Legislature(2001 - 2002)
02/19/2002 02:00 PM Senate L&C
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SB 202-EMPLOYMENT OF PERSONS UNDER AGE 19
CHIARMAN STEVENS announced SB 202 to be up for consideration.
MS. DEBORAH GRUNDMANN said that SB 202 is a Senate Labor and
Commerce bill by request of the former chair of the committee.
She said it is a companion to a House bill sponsored by
Representative Harris.
MR. JOHN MANLEY, Staff to Representative John Harris, sponsor of
companion bill, HB 226, said it was introduced at the request of
a constituent in Valdez.
The original intent of the bill was to make it easier
for seasonal employers in the tourist business to be
able to get kids employed on their staff to help out in
the height of the tourist season. If they are under a
certain age, they cannot work in a hotel or restaurant
where alcohol is served because of the laws of the
state. It makes it difficult especially in some of the
smaller areas of the state, like Valdez, to obtain kids
to employ in the summer time.
This bill's hearing in the House Labor and Commerce committee was
not well received, but he understands this hearing was requested
by Senator Green. He pointed out section 4 deals with employment
of children section of the Labor and Worker's Compensation Title
to regulate what time and hours per week minors under the age of
16 could work and changes to conform with federal limits. Section
5 has to do with 14 - 16 years old working at certain sporting
events in school supervised work programs. He would like to see
both of those sections in a committee substitute.
Another issue is the control of alcohol by person under age and
as interpreted by the ABC Board, when they are operating a cash
register and ringing out a tab for someone who might have bought
a beer with their dinner, this is not allowed.
SENATOR AUSTERMAN asked what the definition of premises was.
MR. MANLEY explained that this problem arose at the Totem Inn
that also has a bar. So none of their maids can be minors.
MR. DOUG GRIFFIN, Alcohol and Beverage Control Board, replied
that delivery of alcohol by room service would include the hotel
rooms as well as the bar and restaurant where alcohol is being
served under "licensed premises." "Otherwise you'd run afoul of
taking alcoholic beverages off of the licensed premise and you'd
occur other problems with Title 4…."
CHAIRMAN STEVENS asked what concerns the House had.
MR. MANLEY replied that their concern was that they were
expanding the universe of where teenagers could be in contact
with alcohol and they thought that was not good public policy.
MR. RICK MASTRIANO, Director, Labor Standards and Safety, said
his concerns were that the department currently has a work permit
process for 14 - 16 year olds saying that they are prenotified of
the employment of the child, what they're going to be doing,
where they're going to be working and how much they're going to
be paid and that the parent or legal guardian knows that their
child is in fact going to be working.
Under this bill, the department would not be notified for 10 days
and in some cases there is no requirement that the department be
notified. The department also requires people under the age of 19
to maintain a work permit and this legislation eliminates all of
those requirements.
MR. MASTRIANO said if the ABC Board does not consider the rooms
part of the licensed premises, they would allow a 14 year old to
work in those rooms. If rooms are considered part of a licensed
premise where room service could deliver alcohol, they are not
allowed.
We like some parts of the bill. We like bringing the
bill in line with the federal guidelines for the times
that the kids are going to be working - the 14 and 15
year olds, but we do not like the idea that we're not
notified of what they're going to be doing or that they
have to have a work permit in order to do it. It
conflicts with our 43.10.332, which requires the
commissioner to approve any of those works for people
under the age of 16.
CHAIRMAN STEVENS asked if he had problems with sections 1
and 6, but not 4 or 5.
MR. MASTRIANO replied yes.
MR. GRIFFIN supported Mr. Mastriano's comments. They think
the prior notification and exemption is an important part of
the law. He said more and more studies have come to light
showing a correlation between how soon a young person begins
to consume alcohol and having problems with alcohol abuse
later in life. He said that they don't have the staff to
have oversight of this either.
They allow underage people to operate cash registers and allow
them to handle bills with alcohol on them, but they have had
problems where the restaurants are cafeteria style including
picking up an alcoholic beverage and then paying at the cash
register. That is different because that is where the sale is
being made.
CHAIRMAN STEVENS said this bill wasn't going to move, but they
would work on a committee substitute or a bill that would address
the issues in sections 4 and 5.
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