Legislature(2019 - 2020)GRUENBERG 120
03/14/2019 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Presentation(s): Reentry's Role in Reducing Crime | |
| HB57 | |
| HB83 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 20 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 57 | TELECONFERENCED | |
| += | HB 83 | TELECONFERENCED | |
HB 57-CHILD LABOR HOURS
4:34:08 PM
CO-CHAIR FIELDS announced that the next order of business would
be HOUSE BILL NO. 57, "An Act relating to expanding the period
in a day during which an employed child under 16 years of age
may perform work in the summer; and providing for an effective
date."
4:34:26 PM
CO-CHAIR KREISS-TOMKINS moved to adopt Amendment 1, [labeled 31-
LS0271\M.3, Wayne, 3/13/19], which read:
Page 2, line 4:
Delete "5:00 a.m."
Insert "4:00 a.m."
CO-CHAIR FIELDS objected for the purpose of discussion.
CO-CHAIR KREISS-TOMKINS explained that Amendment 1 would change
the summer working hours by replacing the beginning time, 5
a.m., with 4 a.m. He expressed that in sport fishing and
charter lodges in coastal Alaska, youth often bus tables or
provide services during a "pre-fishing" shift, which could be as
early as 4 a.m.
CO-CHAIR FIELDS removed his objection.
4:36:02 PM
REPRESENTATIVE WOOL expressed his belief that sleep is very
important for youth, thus, objected to the proposed amendment.
He asked for confirmation that the proposed legislation cannot
pass into law without Alaska getting a federal waiver [to the
Fair Labor Standards Act (FLSA)].
4:37:02 PM
REPRESENTATIVE TAMMIE WILSON, Alaska State Legislature,
responded that Alaska does need a waiver. She said that staff
in U.S. Senator Dan Sullivan's office are pursuing this matter.
She expressed that Alaska would need a waiver whether or not HB
57 passes, because currently Alaska hours, 5 a.m. to 9 p.m., do
not correspond with the federally mandated hours of 7 a.m. to 9
p.m. She pointed out that regarding the proposed amendment,
parents do not have to let their children work; for alternate
lifestyles, sleep hours can be adjusted accordingly.
REPRESENTATIVE WOOL acknowledged that parents would have to
consent; however, he offered that if working in a remote area,
such as at a lodge, youth may respond to other than parental
guidance. He offered that with the proposed legislation, Alaska
is already "pushing the envelope," and there has not been public
testimony. He maintained his objection to Amendment 1.
REPRESENTATIVE LEDOUX offered that in summer it is light out [at
night]; kids don't go to bed anyway; therefore, they might as
well be doing something productive. She said that because it is
summer, there is plenty of time for sleep.
REPRESENTATIVE VANCE asked whether the federal waiver, if
granted, would specify the hours for the extension, or only the
hours stated in HB 57.
REPRESENTATIVE WILSON responded that she has no idea. She
expressed her understanding that Alaska would insert the hours
it desired into the waiver with justification, and the federal
government would make its determination. She maintained that
Legislative Legal Services informed her office of the waiver
application, but she has yet to see one. She confirmed that HB
57 cannot pass without the waiver.
REPRESENTATIVE VANCE expressed that she does not oppose the
proposed amendment but would like public input. She relayed
that she recalls being a young worker in her coastal community
and offered that if 14- and 15-year-olds are willing to get up
that early in the morning or stay working that late at night, it
should not be discouraged.
REPRESENTATIVE SHAW expressed that if Alaska can extend bar
hours in the summer, then it should be able to extend hours for
youth wanting to work at 4 a.m. during the summer.
REPRESENTATIVE LEDOUX asked for clarification that whether HB 57
passes or doesn't pass, Alaska is not currently in compliance.
REPRESENTATIVE WILSON replied, "You are correct." She added
that many people throughout the state do not realize that there
is a federal law that is different from Alaska law [regarding
work hours for youth]. She said that HB 57 attempts to put
young workers in compliance [with federal and state law] and
allow them to work in the job in which they anticipated working.
REPRESENTATIVE LEDOUX asked whether pursuing the proposed
legislation puts Alaska in danger of revealing [Alaska's non-
compliance] to the federal government and ending up with
enforcement activity.
REPRESENTATIVE WILSON responded, "Too late." She relayed that
Senator Sullivan put a formal request in today and added that
the federal government probably is already aware of the issue.
She stated that the [federal] law has been in existence for a
very long time; she does not know if other extensions have been
granted; every state is different, and situations change.
4:43:06 PM
REPRESENTATIVE WOOL referred to the difficulty of getting kids
up early and maintained that they would not go to bed at 7 p.m.
to get eight hours of sleep before having to get up at 3 a.m.
He offered the possibility that starting work at 4 a.m. may, in
some cases, be coerced by a supervisor and not voluntary. He
suggested that extending an hour at each end of the work day may
make it more likely that the waiver is not granted.
4:44:20 PM
The committee took an at-ease from 4:44 p.m. to 4:45 p.m.
4:45:13 PM
CO-CHAIR KREISS-TOMKINS expressed that the most significant
issue regarding the proposed legislation is that the reality of
what is happening in Alaska right now is incongruent with
federal law.
4:45:55 PM
CO-CHAIR FIELDS took a brief at-ease at 4:46 p.m.
A roll call vote was taken. Representatives Story, Vance, Shaw,
LeDoux, and Kreiss-Tomkins voted in favor of Amendment 1.
Representatives Wool and Fields voted against it. Therefore,
Amendment 1 passed by a vote of 5-2.
4:47:15 PM
The committee took a brief at-ease at 4:47 p.m.
4:47:20 PM
REPRESENTATIVE WOOL reiterated that a U.S. Department of Labor
(USDOL) waiver would be needed for HB 57 to pass.
4:48:12 PM
CO-CHAIR KREISS-TOMKINS moved to report HB 57, as amended, out
of committee with individual recommendations and the
accompanying zero fiscal note. There being no objection, CSHB
57(STA) was reported from the House State Affairs Standing
Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Recidivism Reduction and Reentry House State Affairs Presentation 3.14.19.pdf |
HSTA 3/14/2019 3:00:00 PM |
|
| Additional Document - Partners Reentry Center 3.14.19.pdf |
HSTA 3/14/2019 3:00:00 PM |
|
| HB57 Amendment v M.3 3.14.19.pdf |
HSTA 3/14/2019 3:00:00 PM |
HB 57 |
| HB57 Amendment #1 3.14.19.pdf |
HSTA 3/14/2019 3:00:00 PM |
HB 57 |
| Committee on Committees Resolution - 31-LS0673_U 3.14.19.pdf |
HSTA 3/14/2019 3:00:00 PM |
|
| HB083 Supporting Document-Report NIST 3.26.19.pdf |
HSTA 3/14/2019 3:00:00 PM |
HB 83 |