Bill Text: IA SF167 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act relating to youth employment and making penalties applicable.(See SF 542.)

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-03-06 - Committee report approving bill, renumbered as SF 542. S.J. 508. [SF167 Detail]

Download: Iowa-2023-SF167-Introduced.html
Senate File 167 - Introduced SENATE FILE 167 BY SCHULTZ A BILL FOR An Act relating to youth employment and making penalties 1 applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1838XS (3) 90 je/rn
S.F. 167 Section 1. Section 92.3, Code 2023, is amended to read as 1 follows: 2 92.3 Under fourteen —— work activities not permitted 3 occupations . 4 No person under fourteen years of age shall be employed 5 or permitted to work with or without compensation in any 6 occupation, except in the street occupations or migratory 7 labor occupations specified in section 92.1 work activity . 8 Any migratory laborer twelve to fourteen years of age may not 9 work prior to or during the regular school hours of any day of 10 any private or public school which teaches general education 11 subjects and which is available to such child. 12 Sec. 2. Section 92.4, Code 2023, is amended to read as 13 follows: 14 92.4 Under sixteen —— permitted occupations work activities . 15 No person under sixteen years of age shall be employed 16 or permitted to work with or without compensation in any 17 occupation work activity during regular school hours, except 18 the following work activities : 19 1. Those persons legally out of school, if such status 20 is verified by the submission of written proof to the labor 21 commissioner. 22 2. Those persons working in a supervised school-work 23 program. 24 3. Those persons between the ages of fourteen and sixteen 25 enrolled in school on a part-time basis and who are required to 26 work as a part of their school training. 27 4. Fourteen- and fifteen-year-old migrant laborers during 28 any hours when summer school is in session. 29 Sec. 3. Section 92.5, Code 2023, is amended to read as 30 follows: 31 92.5 Fourteen and fifteen —— permitted occupations work 32 activities . 33 Persons fourteen and fifteen years of age may be employed or 34 permitted to work in the following occupations work activities : 35 -1- LSB 1838XS (3) 90 je/rn 1/ 17
S.F. 167 1. Retail, food service, and gasoline service 1 establishments. 2 2. Office and clerical work, including operation of office 3 machines. 4 3. Cashiering, selling, modeling, art work, work in 5 advertising departments, window trimming, and comparative 6 shopping. 7 4. Price marking and tagging by hand or by machine, 8 assembling orders, packing, and shelving. 9 5. Bagging and carrying out customers’ orders. 10 6. Errand and delivery work by foot, bicycle, and public 11 transportation. 12 7. Cleanup work, including the use of vacuum cleaners and 13 floor waxers, and maintenance of grounds. 14 8. Kitchen work and other work involved in preparing and 15 serving food and beverages, including the cleaning using 16 kitchen cleaning products with required personal protective 17 equipment, operation of machines and devices used in the 18 performance of such work, including but not limited to 19 microwaves, dishwashers, toasters, dumb-waiters, popcorn 20 poppers, milk shake blenders, and coffee grinders. 21 9. a. Work in connection with motor vehicles and trucks if 22 confined to the following: 23 (1) Dispensing gasoline and oil. 24 (2) Courtesy service. 25 (3) Car cleaning, washing, and polishing. 26 b. Nothing in this subsection shall be construed to include 27 work involving the use of pits, racks, or lifting apparatus or 28 involving the inflation of any tire mounted on a rim equipped 29 with a removable retaining ring. 30 10. Cleaning vegetables and fruits, and wrapping, sealing, 31 labeling, weighing, pricing, and stocking goods when performed 32 in areas physically separate from areas where meat is prepared, 33 for sale and outside including work in freezers or and meat 34 coolers. 35 -2- LSB 1838XS (3) 90 je/rn 2/ 17
