STAND. COM. REP. 316
Honolulu, Hawaii
, 2003
RE: H.B. No. 1198
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Sir:
Your Committee on Labor and Public Employment, to which was referred H.B. No. 1198 entitled:
"A BILL FOR AN ACT RELATING TO CHILD LABOR,"
begs leave to report as follows:
The purpose of this bill is to protect children.
Specifically, this bill:
(1) Prohibits minors from working in the adult entertainment industry;
(2) Modifies the work hour restrictions of minors to:
(A) Accommodate recent changes in school breaks under year-round school schedules; and
(B) Mirror Federal Fair Labor Standards Act regulations;
(3) Clarifies exceptions to work hour restrictions placed on minors; and
(4) Provides for misdemeanor criminal penalties to be assessed on any person who knowingly violates the child labor law (chapter 390, Hawaii Revised Statutes).
The Department of Labor and Industrial Relations (DLIR) testified in support of the intent of this measure.
The Hawaii Child Labor Law was enacted in 1921 with the intent to protect minors in the workplace. However, abuses of work hours and employment of youth in hazardous occupations, including the adult entertainment industry, continue to occur. This has resulted in increased drug and alcohol abuse, violent behavior, and incomplete education for children. This measure will strike a balance between employment, education, and exploitation concerns relating to minors in the workplace.
Your Committee notes that DLIR had some concerns regarding the definition of "adult entertainment" and the director's rulemaking ability. Accordingly, this measure has been amended by:
(1) Restricting the definition of "adult entertainment" to specific activities;
(2) Broadening the rulemaking authority of the Director of DLIR to enforce the Child Labor Law; and
(3) Making technical, nonsubstantive amendments for purposes of clarity, conformity, and style.
As affirmed by the record of votes of the members of your Committee on Labor and Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1198, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1198,
H.D. 1, and be referred to the Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Labor and Public Employment,
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____________________________ MARCUS R. OSHIRO, Chair |