Legislature(2001 - 2002)

03/26/2001 03:25 PM House L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                         March 26, 2001                                                                                         
                           3:25 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Andrew Halcro, Vice Chair                                                                                        
Representative Kevin Meyer                                                                                                      
Representative Pete Kott                                                                                                        
Representative Norman Rokeberg                                                                                                  
Representative Harry Crawford                                                                                                   
Representative Joe Hayes                                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Lisa Murkowski, Chair                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
HOUSE BILL NO. 128                                                                                                              
"An Act relating to employment of certain minors in                                                                             
agriculture."                                                                                                                   
                                                                                                                                
     - HEARD AND HELD; ASSIGNED TO SUBCOMMITTEE                                                                                 
                                                                                                                                
HOUSE BILL NO. 67                                                                                                               
"An Act requiring proof of motor vehicle insurance in order to                                                                  
register a motor vehicle; and relating to motor vehicle                                                                         
liability insurance for taxicabs."                                                                                              
                                                                                                                                
     - BILL HEARING POSTPONED                                                                                                   
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                              
BILL: HB 128                                                                                                                  
SHORT TITLE:EMPLOYMENT OF MINORS IN AGRICULTURE                                                                                 
SPONSOR(S): REPRESENTATIVE(S)OGAN                                                                                               
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/14/01     0317       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/14/01     0317       (H)        L&C                                                                                          
02/14/01     0317       (H)        REFERRED TO LABOR & COMMERCE                                                                 
03/26/01                (H)        L&C AT 3:15 PM CAPITOL 17                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                              
REPRESENTATIVE SCOTT OGAN                                                                                                       
Alaska State Legislature                                                                                                        
Capitol Building, Room 108                                                                                                      
Juneau, Alaska 99801                                                                                                            
POSITION  STATEMENT: Introduced  the bill  as the  sponsor of  HB
128.                                                                                                                            
                                                                                                                                
RICHARD MASTRIANO, Director                                                                                                     
Division of Labor Standards and Safety                                                                                          
Department of Labor and Workforce Development (DLWD)                                                                            
3301 Eagle Street                                                                                                               
Anchorage, Alaska  99503                                                                                                        
POSITION STATEMENT:  Testified for  the division in opposition to                                                               
HB 128.                                                                                                                         
                                                                                                                                
LARRY DeVILBISS, Carrot Farmer;                                                                                                 
State Board Member, Alaska Farm Bureau                                                                                          
HC04-9302                                                                                                                       
Palmer, Alaska  99645                                                                                                           
POSITION STATEMENT:  Testified on HB 128.                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 01-40, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
VICE  CHAIR ANDREW  HALCRO called  the House  Labor and  Commerce                                                               
Standing Committee meeting  to order at 3:25 p.m.   Those present                                                               
at  the  call to  order  included  Representatives Halcro,  Kott,                                                               
Rokeberg, and  Hayes; Representatives Meyer and  Crawford arrived                                                               
as the meeting was in progress.                                                                                                 
                                                                                                                                
HB 128-EMPLOYMENT OF MINORS IN AGRICULTURE                                                                                    
                                                                                                                                
VICE CHAIR HALCRO  announced that the committee  would hear HOUSE                                                               
BILL NO.  128, "An Act  relating to employment of  certain minors                                                               
in agriculture."                                                                                                                
                                                                                                                                
Number 0053                                                                                                                     
                                                                                                                                
REPRESENTATIVE SCOTT  OGAN, Alaska State Legislature,  sponsor of                                                               
HB 128,  stated that he introduced  the bill because he  lives in                                                               
an agricultural  district in Palmer  and is surrounded  by farms;                                                               
farms require  a great  deal of  labor, he said.   One  of [these                                                               
farms], owned by Larry DeVilbiss,  grows carrots.  He stated that                                                               
the Department of  Labor and Workforce Development  (DLWD) has to                                                               
sign  a work  permit for  a  person who  is between  the ages  of                                                               
fourteen and seventeen who wishes to work  on a farm.  There is a                                                               
generation of kids  that don't have a work  ethic, he emphasized,                                                               
and many get in trouble.                                                                                                        
                                                                                                                                
REPRESENTATIVE OGAN remarked that the labor laws are well-                                                                      
meaning  and  there  are  some   appropriate  reasons  for  them;                                                               
however, in the  long run, [these laws] have  actually harmed our                                                               
young people  by not teaching them  a good work ethic.   Plus, he                                                               
said,  [farmers]  are  dependent  on inexpensive  labor  that  is                                                               
undesired by  adults.  He  recounted that many farmers  have told                                                               
him that  they have had people  quit working on the  farm because                                                               
they  can make  more money  on the  [Alaska Temporary  Assistance                                                               
Program (ATAP)].                                                                                                                
                                                                                                                                
REPRESENTATIVE  OGAN asked  the committee  to seriously  consider                                                               
passing the  bill out of  committee, thereby doing  something for                                                               
Alaskan kids  but also doing  something to help an  industry that                                                               
isn't  viable in  this state.   He  commented that  farming is  a                                                               
viable industry but it has gotten  a bad reputation in past years                                                               
because all  of the big  projects that  the state tried  to jump-                                                               
start failed.  There are some  tenacious people out there who are                                                               
making a living  at this, and they work extremely  hard, he said.                                                               
If Alaska  ever gets  into a national  security situation  in the                                                               
Pacific Rim and  shipping is cut off from the  Lower 48, [Alaska]                                                               
is going  to have some  real problems  and Alaskans will  be glad                                                               
that there are some people with [stockpiles of vegetables].                                                                     
                                                                                                                                
Number 0399                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HAYES asked  what information  is available  that                                                               
indicates that  this is a problem.   In looking through  the bill                                                               
information,  he   said,  he  isn't  seeing   anything  regarding                                                               
problems that the  farms are having with the time  between when a                                                               
person submits a  work permit and when the  commissioner of labor                                                               
signs off on  that permit.  He referred to  the sponsor statement                                                               
where it says that a  local [Matanuska-Susitna] Valley farmer had                                                               
informed Representative  Ogan of  this, but  other than  that, he                                                               
remarked, the information to justify the bill [is absent].                                                                      
                                                                                                                                
REPRESENTATIVE OGAN responded that  the committee's packet should                                                               
have included  a list from  the Farmers Association of  things it                                                               
would  like to  see accomplished.   He  deferred the  question to                                                               
Larry DeVilbiss, carrot farmer.                                                                                                 
                                                                                                                                
REPRESENTATIVE KOTT  asked Representative  Ogan if  he envisioned                                                               
children over  fourteen years of  age picking vegetables  or also                                                               
operating machinery.                                                                                                            
                                                                                                                                
