAPITOL 106
03/28/2016 08:00 AM House EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| HB298 | |
| HB305 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 298 | TELECONFERENCED | |
| *+ | HB 305 | TELECONFERENCED | |
| *+ | HB 357 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 305-EDUCATIONAL EXEMPTION FOR YOGA TRAINING
9:21:16 AM
CHAIR KELLER announced that the final order of business would be
HOUSE BILL NO. 305, "An Act relating to yoga training programs;
and relating to an exemption from the regulation of
postsecondary educational institutions."
9:21:49 AM
REPRESENTATIVE TALERICO moved to adopt the proposed committee
substitute (CS) for HB 305, Version 29-LS1401\H, as the working
document. There being no objection Version H was before the
committee.
9:22:16 AM
REPRESENTATIVE LYNN GATTIS, Alaska State Legislature, introduced
HB 305, as prime sponsor, paraphrasing from a prepared statement
which read as follows [original punctuation provided]:
This bill may seem small or even trivial, but it is
indicative of a larger issue. As we work through
significant budget cuts, sometimes departments look to
offset the loss of those funds by finding other
sources of revenue. This is oftentimes done by
charging more for services or implementing fees on new
things. That's what this bill prevents, Mr. Chair. It
is ultimately about defending our fellow Alaskans from
an overreaching government. With this bill, we are
proposing sideboards for the regulatory powers of the
Alaska Commission on Postsecondary Education-also
known as ACPE. We need to prioritize smaller
government and we must do everything we can to ensure
that the government is helping Alaskans when they need
it, by getting out of their way when they don't. This
bill simply exempts programs done primarily for
enjoyment and not as a career.
9:23:41 AM
CHRYSTAL RANDOLPH, Staff, Representative Lynn Gattis, Alaska
State Legislature, provided the sectional analysis of the
proposed CS, paraphrasing from a prepared statement, which read
as follows [original punctuation provided]:
Section 1:
AS 14.48.030 (a). Adds new lines.
Exemptions to the Regulations of Postsecondary
Institutions.
Exempts programs that are in a field that:
A. Does not require a professional or occupational
license under AS 08.
B. Provides training primarily for recreational
purposes; and
C. At the advanced training level, prepares program
graduates to teach or instruct in that field.
Section 2:
AS 14.48.030. Adds new subsection.
Exemptions to the Regulations of Postsecondary
Institutions.
Requires the educational programs or institutions that
are exempt under (a)(5) to provide students with
written notice, before enrollment, that the program or
institution is exempt from state authorization
requirements.
Section 3:
AS 14.48.030. Adds new paragraphs.
Exemptions to the Regulations of Postsecondary
Institutions.
Provides definitions to the terms "avocational,"
"recreational," and "vocational".
9:25:55 AM
REPRESENTATIVE COLVER noted that the CS appears to keep
government overreach in check.
REPRESENTATIVE GATTIS concurred.
9:26:27 AM
REPRESENTATIVE SEATON noted that massage therapists are not
included, and surmised that such activity is governed under an
occupational licenses bill.
REPRESENTATIVE GATTIS confirmed the members understanding.
REPRESENTATIVE SEATON asked about advanced training levels for
teaching and whether it includes activities such as ski
instruction.
REPRESENTATIVE GATTIS deferred.
MS. RANDOLPH responded that the intent would not be inclusive of
enjoyment sports.
REPRESENTATIVE SEATON asked whether ski instructors are
regulated under a commission.
MS. RANDOLPH responded no.
REPRESENTATIVE SEATON requested information that clearly defines
the parameters of the bill.
9:29:13 AM
REPRESENTATIVE GATTIS said no activities are being taken out of
regulation, and the intent is to protect other activities from
being included in existing regulation.
9:30:12 AM
REPRESENTATIVE COLVER questioned whether the bill would result
in a cost savings to instructors who are seeking a license.
REPRESENTATIVE GATTIS answered that it eliminates any costs
associated with receiving a license, if one is not required.
9:31:33 AM
REPRESENTATIVE SEATON asked whether the bill removes any
requirements relating to current positions under purview of the
commission, pertaining to instructor training courses.
STEPHANIE BUTLER, Director of Operations, Postsecondary
Education Commission, Department of Education and Early
Development (EED), answered that only the yoga programs would be
impacted by this change.
REPRESENTATIVE SEATON noted that the commission is currently
regulating the yoga programs, and asked for an analysis of the
benefits/necessity for continuing the oversight.
MS. BUTLER responded that the commission is charged with
education consumer protection oversight and the staff analysis
indicates that no consumer protections will be jeopardized by
exempting the yoga programs via passage of the bill.
9:33:25 AM
JODEE DIXON, Owner, The Yoga Path, stated support for HB 305,
paraphrasing from a prepared statement, which read as follows
[original punctuation provided]:
I have been practicing the art of yoga for 17 years.
Yoga is a lifestyle for the people who practice it. I
opened my studio here in Juneau one and a half years
ago. I've been instructing yoga for over 10 years.
