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.