Number 0568                                                                                                                     
                                                                                                                                
REPRESENTATIVE  OGAN replied  that it  would depend  on the  kid;                                                               
however,  he  wouldn't  want  young kids  that  weren't  his  own                                                               
working on  dangerous machinery because  of the possibility  of a                                                               
liability suit if  an injury occurred.  There is  a lot of "hand"                                                               
work  that needs  to be  done; for  example, Mr.  DeVilbiss grows                                                               
organic carrots,  which are  picked by hand  and then  sorted and                                                               
washed.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  KOTT  stated  that  there is  a  [limitation]  in                                                               
statute that a combination of  school and work hours can't exceed                                                               
nine  hours a  day.   And he  pointed out  that there  is also  a                                                               
prohibition  in  AS  23.10.350 that  precludes  employment  of  a                                                               
person  under eighteen  in  an occupation  dangerous  to life  or                                                               
limb.   He said  driving a  tractor or  working around  a combine                                                               
would fall into that category,  so [kids] would be precluded from                                                               
doing those jobs.                                                                                                               
                                                                                                                                
Number 0714                                                                                                                     
                                                                                                                                
VICE CHAIR  HALCRO stated that  Representative Ogan had  made the                                                               
comment about kids growing up without  a work ethic.  He referred                                                               
to an  article he came across  last night, which he  provided for                                                               
the  committee,  showing  that  minors in  the  workplace  are  a                                                               
growing problem in  most of the states.   Currently, an estimated                                                               
5.5 million  students between  the ages  of twelve  and seventeen                                                               
work, which represents about two-thirds  of the high school kids,                                                               
compared to less  than 5 percent, 50  years ago.  Due  to the low                                                               
unemployment  rate,  employers  are  going  out  trying  to  hire                                                               
younger  kids.   It  appears  that this  bill  gives a  "blanket"                                                               
approval for  any minor at  least fourteen  years of age  who can                                                               
get  written permission  from his  or her  parents to  work on  a                                                               
farm.  He expressed approval  if the minor is picking vegetables;                                                               
however, if  [these minors] will  be working  around [machinery],                                                               
it is  cause for alarm.   He asked  Representative Ogan if  he is                                                               
aware of  what is required when  an employer fills out  the [work                                                               
permit].                                                                                                                        
                                                                                                                                
Number 0820                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGAN deferred  the question to Mr.  DeVilbiss.  He                                                               
added that  the timeliness of the  DLWD is an obvious  problem or                                                               
else the Farmers Association wouldn't have asked for it.                                                                        
                                                                                                                                
Number 0840                                                                                                                     
                                                                                                                                
VICE CHAIR HALCRO  mentioned that this brings up  a larger issue:                                                               
the  training wage  and  the effectiveness  with  which the  DLWD                                                               
handles the requests from various employers.                                                                                    
                                                                                                                                
REPRESENTATIVE  ROKEBERG  pointed  out   that  the  committee  is                                                               
looking at youth employment, the  training wage, and the problems                                                               
revolving around the departments.  He  said he has been told that                                                               
the  use  of  a  conveyor  belt would  be  restricted  under  the                                                               
Occupational  Safety and  Health Administration  (OSHA) or  other                                                               
standards,  which,   he  said,   he  finds   very  disconcerting.                                                               
Philosophically,  he   supports  the  bill;  however,   he  asked                                                               
Representative  Ogan if  it is  his  intention that  there be  no                                                               
hourly restrictions  and so forth.   He said  he is unsure  as to                                                               
how this all fits into the whole statutory scheme.                                                                              
                                                                                                                                
REPRESENTATIVE  OGAN explained  that [the  bill] would  allow the                                                               
parent to  give permission for the  kid to work on  a farm, which                                                               
he said should be good enough.  The state isn't the parents.                                                                    
                                                                                                                                
REPRESENTATIVE  ROKEBERG   stated  that  if  [a   kid]  is  under                                                               
seventeen years  of age, he  or she could  only work 30  hours [a                                                               
week].  He asked if this is  in the same statute, because this is                                                               
not in the Wage and Hour Act.                                                                                                   
                                                                                                                                
REPRESENTATIVE  OGAN pointed  out  that this  doesn't change  any                                                               
laws; he said  there are adequate protections in place.   All the                                                               
[legislation does] is  this:  instead of the  commissioner or the                                                               
department  playing  the  parent,  the  parents  are  making  the                                                               
judgment call.                                                                                                                  
                                                                                                                                
VICE CHAIR HALCRO pointed out that  the formality is put in place                                                               
to make sure that rules are followed and kids are protected.                                                                    
                                                                                                                                
REPRESENTATIVE OGAN  agreed but  said he  would also  assume that                                                               
this doesn't  exclude people from  following the law  or limiting                                                               
liability if they don't.                                                                                                        
                                                                                                                                
Number 1000                                                                                                                     
                                                                                                                                
REPRESENTATIVE KOTT  said this doesn't  do anything to  upset the                                                               
remaining  portion  of  Title  23 that  deals  with  children  in                                                               
employment.  He  said his concern is that if,  for example, there                                                               
was a new OSHA requirement, how  would the parent know that he or                                                               
she wasn't in violation of that OSHA regulation or rule?                                                                        
                                                                                                                                
REPRESENTATIVE OGAN asked:   How does a  bureaucrat that approves                                                               
the  permit know  whether [infractions  to OSHA  regulations] are                                                               
there unless they go out and  inspect [work sites]?  He expressed                                                               
confidence  that  [the division]  could  go  around and  do  this                                                               
anyway  to make  sure that  workers are  safe; it  doesn't change                                                               
anything.                                                                                                                       
                                                                                                                                
Number 1074                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HAYES  asked who  would  be  liable if  something                                                               
happened to the  child; he said it sounds as  if [the legislature                                                               
is] taking away  the state's responsibility and  putting the onus                                                               
on the parent.   So if the child was  working with machinery, for                                                               
example, would the state be liable if something happened?                                                                       
                                                                                                                                
REPRESENTATIVE OGAN said logic tells  him that the employer would                                                               
be  liable   because  the  business  has   to  maintain  workers'                                                               
compensation for workers.                                                                                                       
                                                                                                                                
Number 1153                                                                                                                     
                                                                                                                                
RICHARD  MASTRIANO, Director,  Division  of  Labor Standards  and                                                               
Safety,  Department of  Labor and  Workforce Development  (DLWD),                                                               
via teleconference, stated  that he, too, lives  in the Matanuska                                                               
Valley   and  said   Mr.  DeVilbiss   is  his   borough  assembly                                                               
representative; he is familiar with  the farming situation out in                                                               
the valley; however, he is  charged with the enforcement of child                                                               
labor  laws.   And one  of the  tools that  the division  uses to                                                               
enforce those laws is the work permit.                                                                                          
                                                                                                                                
MR. MASTRIANO went  on to answer some of the  questions raised by                                                               
committee members.   The work permit  is the vehicle to  find out                                                               
what  the  employer  is  going  to have  the  child  doing:  what                                                               
equipment the  child will be working  with; what the rate  of pay                                                               
will be; and  when payday is.   Another part of the  permit is an                                                               
authorization  that the  parent signs  after reviewing  the upper                                                               
half of the work permit to see what  the kid will be doing.  [The                                                               
parents] fill it  out, and it becomes  the parent's authorization                                                               
to  the commissioner  or the  department  to allow  the child  to                                                               
work.    Then the  permit  is  submitted  to the  department  for                                                               
review.   It  is reviewed  for hazardous  orders and  whether the                                                               
individual, in his or her age  group, can perform the work listed                                                               
on the permit.                                                                                                                  
                                                                                                                                