Last year I had 5 people enrolled in my yoga teacher
training program, or as we call it YTT. This program
is advance yoga for people who want to expand their
yoga experience and possibly instruct yoga. After
completion of the program these individuals sometimes
teach a couple of yoga classes in exchange for studio
time or fill in for people like myself when I'm on
vacation or travelling for business.
Last year ACPE contacted me and informed me that I
needed to register with their agency because I was
offering a YTT that exceeded a 15 days or 120 hours
and upon completion I issued a certificate of
completion. The certificate I issue is only good for
one thing, to build a personal profile on the Yoga
Alliance Registry. ACPE informed me that I could
complete the training for the 5 people I had already
started, but if I want to continue offering YTT I
would need to complete their application and pay a
$2,500 fee. When I reviewed the application I
realized that I would have to purchase insurance above
the level that my insurance broker and I determined I
need. I determined I would need a minimum of 6 people
in my program just to break even, so I have
discontinued offering my YTT program at this time.
The State of Alaska does not regulate yoga studios or
people like me that teach yoga. I do not have to
possess a specialty license like massage therapist or
barbers. In fact, any one of you can open a yoga
studio and teach yoga without any formal training. We
have been told it we stopped calling our program a
yoga teacher training and stopped issuing certificates
of completion we would not be subjected to register
and pay the $2,500 fee to ACPE.
I am a member of the Yoga Alliance, a non-profit
membership trade association that represents yoga
teachers and yoga studios. Yoga Alliance has
established voluntary yoga industry standards for YTT
programs and maintains a registry of people who hav4e
completed YTT programs.
Please support the passage of HB 305.
9:36:01 AM
REPRESENTATIVE COLVER asked what triggered the involvement of
the commission to contact her about regulatory compliance.
MA. DIXON responded that the statutory threshold of 120 hours
was exceeded. The standard yoga instructor certification
training requires 200 hours.
9:36:46 AM
BARBARA DOBBERTHIEN, Executive Director, Yoga Alliance, stated
support for HB 305, paraphrasing from a prepared statement,
which read as follows [original punctuation provided]:
Yoga Alliance is an international association
representing nearly 80,000 small businesses and
individuals in the yoga industry; 232 of those are in
Alaska.
As you know, the effect of HB 305 would be to clarify
that the Alaska Commission on Postsecondary Education
(ACPE) institutional authorization process does not
apply to yoga teacher training programs (YTTs). This
clarification is important because institutional
authorization by ACPE is designed for programs that
provide "for attainment of educational, professional,
or vocational objectives." Alaska Stat. 14.48.210.
Since participants in YTT programs primarily attend
for recreational and avocational purposes, exempting
these programs from ACPE regulation is appropriate and
necessary to prevent undue burden on small yoga
studios.
9:38:03 AM
CHAIR KELLER closed public testimony.
9:38:14 AM
REPRESENTATIVE COLVER stated support for HB 305 and said it
would remove unnecessary regulation and increase access to yoga.
9:38:30 AM
REPRESENTATIVE TALERICO moved to report the proposed CS for HB
305, Version 29-LS1401\H, with individual recommendations and
the accompanying fiscal notes. There being no objection CSHB
305(EDC) was reported from the House Education Standing
Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CSHB305 Sponsor Statement.pdf |
HEDC 3/28/2016 8:00:00 AM |
HB 305 |
| CSHB305 ver H.pdf |
HEDC 3/28/2016 8:00:00 AM |
HB 305 |
| CSHB305 EDC Sectional Analysis.pdf |
HEDC 3/28/2016 8:00:00 AM |
HB 305 |
| HB305 Sectional Analysis.pdf |
HEDC 3/28/2016 8:00:00 AM |
HB 305 |
| CSHB305 EDC Summary of Changes.pdf |
HEDC 3/28/2016 8:00:00 AM |
HB 305 |
| HB305 ver A.pdf |
HEDC 3/28/2016 8:00:00 AM |
HB 305 |
| HB305 Supporting Documents.pdf |
HEDC 3/28/2016 8:00:00 AM |
HB 305 |
| HB305 Opposing Documents.pdf |
HEDC 3/28/2016 8:00:00 AM |
HB 305 |
| HB305 Alaska Statutes on Regulation of Postsecondary Institutions.pdf |
HEDC 3/28/2016 8:00:00 AM |
HB 305 |
| HB305 ACPE Application for Initial Authorization.pdf |
HEDC 3/28/2016 8:00:00 AM |
HB 305 |
| HB305 National Trends on State Regulation of YTTS as Occupational Schools.pdf |
HEDC 3/28/2016 8:00:00 AM |
HB 305 |
| HB305 History of Yoga Alliance.pdf |
HEDC 3/28/2016 8:00:00 AM |
HB 305 |
| HB357 ver. A.PDF |
HEDC 3/28/2016 8:00:00 AM HEDC 4/1/2016 8:00:00 AM |
HB 357 |
| HB357 Sponsors Statement.pdf |
HEDC 3/28/2016 8:00:00 AM HEDC 4/1/2016 8:00:00 AM |
HB 357 |
| CSHB298 ver W.pdf |
HEDC 3/28/2016 8:00:00 AM HEDC 4/1/2016 8:00:00 AM |
HB 298 |