Legislature(2001 - 2002)
03/04/2002 03:20 PM House L&C
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 128-EMPLOYMENT OF MINORS IN AGRICULTURE TAPE 02-30, SIDE A Number 001 CHAIR MURKOWSKI announced that the final order of business would be HOUSE BILL NO. 128, "An Act relating to employment of certain minors in agriculture." She noted that last year HB 128 was assigned to a subcommittee chaired by Representative Rokeberg. Number 036 REPRESENTATIVE ROKEBERG moved that the committee adopt the proposed committee substitute (CS) [version 22-LS0373\O, Kramer, 2/7/02], which was recommended by the subcommittee, as the working document. There being no objection, Version O was before the committee. REPRESENTATIVE ROKEBERG remarked that the primary issue is in regard to the seven-day [time period for the employer to file the written parental consent]. CHAIR MURKOWSKI related her understanding that the issue is in regard to whether the seven days is adequate, too much, or too little. REPRESENTATIVE ROKEBERG agreed. Number 079 REPRESENTATIVE SCOTT OGAN, Alaska State Legislature, testified as the sponsor of HB 128. In regard to the seven-day issue, he related his belief that it's a compromise. He acknowledged that in some parts of the state it may be difficult to meet the seven-day requirement. He remarked, "I think this is good, commonsense legislation." Furthermore, Representative Ogan said he feels this legislation will result in a cost savings to the Department of Labor & Workforce Development (DLWD), because it won't have to deal with every case. Number 104 REPRESENTATIVE HALCRO highlighted that the title of the bill has been broadened quite a bit. Originally, the bill addressed only agriculture, whereas now it addresses all industries. Representative Halcro inquired as to whether Representative Ogan is supportive of broadening the title to include all industries. REPRESENTATIVE OGAN replied yes. Although this legislation began in an attempt to address agriculture, he felt it would work well with all employers of minors. Number 139 REBECCA NANCE GAMEZ, Deputy Commissioner, Office of the Commissioner, Department of Labor & Workforce Development, announced that the department is comfortable with moving forward with Version O. There is a draft fiscal note of $22,500 for a one-time expense for legal services, public notices, hearing space, and revising and reprinting posters and pamphlets. The fiscal note will be transmitted tomorrow. She related her belief that [Version O] is a good compromise. CHAIR MURKOWSKI asked whether the seven-day period is workable for the department. Number 166 RICHARD MASTRIANO, Director, Division of Labor Standards & Safety, Department of Labor & Workforce Development, testified via teleconference, saying the seven-day requirement is reasonable and acceptable. Although the [department] would like that time to be shorter, everyone is compromising [with the seven days]. He pointed out that if the legislation works as it should, then [the division] will have reviewed the jobs prior to the minors' working. CHAIR MURKOWSKI asked whether [the division] has to have the original copy and thus the "written consent" could be faxed. She also asked whether [the division] can accept the consent form from the parent in writing. MR. MASTRIANO replied yes. He explained that the plan is to redesign the current work permit and use it for parental consent. [The division] currently accepts a parental signature that is faxed. Number 194 REPRESENTATIVE HALCRO recalled testimony in hearings last year that the turnaround time for these approvals was fairly quick. He inquired as to how this worked last summer. MR. MASTRIANO answered that the turnaround time was a bit longer this summer due to [the division's] shortage of personnel. He explained that usually the division assigns one investigator daily to review the work permits, and one clerk. However, the [division] was short an investigator and there was difficulty keeping a clerk in that position. In some cases, the turnaround time was about three days, although every effort was made to respond within 24 hours. MR. MASTRIANO, in further response to Representative Halcro, said there have been instances in which the applicant was denied. For example, he recalled a couple of instances in which minors were employed in establishments that sold alcohol; those minors weren't old enough to work in those establishments and thus were denied. He also recalled a denial for a child who wasn't old enough to work in the construction area. Number 247 LARRY DeVILBISS, Wolverine Farm & Farm Bureau, testified via teleconference. Mr. DeVilbiss thanked Representatives Ogan and Rokeberg for working this out. Last week, he noted, this [legislation] was presented to the Alaska Farm Bureau, which supports the bill even though it is broader than it was originally. Mr. DeVilbiss pointed out that he'd read [Version O] to allow the old option to be used if it works and if some elements of this [legislation] don't work in some industries. Mr. DeVilbiss said it seems to be a win-win situation. REPRESENTATIVE ROKEBERG explained that the bill requires a preinspection, but [the division] can default to [subsection (a)], which requires sending in the application and obtaining approval; the youth can work until there is a response [from the division]. He agreed that this is a win-win situation. REPRESENTATIVE MEYER moved to report CSHB 128 [version 22- LS0373\O, Kramer, 2/7/02] out of committee with individual recommendations and the pending fiscal note. There being no objection, CSHB 128(L&C) was moved out of the House Labor and Commerce Standing Committee. CHAIR MURKOWSKI mentioned the possibility that HB 128 would receive an additional referral to the House Finance Committee due to the pending fiscal note.
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