Number 1266                                                                                                                     
                                                                                                                                
MR. MASTRIANO  gave an example.   There are a number  of kids who                                                               
have driver's  licenses and drive back  and forth to school.   He                                                               
said [kids] work  to help finance cars, insurance,  and so forth.                                                               
One of the  things prohibited in state and federal  law is minors                                                               
under eighteen  years of age  driving a  tractor that is  over 20                                                               
horsepower.  Most of the tractors  that he sees in the fields are                                                               
usually over 20 horsepower, so a  kid wouldn't be able to drive a                                                               
tractor  unless that  child was  the child  of the  owner of  the                                                               
farm.   If  parents were  just going  to be  authorized to  allow                                                               
their kids  to work for  a farm, they  might not know  about that                                                               
particular hazard.   Agriculture is one of the  most grueling and                                                               
hazardous  occupations  in  the   United  States,  he  said,  and                                                               
Alaska's  laws are  more stringent  than those  in other  states.                                                               
[Alaska] requires  a work permit  for children from  age fourteen                                                               
until the  seventeenth birthday.   Once the  seventeenth birthday                                                               
is reached, the child only needs proof  of age to show that he or                                                               
she is  over sixteen.   At  that point, he  said, it  becomes the                                                               
responsibility of  the department to  go out and ensure  that the                                                               
child isn't doing something that is a health hazard.                                                                            
                                                                                                                                
Number 1368                                                                                                                     
                                                                                                                                
MR. MASTRIANO  explained that  the work  permit also  allows [the                                                               
division]  to review  other potential  hazardous  such as  toxins                                                               
used in  farm work, and  gives [the division] the  opportunity to                                                               
warn  a  farmer of  potential  muscular  or skeletal  repetitive-                                                               
motion injuries.                                                                                                                
                                                                                                                                
Number 1425                                                                                                                     
                                                                                                                                
MR. MASTRIANO  stated that  [the division]  is generally  able to                                                               
turn a faxed work permit around in  a matter of hours if proof of                                                               
the  individual's  age  is  submitted   along  with  the  permit.                                                               
However,  one of  the  things that  employers like  to  fax is  a                                                               
driver's permit, but since it has  a hologram on it, it blurs out                                                               
the birth  date unless the  lightest setting is used  when copies                                                               
are  made.   He said  many  employers think  that [the  division]                                                               
wants  to be  able to  see what  the minor  looks like,  but that                                                               
really  isn't the  concern.   When the  division sends  [the work                                                               
permit] back saying that it  is illegible, [an employer] will try                                                               
to  get  the  picture  to  come out  right  without  reading  the                                                               
statement that says it is the birth date that is needed.                                                                        
                                                                                                                                
MR.  MASTRIANO  said  a  number   of  [employers]  fax  in  birth                                                               
certificates  and [the  division] is  able to  turn those  around                                                               
almost  immediately.   If the  work  permit comes  to the  office                                                               
overnight or past  4 p.m., it may not be  returned until the next                                                               
day.  He added that [the  division] has three offices that review                                                               
and  sign work  permits; and  across the  state, the  job service                                                               
offices fax work permits [to the  division].  People can go there                                                               
to have one sent if they don't have a fax machine.                                                                              
                                                                                                                                
MR. MASTRIANO explained that it  is important that [the employer]                                                               
give  [the division]  the fax  number or  address where  the work                                                               
permit  can be  sent.   He stated  that [the  division] tries  to                                                               
accommodate  the employer.   Allowing  parents to  authorize work                                                               
without the  department's review  could place  kids in  a harmful                                                               
situation  without  the  knowledge  of the  parent  or  even  the                                                               
employer, because the  employers don't know all  of the hazardous                                                               
orders.   As long as  there are hazardous orders,  [the division]                                                               
is required to enforce them, he explained.                                                                                      
                                                                                                                                
Number 1554                                                                                                                     
                                                                                                                                
VICE CHAIR  HALCRO pointed out that  one of the reasons  for this                                                               
legislation is  the concern that  "by the time the  request works                                                               
its way  through the  maze of beuracracy,  the harvest  season is                                                               
over."  He  sought verification that Mr. Mastriano  had said that                                                               
[the  work permits]  are normally  turned around  in a  couple of                                                               
hours unless there is a problem.                                                                                                
                                                                                                                                
MR.  MASTRIANO  replied affirmatively.    In  the summertime,  he                                                               
said, because the  fax machine is so popular, it  may take longer                                                               
than an  hour because on  some days [the division]  processes 200                                                               
to 300  work permits.   The fax machine  can't keep up;  there is                                                               
one person  assigned to handle  nothing but work permits  and get                                                               
them to an investigator to review.                                                                                              
                                                                                                                                
Number 1602                                                                                                                     
                                                                                                                                
VICE CHAIR  HALCRO asked:  If the situation  occurs in  which the                                                               
fax doesn't come  in clearly or information needs  to be followed                                                               
up on, what  is the average timeframe for a  response of approval                                                               
or denial?                                                                                                                      
                                                                                                                                
MR. MASTRIANO said  it depends on what [the  division is] looking                                                               
for; ordinarily, a  form will be faxed back  telling the employer                                                               
what is needed for approval.   This generally goes back about the                                                               
same time  that the work  permit would,  but, again, is  based on                                                               
how busy the telephone is at the time.                                                                                          
                                                                                                                                
VICE CHAIR  HALCRO asked if  there has  ever been a  situation in                                                               
which [the  division] denied a  permit because a minor  was going                                                               
to be working around harmful chemicals or unsafe machinery.                                                                     
                                                                                                                                
Number 1681                                                                                                                     
                                                                                                                                
MR.  MASTRIANO replied  that there  have been  several occasions,                                                               
none  that  he  could  recall  in  the  farm  industry  regarding                                                               
chemicals, but situations  in which kids were going to  work on a                                                               
potato  digger,  which  is  equipment  considered  hazardous  for                                                               
anyone  under the  age of  eighteen.   [The division]  has denied                                                               
several work permits to have kids  doing other types of work such                                                               
as   slicing  food,   or  working   with   bakery  machinery   or                                                               
construction equipment  not authorized  for minors to  be around.                                                               
He said [the division] has also  had parents come in and withdraw                                                               
their  authorization  for their  child  to  work, and  those  are                                                               
handled in the same expeditious manner.                                                                                         
                                                                                                                                
REPRESENTATIVE KOTT  asked:   If a child  works under  the direct                                                               
supervision of a  parent in a business owned and  operated by the                                                               
parent, is he or she exempt from that permitting process?                                                                       
                                                                                                                                
