HB 674

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HOUSE OF REPRESENTATIVES	H.B. NO.	674
TWENTY-FIRST LEGISLATURE, 2001
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO CHILD LABOR.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. It is the purpose of chapter 390, Hawaii Revised Statutes, Child Labor Law, to establish standards in the employment of minors relating to their safety, health, education, and welfare. To this end, this bill seeks to provide protections against and sanctions for the exploitation and injury of Hawaii's youth while employed during their formative years.

SECTION 2. Chapter 390, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§390- Youth peddling; door-to-door sales. (a) No minor under sixteen years of age may be employed in youth peddling or door-to-door sales.

(b) A minor who has attained the age of sixteen years but not eighteen years may be employed in youth peddling or door-to-door sales; provided that:

(1) The minor is not required to attend school or the minor has been excused by school authorities from attending school;

(2) The minor shall not work before 7:00 a.m. or after 7:00 p.m. on any day;

(3) The employer applies for and maintains a registration certificate issued by the department."

SECTION 3. Section 390-2, Hawaii Revised Statutes, is amended to read as follows:

"§390-2 Employment of minors under eighteen years of age. (a) No minor under eighteen years of age shall be employed or permitted to work in, about, or in connection with any gainful occupation at any time except as otherwise provided in this section. In no event, however, shall the minor be permitted to be employed or permitted to work in, about, or in connection with adult entertainment or any gainful occupation prohibited by law or which has been declared by rule [or regulation] of the director to be hazardous for the minor.

(b) A minor who has attained the age of sixteen years but not eighteen years may be employed during periods when the minor is not legally required to attend school or when the minor is excused by school authorities from attending school; provided that the employer of the minor records and keeps on file the number of a valid certificate of age issued to the minor by the department.

(1) During periods when the minor is not legally required to attend school or when the minor is excused by school authorities from attending school; [and]

(2) If the employer of the minor procures and keeps on file a valid certificate of employment; [and]

(3) No more than five hours continuously without an interval of at least thirty consecutive minutes for a rest or lunch period; [and]

(4) [No more than six consecutive days nor more than forty hours in any one week, nor more than eight hours in any one day, nor before 7:00 a.m. nor after 7:00 p.m. of any day; provided that from June 1 through the day before Labor Day of each year the minor may be employed between 6:00 a.m. and 9:00 p.m. The combined hours of work and hours in school of the minor employed outside school hours shall not exceed ten in a day.] Between 7:00 a.m. and 7:00 p.m. of any day; provided that during any authorized school break, the minor may be employed between 6:00 a.m. and 9:00 p.m.;

(5) No more than six consecutive days;

(6) No more than eighteen hours in a school week, and no more than forty hours in a non-school week; and

(7) No more than three hours on any school day, and no more than eight hours on any non-school day.

(d) A minor under fourteen years of age may be employed or permitted to work in theatrical employment or in harvesting of coffee under circumstances and conditions prescribed by the director by [regulation;] rule; provided that:

(1) The work is performed during periods when the minor is not legally required to attend school or when the minor is excused by school authorities from attending school;

(2) With respect to employment in harvesting of coffee, the director has determined after a public hearing that sufficient adult labor to perform the work is unavailable; and

(3) The employer of the minor procures and keeps on file a valid certificate of employment."

SECTION 4. Section 390-5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§390-5[]] Exceptions. This chapter shall not apply to any minor employed[:] during periods when the minor is not legally required to attend school or when the minor is excused by school authorities from attending school, in an occupation which has not been declared by rule of the director to be hazardous, and if the employment is:

(1) By the minor's parent or legal guardian [during periods when the minor is not legally required to attend school or when the minor is excused by school authorities from attending school in an occupation which has not been declared by rule or regulation of the director to be hazardous]; or

(2) In performance of work in connection with the sale or distribution of newspapers; or

(3) In domestic service in or about the private home of the employer; or

(4) As a golf caddy; or

(5) By any religious, charitable, or nonprofit organization in exempt employment as prescribed by the director by rule [or regulation]."

SECTION 5. Section 390-7, Hawaii Revised Statutes, is amended to read as follows:

"[[]§390-7[]] Penalty[.]; criminal. Any person who [wilfully] knowingly violates any provision of this chapter shall be [fined not more than $1,000 or imprisoned not more than one year, or both.] guilty of a misdemeanor."

SECTION 6. Statutory material to be repealed is bracketed. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________