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SCR 99

RATIFYING A PROPOSED AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES GIVING THE CONGRESS OF THE UNITED STATES POWER TO LIMIT, REGULATE, AND PROHIBIT THE LABOR OF PERSONS UNDER EIGHTEEN YEARS OF AGE.

2025 Regular Session Introduced by Stanley Chang and 2 co-sponsors

SCR 99 would ratify the 1924 Child Labor Amendment, giving Congress power to limit, regulate, and prohibit under-18 labor across the U.S. if three-quarters of states ratify.

Referred to EIG/LBT, JDC.
#childlaboramendment #ratification #unitedstatesconstitution
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Bill Summary · SCR 99

Summary — SCR 99: Ratification of the Child Labor Amendment (House Joint Resolution 184, 1924)

Status: Concurrent resolution introduced July 9, 2025; referred to EIG/LBT and JDC (Economic, Infrastructure & Labor/Business, Labor & Technology; Judiciary Committees). Sponsors: Rhoads, Gabbard, Chang.

Purpose and intent

SCR 99 would formally ratify the long‑outstanding federal constitutional proposal known as the “Child Labor Amendment” (House Joint Resolution 184, approved by Congress June 2, 1924). The amendment would give the U.S. Congress explicit constitutional authority to limit, regulate, and prohibit the labor of persons under 18 years of age. The measure seeks to place the State of Hawaii on record in favor of adding that amendment to the U.S. Constitution.

Text of the proposed federal amendment (as proposed in 1924)

  • Section 1: "The Congress shall have power to limit, regulate, and prohibit the labor of persons under eighteen years of age."
  • Section 2: "The power of the several States is unimpaired by this article except that the operation of State laws shall be suspended to the extent necessary to give effect to legislation enacted by the Congress."

Key provisions of SCR 99

  • Declares the Hawaii Legislature’s ratification of House Joint Resolution 184 (the Child Labor Amendment).
  • Directs transmission of certified copies of the concurrent resolution to the Archivist of the United States, the U.S. Senate Majority Leader, Hawaii’s congressional delegation, and the State Director of Labor and Industrial Relations.

Background and rationale

  • The resolution cites early 20th‑century efforts to regulate child labor, relevant Supreme Court rulings (Hammer v. Dagenhart, Bailey v. Drexel Furniture Co.) that invalidated federal laws under then prevailing constitutional doctrines, and the subsequent congressional proposal of a constitutional amendment in 1924.
  • Although the Fair Labor Standards Act of 1938 now provides federal child labor rules, proponents argue a constitutional amendment would remove any doubt about Congress’s power to legislate on child labor and "put Hawaii on the right side of history."

Who would be affected

  • Direct effect: none immediate — ratification by a single state does not change current law. Practical effects would arise only if enough states (three‑quarters) ratify the amendment and it becomes part of the U.S. Constitution.
  • If ratified nationally, Congress would have explicit authority to enact uniform federal limits on employment of persons under 18, potentially preempting or suspending conflicting state laws. Impacts would include employers, minors/workers under 18, state labor regulators, and enforcement bodies.

Procedural/timeline points

  • The 1924 proposal has no ratification deadline; it remains pending before the states. At the time of the 1920s campaign, 28 states ratified (short of the required 36); other states rejected it or took no action. Ten additional state ratifications are currently required to reach three‑quarters.
  • If Hawaii adopts SCR 99, certified copies are sent to the federal Archivist and congressional leadership as part of the formal ratification process for constitutional amendments. Only upon achieving the three‑quarters threshold would the amendment become effective and empower Congress to act under its terms.

Compiled from official sources — confirm details with the bill’s official record.

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