MR.  MASTRIANO replied  that [the  parents] are  exempt from  the                                                               
child labor  law altogether.   What  the parent  is told  is that                                                               
[the division] hopes  that the child isn't going to  be placed in                                                               
a situation that is going to  cause injury or harm.  He explained                                                               
that one of the  caveats for that is that [the  child] must be in                                                               
the direct supervision of the  parent; the parent can't leave the                                                               
child in someone else's supervision.                                                                                            
                                                                                                                                
Number 1759                                                                                                                     
                                                                                                                                
REPRESENTATIVE KOTT referred to Section  2, paragraph (2), of the                                                               
bill, "The  minor performs the  work in the physical  presence of                                                               
one of the minors parents or  legal guardians".  He asked whether                                                               
[Alaska]  has   any  provisions  that  would   afford  that  same                                                               
opportunity if custody of that minor  has been set by court order                                                               
to another person who is granted legal custody of that minor.                                                                   
                                                                                                                                
MR.  MASTRIANO  responded that  the  work  permit says  that  the                                                               
parent or  legal guardian must  authorize the  work.  If  a child                                                               
comes in to  [the division office] and says that  he or she isn't                                                               
getting  along  with his  or  her  parents,  and is  living  with                                                               
someone  else -  unless the  guardian is  court-appointed -  [the                                                               
division] won't issue a work permit.                                                                                            
                                                                                                                                
REPRESENTATIVE KOTT  asked if Section  2, paragraph (2),  is even                                                               
necessary.                                                                                                                      
                                                                                                                                
Number 1848                                                                                                                     
                                                                                                                                
MR.  MASTRIANO stated  that  if the  work  permit requirement  is                                                               
eliminated,  then  it is  necessary  in  agriculture because  the                                                               
parent is  authorizing [the child]  to work.  For  paragraph (2),                                                               
no written  authorization would need  to be given to  the farmer;                                                               
just the  presence of  the parent  would be  enough to  allow the                                                               
child to work with the parent.                                                                                                  
                                                                                                                                
VICE  CHAIR HALCRO  pointed out  that the  provision in  law that                                                               
says it has  to be a legal guardian makes  sense because if there                                                               
was  a minor  who disconnected  from his  or her  family and  was                                                               
living with  someone else, and  the minor was injured  or killed,                                                               
certainly  the parents  could bring  suit against  the state  for                                                               
allowing the minor to do that.                                                                                                  
                                                                                                                                
MR.  MASTRIANO went  on to  another point.   He  said one  of the                                                               
questions   asked  was   regarding  ages   of  minors   and  work                                                               
requirements.  He explained that  fourteen- and fifteen-year olds                                                               
do have  an hour  requirement.   When school  is not  in session,                                                               
they are allowed  to work up to  40 hours a week, no  more than 8                                                               
hours a day, and cannot start before  5 a.m. or work after 9 p.m.                                                               
When  school  is in  session,  the  requirement is  stricter  and                                                               
becomes 7 a.m.  to 7 p.m., no  more than 18 hours a  week, and no                                                               
more  than  9  hours  a  day combining  school  and  work.    For                                                               
fourteen- and fifteen-year-olds,  [the division] really restricts                                                               
hours,  but  for  sixteen-   and  seventeen-year-olds,  the  only                                                               
restriction is that they cannot work more than six days a week.                                                                 
                                                                                                                                
Number 1963                                                                                                                     
                                                                                                                                
MR. MASTRIANO  said [the division]  has had a number  of requests                                                               
from  schools  to try  to  change  that,  but  at this  point  it                                                               
remains.    People  under  the  age  of  eighteen  are  the  only                                                               
employees currently in the state that  are required to have a 30-                                                               
minute break if required to work six consecutive hours.                                                                         
                                                                                                                                
REPRESENTATIVE  KOTT asked  Mr. Mastriano  to direct  him to  the                                                               
section that deals with the hours  that a minor under sixteen can                                                               
work.                                                                                                                           
                                                                                                                                
MR. MASTRIANO  stated that he  didn't have this  information with                                                               
him, but  said it is  in the child  labor section; he  offered to                                                               
get it for the committee.  He  added that the hours are listed on                                                               
the front page of the work permit so there is no [confusion].                                                                   
                                                                                                                                
Number 2011                                                                                                                     
                                                                                                                                
VICE CHAIR HALCRO  asked Mr. Mastriano if  the department opposes                                                               
HB 128.                                                                                                                         
                                                                                                                                
MR. MASTRIANO  replied affirmatively.   He  said there  are other                                                               
ways to help  the farmers if they are having  difficulty with the                                                               
work permit  process, and  he said  he would  be willing  to work                                                               
with them  to eliminate  [the problems].   When asked  what [that                                                               
assistance might]  be, he replied that  he has offered to  go out                                                               
to the [Matanuska-Susitna] Valley,  particularly at harvest time,                                                               
and  be available  for the  farmers hiring  help.   He understood                                                               
that when [a farmer] needs help, it is needed right away.                                                                       
                                                                                                                                
MR. MASTRIANO  explained that the  same thing was  encountered in                                                               
the fish  processing [industry], where  a number of  sixteen- and                                                               
seventeen-year-olds  are  hired.   [The  division]  makes  itself                                                               
available;  the employer  goes out  and  hires the  kids that  it                                                               
thinks  it's  going  to  need   for  fish  processing;  and  [the                                                               
division] signs the work permits,  reviews the work, and goes out                                                               
to each of the processing plants  and walks the slime line to see                                                               
where these  individuals will be  employed before  starting work.                                                               
This affords the  opportunity to point out  anything hazardous to                                                               
the employer,  and the employer  then has the work  permits ready                                                               
so when the time comes, the kids can be called to work.                                                                         
                                                                                                                                
Number 2061                                                                                                                     
                                                                                                                                
MR. MASTRIANO pointed  out that [the division] offered  to do the                                                               
same thing for the farmers.   [The division] will go out and make                                                               
itself available in the valley prior  to harvest time and get all                                                               
the  workers hired;  when it's  time to  harvest, [the  employer]                                                               
will be  ready to go.   He expressed a  concern that if a  lot of                                                               
these kids  are going to be  used for harvest help,  and won't be                                                               
full-time  employees,  they  may   not  be  covered  by  workers'                                                               
compensation   [insurance].     Workers'   compensation  has   an                                                               
exemption for harvest  and part-time help, he said,  so there may                                                               
be a  liability there for  the farmer that he  or she may  not be                                                               
aware of.                                                                                                                       
                                                                                                                                
VICE CHAIR  HALCRO asked  what percentage  of these  work permits                                                               
take longer than a couple of hours to process.                                                                                  
                                                                                                                                
MR. MASTRIANO replied  that this includes very few.   This is the                                                               
first time  he has  ever had  a complaint  about the  work permit                                                               
turnaround  [time], although  he has  had a  complaint about  the                                                               
fact that [the  division] requires proof of age.   [The division]                                                               
has  made every  accommodation possible,  he said,  and has  even                                                               
gone so far as  to go out to the Alaska State  Fair and sit there                                                               
for two days  before the fair opens to ensure  that any child who                                                               
wants to work  at the fairgrounds is afforded  the opportunity to                                                               
come in and get a work permit.                                                                                                  
                                                                                                                                
