CS FOR HOUSE BILL NO. 128(L&C)(efd add) "An Act relating to the required approval of the commissioner of labor and workforce development for the employment of certain minors; and providing for an effective date." This was the first hearing for this bill in the Senate Finance Committee. BILL CHURCH, Staff to Representative Scott Ogan, informed the Committee that the Work Permit for Minors regulations established by the Department of Labor and Workforce Development incurs a hardship for some businesses in the State such as farmers needing to hire minors on short-notice to harvest crops. He stated that this legislation introduces changes to streamline the current work permit procedure by allowing the Department to pre-approve job duties. Mr. Church explained that currently an employer must submit a signed parental consent form to the Department of Labor and Workforce Development before a minor could begin work; however, this bill would allow an employer to hire a minor who is at least 14 years of age for a pre-approved job and submit the signed parental consent work permit document to the Department within seven days after the minor begins employment. He stated this process "would satisfy the protection of minors" as well as the needs of the employers who need workers "right away." Mr. Church stated that while Representative Ogan worked with the Department to "craft" this bill, it was learned that the fishing industry and fast food restaurants also support changes to the current hiring procedures for minors. Senator Ward asked for further information about the parental consent form. Mr. Church responded that if a job has received pre-certification from the Department, the signed parental consent form could be received at the Department within seven days after the minor begins employment. He reiterated that part of the permitting process is to guarantee the safety of the minor, and the Department must review and approve the job description to ensure that the job is an acceptable one for a fourteen year old to perform. Senator Ward voiced that the bill proposes to allow a minor to begin employment at, for instance a video store, if the position had been pre-approved, and the signed parental consent form could be submitted to the Department within seven days of the employment date. Mr. Church concurred, reiterating that the job had to have been pre-approved. Senator Ward asked what the employer's "liability" would be in a situation where a minor had begun to work, but the parents refused to sign the necessary parental consent form. Mr. Church responded that there is no liability for up to seven days on the part of the employer if the minor worked in a position that had been pre-approved. He stated that if, by the end of the initial seven days, the signed parental form had not been submitted, the employer would need to terminate the minor employee. Senator Ward stated that without the parental authorization, the employer, according to State law, legally could not reimburse the minor for work performed in those initial seven days. REBECCA NANCE GAMEZ, Deputy Commissioner, Department of Labor and Workforce Development, stated that the Department has not addressed this concern and would need to verify the ramifications that the non-receipt of the parental consent form would incur. Senator Ward reiterated that an employer could not issue payment to a minor if the parental consent form were not submitted to the Department; therefore, the minor would not be paid for the time employed. He stated that in some cases, a minor might start work and quit after three days, and the parental consent form might never be submitted for the parent might never know the minor had been employed. He stated this situation would result in a liability to the employer. Mr. Church surmised that it would "seem reasonable," that since the "approval to hire" has been granted by the Department "that essentially that minor is eligible to work and to be paid," as this would be considered a "legal hire." He reminded the Committee that currently there is no pre-approval process and the signed parental consent form is required up-front before a minor is allowed to begin work. Senator Ward stated that the scenario he described is "very real" and should be addressed by the Department. Senator Austerman summarized that the goal of this legislation is to shorten the length of time it takes to employ a minor. Ms. Gamez responded that the hiring process would be quicker because the position would have received prior department approval and the parental consent period would be expanded to seven days after employment. Senator Austerman qualified that current law mandates parents or legal guardians to submit the signed permission form to the Department before the minor begins to work. Ms. Gamez concurred. She stated the proposed legislation would allow a minor to begin work before the signed parental consent form is submitted if the position has been pre-approved by the Department. Senator Austerman asked for confirmation that a minor could begin work without a signed parental consent form in place if the position had been pre-approved by the Department. Mr. Church confirmed that is correct. He stated that parental consent would remain a legal requirement in this legislation; however, the minor would be able to begin work at a pre-approved job before the form would be required to be submitted to the Department. Ms. Gamez opined that this would involve the parent/child relationship, "and presumably, the parent of a minor child would know the activities and the work history of the child." Senator Austerman voiced concern with changing the parental consent timeline because, he noted, an employer with a pre-approved job description, could hire a minor for up to seven days, without their parents knowing about it. Senator Ward, while voicing support of allowing 14-year-olds to work, noted that current Department regulations make it a "hassle" for employers to hire them. He stated his support for the intent of the bill, however, voiced concern with the parental consent form language. Senator Austerman echoed concern about the changes regarding the parental consent form. Ms. Gamez announced that the Department would determine what effect the proposed language would have on compensation due a minor who worked a few days but for whom a parental consent form was never received. She stated that the intent of the bill is to allow a more streamlined hiring procedure for minors, not to supplant parental involvement. Senator Austerman stated he could support the bill if the parental consent language remained as currently required. Mr. Church reiterated that the intent of the bill is to allow minors to get into the workforce faster, especially in such industries as farming and fishing, and not to take away parental oversight. He stated that "ideally, a minor would take the parental consent form home," and the next day have it submitted to the Department. He furthered that the seven-day language was provided as a "buffer" in the process due to some unforeseen delay in getting the form signed and submitted. Mr. Church informed the Committee that currently "some employers do not go through the work permit process because it is too cumbersome," and perhaps streamlining the process would encourage more businesses to hire minors. He speculated that "more good" would come from this bill "than any difficulties that may arrive." Senator Ward reiterated that this bill could allow a minor to be employed for an entire week before it is realized that the parents have not and would not give their written permission. Co-Chair Kelly declared this bill would be HELD in Committee until the bill's drafter clarifies the intent of the language. AT EASE 5:29 PM/ 5:32 PM