Legislature(2019 - 2020)GRUENBERG 120

03/14/2019 03:00 PM STATE AFFAIRS

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Audio Topic
03:03:15 PM Start
03:05:00 PM Presentation(s): Reentry's Role in Reducing Crime
04:34:08 PM HB57
04:50:19 PM HB83
04:53:35 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation: Reentry's Role in Reducing Crime TELECONFERENCED
+= HB 20 SEXUAL ASSAULT EXAMINATION KITS TELECONFERENCED
<Bill Hearing Canceled>
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 57 CHILD LABOR HOURS TELECONFERENCED
Moved CSHB 57(STA) Out of Committee
-- Public Testimony --
+= HB 83 PROHIBIT VOTING BY FACSIMILE TELECONFERENCED
Moved CSHB 83(STA) Out of Committee
-- Public Testimony --
                    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