Number 2178                                                                                                                     
                                                                                                                                
LARRY DeVILBISS,  Carrot Farmer; State Board  Member, Alaska Farm                                                               
Bureau;   via   teleconference,   thanked   the   committee   and                                                               
Representative Ogan  for considering this legislation.   Up until                                                               
last summer  he was  operating in  ignorance about  a lot  of the                                                               
state  laws, he  said;  there are  probably not  a  lot of  other                                                               
farmers testifying  because they  were shocked  to find  out what                                                               
the law  was.  By  the time the  education process is  over, more                                                               
will be  coming forward; however,  at this point they  are afraid                                                               
to incriminate themselves.  He said  when he called the DLWD last                                                               
summer  and  was  told  about  the  work  permit  conditions  and                                                               
restrictions, he  said he didn't  have any problems;  however, he                                                               
had difficulty  with the forms.   [His farm] is about  five miles                                                               
from the  end of an  optic line, so  the fax machine  [output] is                                                               
dirty, and every  time he tried to  fax a permit, he'd  get a fax                                                               
back  from  [the division]  saying  that  it couldn't  be  signed                                                               
because it was  illegible.  He was informed that  he'd have to go                                                               
to Anchorage or to an office in Wasilla.                                                                                        
                                                                                                                                
Number 2331                                                                                                                     
                                                                                                                                
MR. DeVILBISS  exclaimed that he  frankly threw his hands  in the                                                               
air  and decided  it wasn't  going  to work  because he  couldn't                                                               
drive to  Anchorage everytime he  had a  kid who wanted  to work.                                                               
And a lot  of times, he said, he isn't  looking for workers; it's                                                               
the parents  coming to him wanting  their kids to start  to learn                                                               
how to work.  He stated that all  "we" are asking for is a waiver                                                               
on requiring the commissioner's signature  because a lot of these                                                               
situations  come  up  with  short  notice,  oftentimes  racing  a                                                               
rainstorm when trying to put in  hay, and a person isn't going to                                                               
be messing with paperwork then.                                                                                                 
                                                                                                                                
MR. DeVILBISS said "we're" willing  to take the forms, sign them,                                                               
get the  proper signatures from  the parents, and conform  to all                                                               
of the  restrictions.  He  mentioned that  all of the  other farm                                                               
states use the  federal exemption, which isn't even  noted on the                                                               
back of  the work permit or  applied in Alaska.   This completely                                                               
waives  the  hazardous  restriction  for  kids  ages  sixteen  to                                                               
eighteen working  in agriculture.   At this  time, he  said, "we"                                                               
only want to be  able to have the work permits  on file, the same                                                               
for as payroll information and so forth.                                                                                        
                                                                                                                                
Number 2395                                                                                                                     
                                                                                                                                
MR. DeVILBISS  stated that he's  had many parents get  angry when                                                               
he  has told  them that  they  had to  get a  signature from  the                                                               
commissioner of  labor before their  kids can  work for him.   He                                                               
said he  doesn't come to the  committee with a bad  attitude, but                                                               
expressed that  there is  a tough  labor situation,  which really                                                               
became  apparent  last year.    He  said  he is  growing  organic                                                               
carrots, which  require approximately  1,000 man-hours  for every                                                               
acre to  keep the  weeds out;  this doesn't  have anything  to do                                                               
with harvesting and bagging the  carrots, he expressed.  What was                                                               
typically done was  to give a section  of a field to  a family to                                                               
tend, and [the family] would get  half of the gross proceeds.  He                                                               
was  consoled to  hear  that  when kids  are  working with  their                                                               
parents in that  situation, it is all right, although  he said it                                                               
was difficult [to decipher] that from reading the state law.                                                                    
                                                                                                                                
MR. DeVILBISS said  he is forwarding the  federal regulation, and                                                               
the  state  regulations  from  a   couple  of  other  states,  to                                                               
Representative Ogan's  office; those  show how  difficult [Alaska                                                               
has] made it  for agricultural [endeavors].  What  is being asked                                                               
for  is very  minimal, he  said, and  he asked  the committee  to                                                               
consider the bill.                                                                                                              
                                                                                                                                
TAPE 01-40, SIDE B                                                                                                              
Number 2474                                                                                                                     
                                                                                                                                
VICE  CHAIR HALCRO  asked Mr.  DeVilbiss whether  he knows  every                                                               
year when his crops are going to be harvested.                                                                                  
                                                                                                                                
MR.  DeVILBISS replied  that he  knows within  certain parameters                                                               
but said  most of it is  weather-related.  When asked  whether he                                                               
knows the approximate timeframe,  he answered affirmatively.  And                                                               
when  asked about  Mr. Mastriano's  offer  to come  out and  make                                                               
himself  available,  and  whether   that  might  be  better  than                                                               
eliminating the provision altogether,  he responded that it would                                                               
certainly help.   This fall  when the carrot harvest  started, he                                                               
had no  clue how  he was  going to get  the carrots  in.   At one                                                               
point, he'd just  about decided that it  wouldn't happen, because                                                               
by then,  he knew the  kids had to  have this paperwork;  most of                                                               
them show  up unannounced,  because they've  heard word-of-mouth.                                                               
He said  if Mr.  Mastriano happened  to be  there, then  it would                                                               
work.                                                                                                                           
                                                                                                                                
Number 2385                                                                                                                     
                                                                                                                                
MR.  DeVILBISS  surmised that  his  farm  would  be open  to  Mr.                                                               
Mastriano's inspection  anyway, so  he didn't  know why  the work                                                               
permit information couldn't just be on file.                                                                                    
                                                                                                                                
REPRESENTATIVE  MEYER  asked  how  dangerous  it  is  to  harvest                                                               
carrots, and  asked how the youths  are being used in  the carrot                                                               
harvesting process.                                                                                                             
                                                                                                                                
MR. DeVILBISS  explained that almost  all of the labor  that goes                                                               
into  harvesting carrots  is in  the  weeding, which  is done  on                                                               
hands and knees; there are no  chemicals, and it is tedious work.                                                               
Part of [the  family's] agreement in taking care  of that section                                                               
of the  field is that it  gets harvested as well,  which involves                                                               
pulling the carrots out and  putting them into 1,000-pound boxes,                                                               
which are  carried into  the root  cellar.   It is  certainly not                                                               
more dangerous than  [harvesting] hay.  Most of  the parents that                                                               
come  out are  not concerned  and are  well aware  of what  their                                                               
children are  capable of.   He reiterated  that he just  wants to                                                               
hold the  paperwork and mail  it at a later  date.  He  said "we"                                                               
are also not asking to be  exempt from workers' compensation.  He                                                               
said he's  never had a  problem collecting  workers' compensation                                                               
on seasonal farm labor.                                                                                                         
                                                                                                                                
MR. DeVILBISS  expressed that he  has had  a few claims  over the                                                               
years, and there  was never a problem;  his workers' compensation                                                               
says exactly what  people are going to be doing  and the seasonal                                                               
nature of it.                                                                                                                   
                                                                                                                                
