Legislature(2019 - 2020)GRUENBERG 120

03/05/2019 03:00 PM STATE AFFAIRS

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Audio Topic
03:03:02 PM Start
03:03:51 PM Confirmation Hearing(s)
03:04:07 PM Commissioner, Department of Military & Veterans' Affairs,
03:37:42 PM Commissioner, Department of Administration
04:52:47 PM HJR9
05:01:21 PM HB57
05:09:42 PM HB15
05:16:36 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Consideration of Governor's Appointees: TELECONFERENCED
- Commissioner Designee General Torrence Saxe,
Dept. of Military & Veterans' Affairs
- Commissioner Designee Kelly Tshibaka, Dept. of
Administration
-- Public Testimony --
*+ HJR 9 ELIZABETH PERATROVICH COMMEMORATIVE COIN TELECONFERENCED
Heard & Held
*+ HB 15 SENTENCING: VEHICLE THEFT TELECONFERENCED
Heard & Held
*+ HB 57 CHILD LABOR HOURS TELECONFERENCED
Heard & Held
                     HB 57-CHILD LABOR HOURS                                                                                
                                                                                                                              
5:01:21 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."                                                                                                                          
                                                                                                                                
5:01:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TAMMIE WILSON, Alaska  State Legislature, as prime                                                               
sponsor  of HB  57,  relayed that  the  proposed legislation  was                                                               
drafted in response to the  [Fairbanks Youth Soccer Association],                                                               
which  was  concerned  that  14- and  15-year-olds  had  to  stop                                                               
refereeing at 9 p.m. in the  summer in Fairbanks.  She maintained                                                               
that  in drafting  HB  57,  she learned  that  the current  hours                                                               
allowed for youth  to work - 5  a.m. to 7 p.m.  during the school                                                               
year and 5 a.m. to 9 p.m. during  the summer - do not comply with                                                               
federal law,  which calls for a  7 a.m. beginning time  for both;                                                               
therefore, a  waiver is necessary.   She offered that  in Alaska,                                                               
"nobody even knew  of such a waiver"; however,  the Department of                                                               
Labor & Workforce  Development (DOLWD) is now pursuing  one.  She                                                               
offered that should HB 57 pass,  Alaska would be required to have                                                               
a waiver to ensure compliance with federal law.                                                                                 
                                                                                                                                
5:03:30 PM                                                                                                                    
                                                                                                                                
GREY  MITCHELL,  Director,   Division  of  Workers'  Compensation                                                               
(DWC),  Department  of  Labor &  Workforce  Development  (DOLWD),                                                               
testified that the  state's child labor law  differs from federal                                                               
law in several areas.    One area of disagreement  is found in AS                                                               
23.10.340, which HB 57 would amend.   He stated that AS 23.10.340                                                               
was last amended in  1981 when the hours, which were  6 a.m. to 7                                                               
p.m., were changed  to 5 a.m. to  9 a.m.  He offered  that DWC is                                                               
pursuing  several   matters:    a  clear   understanding  of  the                                                               
legislative intent  associated with that change;  the reaction of                                                               
the  U.S. Department  of Labor  (USDOL)  to the  change; and  the                                                               
existence of a waiver process that  Alaska could pursue.  He said                                                               
that initially  his office was  told there is no  waiver process;                                                               
the provisions for child labor are  set at the federal level.  He                                                               
added  that his  contacts in  the Wage  and Hour  Division (WHD),                                                               
USDOL, suggested  that these requirements  have not  been changed                                                               
for  many years  and  when  they were  created,  Alaska with  its                                                               
nighttime  daylight hours  was most  likely not  considered.   He                                                               
maintained that  the exclusion that  exists under federal  law is                                                               
primarily  related  to  work training  programs;  therefore,  the                                                               
waiver being discussed  would likely not fit  into that category.                                                               
Alaska  would be  looking more  at an  opportunity for  a "common                                                               
sense" waiver  based on Alaska's circumstances  and the situation                                                               
regarding  young  people  officiating   soccer,  which  does  not                                                               
constitute a significant hazard.                                                                                                
                                                                                                                                
MR.  MITCHELL   relayed  that  one   the  issues   still  needing                                                               
resolution is whether  there might be an  exclusion from coverage                                                               
based on the tests of applicability  that exist in the Fair Labor                                                               
Standards Act  (FLSA).   He said  that there  are two  tests that                                                               
apply.     To  meet  the   enterprise  test  for   coverage,  the                                                               
organization  would have  to  have at  least  $500,000 in  annual                                                               
revenue,  at  least  two  employees,  and  engage  in  interstate                                                               
commerce.   The second test is  an individual test.   He said DWC                                                               
has not checked  with the youth soccer organization to  see if it                                                               
meets the enterprise test; however, he suspects it does not.                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON emphasized  that the  proposed legislation                                                               
would not  be solely  for soccer,  but would be  for 14-  and 15-                                                               
year-olds  throughout the  state to  be  able to  engage in  such                                                               
activities until 10 p.m.                                                                                                        
                                                                                                                                
