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.]