Number 2179                                                                                                                     
                                                                                                                                
REPRESENTATIVE   ROKEBERG  asked   for   verification  from   Mr.                                                               
DeVilbiss that  he doesn't use  conveyor belts or  machinery when                                                               
harvesting carrots.                                                                                                             
                                                                                                                                
MR. DeVILBISS  replied affirmatively.   He  said the  carrots are                                                               
pulled out  of the ground by  hand; once in a  while, however, if                                                               
the  ground is  hard,  he'll  drive a  lifter  through that  goes                                                               
underneath the carrot  bed and lifts the bed up.   The only thing                                                               
that moves at  any stage, he said, is when  the carrots are being                                                               
bagged.   There  is a  conveyor,  which moves  at one  revolution                                                               
every ten  minutes that moves  the carrots  along so they  can be                                                               
stuffed  into bags.    Upon  being asked  if  the processing  and                                                               
packaging is as labor-intensive  as the harvesting, Mr. DeVilbiss                                                               
replied  that it  is not  as labor-intensive  but goes  on a  lot                                                               
longer and  there are  less people involved.   During  the carrot                                                               
harvest, there  are days when  100 to  250 people are  working in                                                               
the  field; when  the  carrot bagging  is done,  a  half a  dozen                                                               
people normally do it.                                                                                                          
                                                                                                                                
Number 2081                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG commented that  the commissioner of labor                                                               
came before this committee and  indicated that there are problems                                                               
with  minors working  in agriculture  as it  relates to  conveyor                                                               
belts and  other machinery, which, Representative  Rokeberg said,                                                               
is of  great concern  to him.   He asked Mr.  DeVilbiss if  he is                                                               
familiar with the federal requirements for minors working.                                                                      
                                                                                                                                
MR.  DeVILBISS said  he  would be  sending  it to  Representative                                                               
Ogan's office.   The  most educational tool  that a  person could                                                               
have is  the work permit, which  he thought could be  obtained in                                                               
Juneau.   He explained  that on  the front side  of the  form the                                                               
parents, the employer,  and the commissioner have  to sign; there                                                               
is  also a  requirement to  sign as  well a  notice in  big black                                                               
print  up at  the top  that says  that it  must be  completed and                                                               
approved before minor children begin work.   The back of the form                                                               
lists all  of the prohibitions for  minors and has the  state and                                                               
federal laws  that apply.  He  invited Mr. Mastriano out  to view                                                               
his operation  and let him know  what kids could do,  although he                                                               
thought he was complying with [the law].                                                                                        
                                                                                                                                
Number 1991                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG  said the DLWD  has the ability  to write                                                               
any regulations  that it wants  on child activities, and  he said                                                               
he  is   concerned  about  that;   the  testimony   from  various                                                               
businesses  throughout the  state  has been  that  it has  become                                                               
almost impossible to employ underaged people.                                                                                   
                                                                                                                                
MR. DeVILBISS offered  his assistance.  Upon  being asked whether                                                               
he  uses  hazardous chemicals  on  his  organic carrot  farm,  he                                                               
responded that [his farm] went  completely organic this year, but                                                               
up  to this  time  his farm  only had  certain  fields that  were                                                               
certified  organic.   On the  organic fields,  the only  labor is                                                               
"hand" labor,  and the  same acre that  takes 1,000  man-hours to                                                               
weed in an  organic field can be weeded with  $35 of chemicals in                                                               
a non-organic field.                                                                                                            
                                                                                                                                
Number 1883                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KOTT  asked  Mr.   Mastriano  if  there  are  any                                                               
occupations in [Alaska] for which work permits are not required.                                                                
                                                                                                                                
MR. MASTRIANO replied  in the negative, unless the  parent of the                                                               
minor  owns the  business.    And when  asked  whether there  are                                                               
occupations  in which  children  under the  age  of fourteen  can                                                               
work,  he  responded that  these  children  can babysit,  deliver                                                               
newspapers, and  even be their  own employer, such as  taking his                                                               
or her  father's lawnmower and  cutting lawns; however,  it can't                                                               
be  done for  a  business.   And  when asked  what  would be  the                                                               
difference  between a  child under  the age  of fourteen  picking                                                               
carrots or working  in a cannery casing cans,  Mr. Mastriano said                                                               
minors under  the age  of sixteen  can no  longer work  in [fish]                                                               
processing plants.  Those under sixteen  can work in an office in                                                               
a processing plant if the office is away from the plant.                                                                        
                                                                                                                                
REPRESENTATIVE KOTT  stated that he  is not seeing  the amendment                                                               
that deleted this from the statute.                                                                                             
                                                                                                                                
Number 1806                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG  asked Mr. Mastriano if  that was changed                                                               
by regulation.                                                                                                                  
                                                                                                                                
MR. MASTRIANO remarked that he believed so.                                                                                     
                                                                                                                                
REPRESENTATIVE  HAYES  said  if  this  legislation  passes,  this                                                               
doesn't just  address farms  that don't use  a lot  of equipment;                                                               
this would open it up to  any farm that uses industrial equipment                                                               
or anything else.  He asked whether that is correct.                                                                            
                                                                                                                                
MR. MASTRIANO  responded affirmatively  and said it  would affect                                                               
farms all over the state.                                                                                                       
                                                                                                                                
VICE CHAIR HALCRO closed public testimony on HB 128.                                                                            
                                                                                                                                
REPRESENTATIVE ROKEBERG  said this fits  right in with  the issue                                                               
of  working minors  and the  training  wage situation.   He  said                                                               
maybe people just throw their hands  up in the air and don't even                                                               
want  to deal  with  the DLWD.    He said  probably  most of  the                                                               
farmers in  the state are  knowingly or unknowingly  breaking the                                                               
law because of  the difficulties.  He said  [the legislature] had                                                               
better look  into that.   This needs  to be expanded  beyond just                                                               
agriculture,  and   this  is  a   critical  industry   that  [the                                                               
legislature] needs to  be able to support.  [The  state] has been                                                               
so  concerned about  protecting people  that [people]  can't even                                                               
get jobs.                                                                                                                       
                                                                                                                                
Number 1685                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KOTT  stated that  he  agrees  with the  concerns                                                               
expressed  by  Representative  Rokeberg;  however,  even  if  the                                                               
permitting process  is eliminated,  the same problems  will exist                                                               
because most  of those  farmers won't  know the  parameters under                                                               
which  children  under  eighteen  can   be  hired.    Unless  the                                                               
restrictions are on the permit  itself when receiving it, most of                                                               
the farmers will  still be operating outside the  confines of the                                                               
law.                                                                                                                            
                                                                                                                                
