03/12/2019 03:00 PM House STATE AFFAIRS

                    HB  57-CHILD LABOR HOURS                                                                                
                                                                                                                                
4:15:32 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."                                                                                                                          
                                                                                                                                
4:15:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TAMMIE  WILSON, Alaska State  Legislature, relayed                                                               
that current  law states that  children ages  14 and 15  may work                                                               
during the hours of  5 a.m. to 7 p.m. during  the school day, but                                                               
only for an  hour a day, or  5 a.m. to 9 p.m.  during the summer.                                                               
She was approached  by the soccer association  who expressed that                                                               
it was not possible to complete  all the games due to there being                                                               
only one  field; they asked to  be allowed to play  until 10 p.m.                                                               
She stated the proposed legislation  would allow 14- and 15-year-                                                               
olds to  be able to work  until 10 p.m.,  instead of 9 p.m.   She                                                               
maintained that HB 57 would not  increase the number of hours per                                                               
week or  the number of hours  per day that they  would be allowed                                                               
to work.   She added that she discovered,  through research, that                                                               
a state is required to have  a waiver from the U.S. Department of                                                               
Labor (USDOL)  to allow  for such work  hours.   Alaska currently                                                               
does  not have  a  waiver  and is  violating  federal law,  since                                                               
federal law  specifies 7 a.m.  to 7  p.m. during the  school year                                                               
and 7 a.m.  to 9 a.m. otherwise.  She  maintained that her office                                                               
is  pursuing  the  waiver through  U.S.  Senator  Dan  Sullivan's                                                               
office; the waiver is necessary  regardless of the progress of HB
.                                                                                                                             
                                                                                                                                
REPRESENTATIVE  LEDOUX  asked  for  confirmation  that  the  bill                                                               
applies to all activities, not just sporting activities.                                                                        
                                                                                                                                
REPRESENTATIVE  WILSON answered  that for  14- and  15-year-olds,                                                               
that is correct.                                                                                                                
                                                                                                                                
REPRESENTATIVE  WOOL  asked if  there  are  any other  groups  or                                                               
businesses that have requested the change in hours.                                                                             
                                                                                                                                
REPRESENTATIVE WILSON replied,  "Not to me, they have  not."  She                                                               
mentioned  that 14-  and 15-year-olds  are very  limited in  what                                                               
they can  do and  the hours  they can  do it.   She  relayed that                                                               
there  are many  activities exempted  from the  time restrictions                                                               
such as babysitting and other  tasks associated with sports, such                                                               
as cleaning up the football  field or doing laundry; however, the                                                               
work [for the soccer association] is not exempted.                                                                              
                                                                                                                                
REPRESENTATIVE VANCE  referred to page 1,  line 13, of HB  57 and                                                               
asked for the definition of "domestic work."                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON   answered  that  she  does   not  have  a                                                               
definition, but assumes it is  laundry, housework, and such.  She                                                               
said she is not aware of a definition in statute.                                                                               
                                                                                                                                
REPRESENTATIVE  VANCE  suggested  that since  doing  laundry  for                                                               
soccer is exempt, yet other  tasks are not, additional definition                                                               
of     terms     may     help    avoid     the     problem     of                                                               
Alaska and the youth being outside of federal law.                                                                              
                                                                                                                                
REPRESENTATIVE  WILSON  responded that  the  only  law Alaska  is                                                               
breaking is the  one regarding the work hours.   She offered that                                                               
youth workers doing  laundry for a football team  is probably not                                                               
considered  domestic work,  since it  is probably  not their  own                                                               
laundry.                                                                                                                        
                                                                                                                                
4:20:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL referred  to the  letter from  the Fairbanks                                                               
Youth  Soccer  Association  (FYSA),  included  in  the  committee                                                               
packet, in  which the  association relates  that the  season ends                                                               
the first week of August and  even a 9:30 p.m. extension would be                                                               
helpful.     He  mentioned  that  HB  57 specifies  September  or                                                               
otherwise being enrolled  in school as the time of  the work hour                                                               
change.  He suggested that since  school starts the third week of                                                               
August, the date should be changed in the proposed legislation.                                                                 
                                                                                                                                
REPRESENTATIVE WILSON answered that  the language (concerning the                                                               
month)  in  the  proposed  legislation  is  consistent  with  the                                                               
language in federal law.                                                                                                        
                                                                                                                                
REPRESENTATIVE LEDOUX noted that  although federal law requires a                                                               
state to seek an exemption  for youth working in a soccer-related                                                               
job,  federal  law exempts  children  working  on fishing  boats,                                                               
which is one of the most dangerous professions in the world.                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  added that also  there is an  exemption in                                                               
the case  of children working  for their parents.   She expressed                                                               
her  belief that  the law  has  not been  reviewed recently,  and                                                               
things have changed.  She stated,  "We are very good about making                                                               
sure  our  children are  safe,  or  the  jobs  ... are  very  age                                                               
appropriate."   She  expressed her  belief that  there are  other                                                               
groups in  the same position  as FYSA that  are not aware  of the                                                               
law and consequently may be breaking the law as well.                                                                           
                                                                                                                                
REPRESENTATIVE  WOOL  asked  for   confirmation  that  Alaska  is                                                               
already breaking  federal law, and  Alaska getting a  waiver will                                                               
determine if the proposed legislation can advance.                                                                              
                                                                                                                                
REPRESENTATIVE WILSON responded that for  HB 57 to pass, a waiver                                                               
from  USDOL would  be  needed and  incorporated  into statute  by                                                               
Legislative  Legal Services  to ensure  compliance [with  federal                                                               
law.]   She relayed that USDOL  is already working on  this issue                                                               
because,  regardless of  the passage  of HB  57, Alaska  wants to                                                               
comply.                                                                                                                         
                                                                                                                                
CO-CHAIR KREISS-TOMKINS  acknowledged that  HB 57 relates  to 14-                                                               
and 15-year-olds.   He asked  whether there are  any restrictions                                                               
in state  or federal law on  hours that 16- and  17-year-olds can                                                               
work.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  WILSON  answered  that   there  is  a  difference                                                               
between age 16 and  age 17 in the type of  work but not regarding                                                               
the hour issue.                                                                                                                 
                                                                                                                                
CO-CHAIR KREISS-TOMKINS  asked for confirmation that  16- and 17-                                                               
year-olds may  be restricted in  the type  of work, but  they may                                                               
work a 11:00 p.m. to 3:00 a.m. shift if the work warranted it.                                                                  
                                                                                                                                
REPRESENTATIVE WILSON replied, "That's my understanding."                                                                       
                                                                                                                                
CO-CHAIR FIELDS stated that HB 57 would be held over.