03/17/1995 02:59 PM Senate JUD

 SJUD - 3/17/95                                                                
         SB 106 PROHIBIT EMPLOY MINORS AT STRIP TEASE                         
                                                                              
  CHAIRMAN ROBIN TAYLOR  called the Judiciary Committee meeting to             
 order at 2:59 p.m.  The first bill before the committee was SB 106,           
 sponsored by Senator Miller.                                                  
                                                                               
 SENATOR MILLER informed committee members that a situation in                 
 Fairbanks was brought to his attention that was the impetus for SB
.  Later in the year the same situation was occurring in                   
 Anchorage and could be in the Kenai in the near future.  He                   
 explained there are strip tease businesses that do not serve                  
 alcohol and as a result are able to get around age limits when                
 hiring employees.  In the Fairbanks case, a 16 year old year was              
 found to be working in a strip tease joint.  Also, because no                 
 alcohol beverages are served there is no age limit on individuals             
 who may frequent these establishments.                                        
                                                                               
 SENATOR MILLER commented on the committee substitute.  Section 1              
 states an individual must be 18 years old or older to enter an                
 establishment that offers adult entertainment.  Section 2 states a            
 minor may be employed in the entertainment industry, but specifies            
 that an individual must be 18 to be employed in the adult                     
 entertainment industry,and it contains a list of the types of                 
 businesses in that industry.                                                  
                                                                               
 SENATOR MILLER noted the Department of Labor supports the bill, but           
 has proposed an amendment to raise the age of employment to 21.  He           
 stated he supports the amendment but did not want to jeopardize the           
 legislation from passing because of the serious need for the                  
 legislation.                                                                  
                                                                               
 Number 071                                                                    
                                                                               
 SENATOR GREEN moved to adopt the committee substitute for SB 106              
 (Cramer, 3/17/95).  There being no objection, the committee                   
 substitute was adopted.                                                       
                                                                               
 DWIGHT PERKINS, Department of Labor, testified in support of CSSB
 (JUD).  He stated the Department has recently found clubs                 
 operating in Fairbanks and Anchorage employing minors who are                 
 usually runaways or disadvantaged youth.  He explained that both              
 employers and employees fill out parts of work permits.  Generally            
 the parents fill out the part for the employee, however this is not           
 done in these cases.                                                          
                                                                               
 SENATOR MILLER noted KIDPAC and the Womens' Lobby were supportive             
 of CSSB 106 (JUD).  He moved adoption of the amendment (Cramer,               
 3/17/95) which changes the definition of "minors" from youth under            
 age 18 to youth under age 21.  SENATOR ADAMS objected and                     
 questioned why an 18 year old who is finished with high school                
 should not be able to choose where he/she works.                              
                                                                               
 Number 132                                                                    
                                                                               
 SENATOR MILLER stated he understood the objection and although he             
 supported the amendment, he felt leaving it at age 18 to be better            
 than what is currently allowed.                                               
                                                                               
 SENATOR DONLEY questioned whether the amendment had been reviewed             
 by the Department of Law.  SENATOR MILLER replied it has been                 
 reviewed by the Department of Labor and the Department of Law.                
 SENATOR DONLEY commented terms such as "adult entertainment" are              
 difficult to define, and noted that modern dance could fall under             
 the definition.  He expressed concern that the definition may go              
 too far.                                                                      
                                                                               
 SENATOR MILLER replied some definition is necessary to create                 
 standards.  He added that many of the standards in the definition             
 are from the obscenity statutes passed last year. He felt the                 
 prosecution would have to make judgement calls to some extent, but            
 reiterated some standards are better than none.                               
                                                                               
 SENATOR TAYLOR announced that a thorough review by the Department             
 of Law of the definitions to clarify what activities are illegal,             
 and whether or not they are enforceable, needs to be conducted                
 before the bill is scheduled for a vote on the Senate floor.                  
 SENATOR GREEN asked for clarification of the definition of the word           
 "minor."  SENATOR TAYLOR explained there is a whole series of                 
 definitions for people at various ages, but generically, a youth              
 below the age of 18 is considered a minor.  After that age, an                
 individual can vote and enter into a contract, and it is the cutoff           
 age for criminal activity.                                                    
                                                                               
 Number 222                                                                    
                                                                               
 SENATOR MILLER expressed concern that the proposed amendment might            
 cast a lot of doubt on the bill because of the 18 - 21 year old               
 issue.  He withdrew his motion to adopt the amendment.  There being           
 no objection, the amendment was withdrawn.                                    
                                                                               
 SENATOR ADAMS noted the penalty provision in Section 4 carries a 90           
 day prison sentence.  He questioned the lack of support for prison            
 funding.  SENATOR MILLER commented the Departments have submitted             
 zero fiscal notes, therefore he assumed the measure could be                  
 implemented without cost to the state.                                        
                                                                               
 SENATOR TAYLOR noted he supported additional funding for prisons.             
 SENATOR ADAMS commented Senator Taylor was one of the few brilliant           
 people on the floor that day.                                                 
                                                                               
 Number 261                                                                    
                                                                               
 SENATOR GREEN moved CSSB 106 (JUD) out of committee with individual           
 recommendations.  There being no objection, the motion carried.