REPRESENTATIVE  ROKEBERG emphasized  that he  would like  to know                                                               
what  the federal  law is  and how  it is  handled.   He said  he                                                               
thinks it is up  to this committee, if it can come  up with a new                                                               
format outlining  the commissioners'  responsibilities.   He said                                                               
he  thought  Mr.  DeVilbiss  was suggesting  that  the  names  be                                                               
submitted [to the division] and then  kept on record along with a                                                               
description of the  type of employment.  And if  there is a clear                                                               
need for  the DLWD to look  into it, [then that  can happen], but                                                               
just to  say no  or delay  the process,  in his  opinion, doesn't                                                               
work.                                                                                                                           
                                                                                                                                
Number 1611                                                                                                                     
                                                                                                                                
VICE CHAIR  HALCRO said  when he  first read  the bill  packet he                                                               
thought it was alarming because  there was an assertion here that                                                               
by  the  time  [the  work  permit] worked  its  way  through  the                                                               
bureaucracy the harvest season was  over; yet, the testimony from                                                               
Mr. Mastriano was that it takes  a couple of hours.  If something                                                               
is faxed  in and there is  an immediate response, or  if the only                                                               
reason one doesn't get an  immediate response is because the form                                                               
is either  incomplete or  illegible, he said  he doesn't  see why                                                               
[the  legislature]  should  eliminate   all  of  these  important                                                               
protections.   And as  Mr. Mastriano  stated, [the  division] has                                                               
denied applications in the past  where minors were working around                                                               
hazardous chemicals  or machinery.   He said  he doesn't  see the                                                               
need for it.  There was  only testimony from one person, and this                                                               
person had  problems with  a fax machine.   [If  this legislation                                                               
passes]  it   would  eliminate  all   of  the   requirements  and                                                               
conditions allowing  any minor who  is at least fourteen  and who                                                               
can get  consent from his  or her parents  to start working  on a                                                               
farm without any oversight from the DLWD.                                                                                       
                                                                                                                                
Number 1560                                                                                                                     
                                                                                                                                
VICE CHAIR HALCRO said he  agrees with less bureaucracy; however,                                                               
this  puts  some protections  in  place  to protect  those  under                                                               
eighteen  working  in  environments  that   may  or  may  not  be                                                               
hazardous.  He said he doesn't see the overwhelming need.                                                                       
                                                                                                                                
REPRESENTATIVE MEYER said he  agreed with Representative Rokeberg                                                               
and thought that  a lot of people are out  there breaking the law                                                               
who  feel as  [Mr. DeVilbiss]  does.   There  are enough  factors                                                               
working   against  farmers   without  having   to  deal   with  a                                                               
bureaucracy.                                                                                                                    
                                                                                                                                
Number 1471                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGAN  said he suspected that  Representative Meyer                                                               
was correct.   When an entire  year's income is lying  in a field                                                               
and  [the  farmer] is  required  to  fax  100 work  permits  [for                                                               
minors] to pull  carrots out of the ground, how  asinine is that,                                                               
he asked.   He  said in  one night, a  whole year's  income could                                                               
freeze in the  ground, and 100 faxes  have to be faxed  in to get                                                               
help?   Some of these people  are the biggest risk  takers in the                                                               
world, he exclaimed - they and fisherman.                                                                                       
                                                                                                                                
VICE  CHAIR  HALCRO expressed  his  understanding,  but asked  if                                                               
throwing  out the  entire set  of regulations  as it  pertains to                                                               
getting approval for  those under seventeen is the way  to do it.                                                               
Mr. DeVilbiss  had stated that  he knows every year  when harvest                                                               
season  is, he  has  ample time  to plan,  and  as Mr.  Mastriano                                                               
testified, it  takes a couple of  hours for turnaround.   And Mr.                                                               
Mastriano  has demonstrated  the ability  to go  out and  process                                                               
applications right there on-site.   However, when getting down to                                                               
the  question of  whether regulations  should  be eliminated,  he                                                               
said,  "No."   Not  everyone  has  the  same  type of  farm,  and                                                               
eliminating these  regulations will put workers  at risk, without                                                               
proper protection.  He said he  isn't sure where the headache is.                                                               
He said  if it  is being said  that 100 workers  are going  to be                                                               
needed immediately, then any business is  going to need to plan a                                                               
little more in advance.                                                                                                         
                                                                                                                                
Number 1237                                                                                                                     
                                                                                                                                
REPRESENTATIVE HAYES asked about the hiring pattern.                                                                            
                                                                                                                                
REPRESENTATIVE  OGAN  said  it  depends  on  the  situation;  the                                                               
weather  could change  very quickly,  and when  that happens,  he                                                               
bets that the  farmers are just getting on the  phone and calling                                                               
workers.  He  said he would like  to see if there is  some way to                                                               
streamline this.  For example, at  the beginning of the season [a                                                               
minor]  applies for  a permit,  there  is sign-off  on what  [the                                                               
employer] can  do with  the [minors];  everyone knows  the rules,                                                               
and  protections are  in place.   Once  that is  done, [the  farm                                                               
owner] is  subject to  inspection.   If the  parents want  to let                                                               
their  kid work,  why  should  the state  become  the parent,  he                                                               
asked.                                                                                                                          
                                                                                                                                
REPRESENTATIVE HAYES requested  verification of his understanding                                                               
that fourteen-year-olds  can't do  this work without  being under                                                               
the direct  supervision of their  parents unless the  parent owns                                                               
the business.                                                                                                                   
                                                                                                                                
Number 1114                                                                                                                     
                                                                                                                                
REPRESENTATIVE  OGAN  referred to  Section  2(c),  which read  in                                                               
part:                                                                                                                           
                                                                                                                                
     A minor  who is at least  fourteen years of age  may be                                                                    
     employed   in    agriculture   without    the   written                                                                    
     authorization of  the commissioner [under (a)]  of this                                                                    
     section if: [(1) the  employer] receive[s] consent form                                                                    
     [(A) both] the minor's  parents or guardian[s]; or from                                                                    
     paragraph  (2):   the minor  performs the  work in  the                                                                    
     physical  presence of  one of  the  minors presence  or                                                                    
     [legal guardians].                                                                                                         
                                                                                                                                
REPRESENTATIVE OGAN explained  that it is "either  or."  [Minors]                                                               
could [work] as  defined under subsection (c)  or under paragraph                                                               
(2).                                                                                                                            
                                                                                                                                
Number 1075                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KOTT said  this bill  removes the  commissioner's                                                               
responsibility to  sign off  on the work  permit, but  it doesn't                                                               
eliminate  statutory  requirements  regarding the  hours  or  the                                                               
times  that minors  can  work.   He said  if  his livelihood  was                                                               
dependant on  the time of year  that he could pick  his crops, he                                                               
would probably  "throw caution  to the  wind" on  those statutes.                                                               
He expressed that  there are probably a lot of  farmers out there                                                               
who  are  not   aware  of  the  statutory   requirements  or  the                                                               
permitting requirement.  He asked  Mr. Mastriano whether the work                                                               
permit includes a  copy of the statutes dealing with  the five or                                                               
six areas that  [the committee] has been talking about.   He also                                                               
asked  whether the  data on  the permit  is used  for statistical                                                               
analysis  to determine  how many  seasonal farm  workers [Alaska]                                                               
has.                                                                                                                            
                                                                                                                                
