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