5:08:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL  offered that he has  additional questions on                                                               
child labor laws.                                                                                                               
                                                                                                                                
REPRESENTATIVE WILSON  stated that  the requirements for  14- and                                                               
15-year-olds are  very clear in  federal law; however,  for other                                                               
ages the rules change tremendously.                                                                                             
                                                                                                                                
[HB 57 was held over.]                                                                                                          
                                                                                                                                

Document Name Date/Time Subjects
Dept. of Military and Veterand Affairs Appointee Torrence Saxe - Resume.pdf HSTA 3/5/2019 3:00:00 PM
Dept. of Administration Appointee Kelly Tshibaka - Resume.pdf HSTA 3/5/2019 3:00:00 PM
Dept. of Administration Commissioner Tshibaka - Daniel Brown Letter of Support.pdf HSTA 3/5/2019 3:00:00 PM
Dept. of Administration Commissioner Tshibaka - Alvin Velazquez Letter of Support.pdf HSTA 3/5/2019 3:00:00 PM
Dept. of Administration Commissioner Tshibaka - Captain Brent Breining Letter of Support.pdf HSTA 3/5/2019 3:00:00 PM
Dept. of Administration Commissioner Tshibaka - Daryl Kreml Letter of Support.pdf HSTA 3/5/2019 3:00:00 PM
Dept. of Administration Commissioner Tshibaka - David Yacobucci Letter of Support.pdf HSTA 3/5/2019 3:00:00 PM
Dept. of Administration Commissioner Tshibaka - Glenn Fine Letter of Support.pdf HSTA 3/5/2019 3:00:00 PM
Dept. of Administration Commissioner Tshibaka - Inspector General Letter of Support.pdf HSTA 3/5/2019 3:00:00 PM
Dept. of Administration Commissioner Tshibaka - Lorrel Brown Letter of Support.pdf HSTA 3/5/2019 3:00:00 PM
Dept. of Administration Commissioner Tshibaka - Scott Wilson Letter of Support.pdf HSTA 3/5/2019 3:00:00 PM
Dept. of Administration Commissioner Tshibaka - Kadita Tshibaka Letter of Support.pdf HSTA 3/5/2019 3:00:00 PM
HJR9.PDF HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
HJR 9
HJR 9 - Sponsor Statement 3.5.2019.pdf HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
SCRA 5/7/2019 3:30:00 PM
HJR 9
HJR 9 - Supporting Document, EP Image Options 3.5.2019.pdf HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
SCRA 5/7/2019 3:30:00 PM
HJR 9
HJR 9 Fiscal Note LEG-SESS.pdf HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
SCRA 5/7/2019 3:30:00 PM
HJR 9
HB15.PDF HSTA 3/5/2019 3:00:00 PM
HB 15
HB 15 Sponsor Statement 3.5.2019.pdf HSTA 3/5/2019 3:00:00 PM
HB 15
HB15 Sectional Analysis 3.5.2019.pdf HSTA 3/5/2019 3:00:00 PM
HB 15
HB 15 Supporting Document - NICB Letter of Support.pdf HSTA 3/5/2019 3:00:00 PM
HB 15
HB15 Supporting Document - APOA Letter of Support 3.5.2019.pdf HSTA 3/5/2019 3:00:00 PM
HB 15
HB15 Supporting Document - APDEA Letter of Support 3.5.2019.pdf HSTA 3/5/2019 3:00:00 PM
HB 15
HB15 Supporting Document - DOC Vehicle Theft Graph.pdf HSTA 3/5/2019 3:00:00 PM
HB 15
HB15 Supporting Document - KTVA News Article 3.5.2019.pdf HSTA 3/5/2019 3:00:00 PM
HB 15
HB15 Supporting Document - KTUU News Article 3.5.2019.pdf HSTA 3/5/2019 3:00:00 PM
HB 15
HB15 Fiscal Note CRIM 3.5.2019.pdf HSTA 3/5/2019 3:00:00 PM
HB 15
HB15 Fiscal Note DOA-OPA 3.5.2019.pdf HSTA 3/5/2019 3:00:00 PM
HB 15
HB15 Fiscal Note DOC-IDO 3.5.2019.pdf HSTA 3/5/2019 3:00:00 PM
HB 15
HB 15 Fiscal Note DOA-PDA 3.5.2019.pdf HSTA 3/5/2019 3:00:00 PM
HB 15
HB057 ver M 2.26.19.PDF HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
HB 57
HB057 ver M Sponsor Statement 2.26.19.pdf HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
HB 57
HB057 ver M additional document - email string DLWD 2.26.19.pdf HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
HB 57
HB057 ver M additional document - email from FYSA 2.26.19.pdf HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
HB 57
HB057 ver M additional document - legal memo to ver A 2.26.19.pdf HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
HB 57
HB057 ver M additional document - Code of Federal Regulations 2.26.19.pdf HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
HB 57
HB57 Fiscal Note DOLWD-WH 3.5.2019.pdf HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
HB 57
HJR 9 Supporting Document - Letter of Support 3.12.19_Redacted.pdf HSTA 3/5/2019 3:00:00 PM
HJR 9