MR. MASTRIANO said  he knows of no statistical data  that is used                                                               
or gleaned from the process.   [The division] keeps copies of the                                                               
work  permits, and  the original  is  sent back  to the  employer                                                               
along with the proof of age  if an original birth certificate was                                                               
used.   When asked  how long  the work permits  are good  for, he                                                               
stated that  a [new work permit  is required] every time  a minor                                                               
obtains a  new job.   He said  each work permit  is job-specific,                                                               
and [the division] needs to know  that the minor isn't in a life-                                                               
threatening or hazardous situation.                                                                                             
                                                                                                                                
REPRESENTATIVE  KOTT,  referring  to  Mr.  DeVilbiss'  situation,                                                               
asked Mr. Mastriano  if he would be authorized to  go to the high                                                               
school and  recruit so  that when the  picking season  began, Mr.                                                               
DeVilbiss would just call [the minors] to work.                                                                                 
                                                                                                                                
Number 0879                                                                                                                     
                                                                                                                                
MR.  MASTRIANO  commented that  that  is  exactly what  the  fish                                                               
processors  do.   [Processors] get  a contact  number from  these                                                               
people and call them  in when they are needed.   He said they can                                                               
certainly get the work permits  on file, and [the permits] should                                                               
be in  place before  the child  starts to work.   When  asked how                                                               
long the  work permits are good  for, and whether a  farmer could                                                               
submit work permits  in May for the picking  season in September,                                                               
he  replied  affirmatively,  as  long  as  the  child  is  "your"                                                               
employee.   [The division] has  several employers that  hire kids                                                               
at fourteen with  the same work permit; the  duties don't change,                                                               
and  the  employee is  still  working  there  at age  sixteen  or                                                               
seventeen under  the same work permit.   The only thing  that may                                                               
have changed  is the rate of  pay, which can be  corrected on the                                                               
work permit.                                                                                                                    
                                                                                                                                
MR.  MASTRIANO  explained that  the  only  time the  work  permit                                                               
ceases to be any  good is if the employee quits  the job and goes                                                               
to work elsewhere.                                                                                                              
                                                                                                                                
Number 0685                                                                                                                     
                                                                                                                                
VICE  CHAIR  HALCRO asked  Mr.  Mastriano  about compliance  from                                                               
other areas of agricultural.                                                                                                    
                                                                                                                                
MR.  MASTRIANO  said  he thought  that  Representative  Ogan  was                                                               
probably  right:   there are  probably  a number  of farmers  who                                                               
don't submit work permits.  There  are a number of employers that                                                               
don't believe in  the work permit process, he said,  and the only                                                               
time  [the  division]  finds  that   out  is  by  going  out  and                                                               
investigating.   If  a  minor  is found  working  without a  work                                                               
permit, the employer is given  the appropriate paperwork in order                                                               
to get  them right  with the law.   He said  the division  has no                                                               
penalty under statute; however, if  it is a hazardous order, [the                                                               
DLWD]  turns  it  into  the United  States  Department  of  Labor                                                               
(USDOL), and [USDOL] would also do an investigation.                                                                            
                                                                                                                                
REPRESENTATIVE ROKEBERG asked Mr.  Mastriano on what grounds work                                                               
permits are denied.                                                                                                             
                                                                                                                                
MR.  MASTRIANO  clarified  that  it  could  be  either  from  [an                                                               
inspection done or from the  information on the work permit], but                                                               
most of  the time it  is from  the information that  the employer                                                               
puts  down.   For example,  [the division]  has had  a number  of                                                               
fifteen-year-olds employed in restaurants  that have a restaurant                                                               
designation.   They  can't  be employed  in  that [category],  he                                                               
explained,  under  the  Alcoholic Beverage  Control  Board  (ABC)                                                               
rules  until sixteen  years of  age.   Generally, [the  division]                                                               
stamps  "denied" on  the application  and calls  the employer  to                                                               
inform him or her of the  reason that the application was denied.                                                               
If it  is [denied]  due to [a  restriction on]  certain equipment                                                               
and the  employer can allow  the kid  to do something  else, [the                                                               
division]  will ask  the  employer to  resubmit  the work  permit                                                               
after eliminating  the hazardous  order on the  permit.   In that                                                               
case,  there is  a  box on  the permit  showing  an amended  work                                                               
permit.                                                                                                                         
                                                                                                                                
Number 0532                                                                                                                     
                                                                                                                                
MR. MASTRIANO,  upon being asked if  that is done over  the phone                                                               
or out in  the field, responded that  both are done.  If  it is a                                                               
faxed application and  can be addressed over the  phone, that can                                                               
be done; however, sometimes [the division]  will go out and do an                                                               
inspection  on-site.     Oftentimes,  the  employer   tells  [the                                                               
division] about  a piece of  equipment that [the  division] isn't                                                               
sure about, so the inspector will  go out and do an inspection to                                                               
determine whether  the piece  of equipment  is hazardous.   Since                                                               
Alaska  uses the  hazardous  order guidelines  set  forth by  the                                                               
USDOL, if  there are  any questions  [the division]  will contact                                                               
the   USDOL's  child   labor  representative   and  explain   the                                                               
equipment.                                                                                                                      
                                                                                                                                
MR. MASTRIANO, responding to a  question about the number of work                                                               
permits  issued by  the DLWD  last year,  stated that  there were                                                               
close  to 11,000.    And  he surmised  that  less  than 200  were                                                               
denied.   He reiterated that a  minor can't work in  a restaurant                                                               
with a restaurant designation until  sixteen years of age, and he                                                               
stressed  that  this  is  not   a  DLWD  regulation  but  an  ABC                                                               
regulation.                                                                                                                     
                                                                                                                                
Number 0367                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HAYES  said  the  statute states  that  only  the                                                               
commissioner of labor can sign off  on work permits.  He asked if                                                               
it could be the commissioner's designee.                                                                                        
                                                                                                                                
MR.  MASTRIANO  responded affirmatively.    He  said there  is  a                                                               
designee in the offices in Juneau, Fairbanks, and Anchorage.                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG said  he wanted to hold the  bill over to                                                               
compare Alaska's  work permits to  those in  federal regulations,                                                               
to possibly  come up  with a more  streamlined system  that might                                                               
save money.                                                                                                                     
                                                                                                                                
VICE  CHAIR  HALCRO  asked  Representative  Rokeberg  if  he  was                                                               
volunteering to chair a subcommittee.                                                                                           
                                                                                                                                
REPRESENTATIVE ROKEBERG replied affirmatively.                                                                                  
                                                                                                                                
VICE  CHAIR HALCRO  announced that  HB 128  was being  sent to  a                                                               
subcommittee chaired  by Representative Rokeberg that  would also                                                               
include Representatives Meyer and Hayes.                                                                                        
                                                                                                                                
[HB 128 was held over.]                                                                                                         
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Labor and Commerce Committee meeting was adjourned at 5:00 p.m.                                                                 
                                                                                                                                
                                                                                                                                

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