STAND. COM. REP. NO.1230

Honolulu, Hawaii

, 2003

RE: H.B. No. 1198

H.D. 2

S.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1198, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CHILD LABOR,"

begs leave to report as follows:

The purpose of this measure is to amend the child labor laws by:

(1) Prohibiting minors from working in an occupation connected in any way with the adult entertainment industry;

(2) Modifying work hour restrictions for fourteen and fifteen year old minors;

(3) Clarifying exceptions to employment of minors; and

(3) Changing the state of mind requirement for violations of child labor laws from wilfully to knowingly.

Testimony in support of this measure was received from the Department of Labor and Industrial Relations. The Office of the Public Defender had concerns over wording in the measure.

Your Committee finds that Hawaii Child Labor Laws are intended to protect minors in the workplace and ensure that they have the opportunity to complete their education. Your Committee further finds that many schools have adopted the year-round scheduling pattern making certain language in the child labor laws inapplicable to all minors. Amendments to the laws accommodate year-round school schedules.

Your Committee agrees that minors should not be employed in any capacity in a business that exposes them to the adult entertainment business. Your Committee amended the bill by excluding minors from the penalty section of the bill. Your Committee believes the legislative intent is to punish employers who violate the Child Labor Laws and not the minor for whom the laws were meant to protect.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1198, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1198, H.D. 2, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

COLLEEN HANABUSA, Chair