S.F. 167 11. Loading onto motor vehicles and unloading from motor 1 vehicles of the light, non-power-driven hand tools and personal 2 protective equipment that the minor will use as part of their 3 employment at the work site. Such light tools include but are 4 not limited to rakes, hand-held clippers, shovels, and brooms. 5 Such light tools do not include items such as trash, sales 6 kits, promotion items or items for sale, lawn mowers, or other 7 power-driven lawn maintenance equipment. 8 12. Laundering. 9 13. Work in the production of seed, limited to removal of 10 off-type plants and corn tassels and hand-pollinating from June 11 1 through Labor Day. 12 14. Other work approved by the rules adopted pursuant to 13 chapter 17A by the labor commissioner. 14 Sec. 4. Section 92.6, Code 2023, is amended to read as 15 follows: 16 92.6 Fourteen and fifteen —— occupations work activities not 17 permitted. 18 1. Persons fourteen and fifteen years of age may not be 19 employed in: 20 a. Any manufacturing occupation work activity . 21 b. Any mining occupation work activity . 22 c. Processing occupations work activities , except in a 23 retail, food service, or gasoline service establishment in 24 those specific occupations work activities expressly permitted 25 under the provisions of section 92.5 . 26 d. Occupations Work activities requiring the performance 27 of any duties in workrooms or work places where goods are 28 manufactured, mined, or otherwise processed, except to the 29 extent expressly permitted in retail, food service, or gasoline 30 service establishments under the provisions of section 92.5 . 31 e. Public messenger service. 32 f. Operation or tending of hoisting apparatus or of any 33 power-driven machinery, other than office machines and machines 34 in retail, food service, and gasoline service establishments 35 -3- LSB 1838XS (3) 90 je/rn 3/ 17
S.F. 167 which are specified in section 92.5 as machines which that such 1 minors may operate in such establishments. 2 g. Occupations Work activities prohibited by rules adopted 3 pursuant to chapter 17A by the labor commissioner. 4 h. Occupations Work activities in connection with the 5 following, except office or sales work in connection with these 6 occupations work activities , not performed on transportation 7 media or at the actual construction site: 8 (1) Transportation of persons or property by rail, highway, 9 air, on water, pipeline, or other means. 10 (2) Warehousing and storage. 11 (3) Communications and public utilities. 12 (4) Construction, including repair. 13 i. Any of the following occupations work activities in a 14 retail, food service, or gasoline service establishment: 15 (1) Work performed in or about boiler or engine rooms. 16 (2) Work in connection with maintenance or repair of the 17 establishment, machines, or equipment. 18 (3) Outside window washing that involves working from 19 window sills, and all work requiring the use of ladders, 20 scaffolds, or their substitutes. 21 (4) Cooking except at soda fountains, lunch counters, snack 22 bars, or cafeteria serving counters, and baking. 23 (5) Occupations which Work activities that involve 24 operating, setting up, adjusting, cleaning, oiling, or 25 repairing power-driven food slicers and grinders, food choppers 26 and cutters, and bakery-type mixers. 27 (6) Work in freezers and meat coolers and all work in 28 preparation of meats for sale, except wrapping, sealing, 29 labeling, weighing, pricing, and stocking when performed in 30 other areas. 31 (7) (6) Loading and unloading goods to and from trucks, 32 railroad cars, or conveyors , except as permitted by section 33 92.5, subsection 11 . 34 (8) (7) All occupations work activities in warehouses 35 -4- LSB 1838XS (3) 90 je/rn 4/ 17
S.F. 167 except office and clerical work. 1 j. Laundering, except for the use of a washing machine 2 which has a capacity of less than ten cubic feet and which is 3 designed to reach an internal temperature which does not exceed 4 212 degrees Fahrenheit. 5 2. Nothing in this section shall be construed as prohibiting 6 office, errand, or packaging work when done away from moving 7 machinery. 8 Sec. 5. NEW SECTION . 92.6A Fifteen —— permitted work 9 activities. 10 1. Persons fifteen years of age may be employed or permitted 11 to work in any of the work activities provided in section 92.5 12 in addition to the following work activities: 13 a. Loading and unloading non-power-driven equipment weighing 14 up to thirty pounds into motor vehicles. 15 b. Loading and unloading groceries and other retail items 16 weighing up to thirty pounds into motor vehicles. 17 c. Stocking shelves with items weighing up to thirty pounds. 18 d. If properly licensed, work as a lifeguard or swim 19 instructor at a traditional swimming pool or amusement park. 20 2. The commissioner may issue a waiver of any weight 21 limitations provided in subsection 1 of up to fifty pounds 22 depending on the strength and ability of the fifteen-year-old. 23 3. The commissioner may issue a waiver for a 24 fifteen-year-old to be able to load and unload light 25 power-driven lawn machines based on the ability of the minor if 26 the minor is supervised, the machine is powered off, and the 27 safety key is stored away from the machine. 28 4. The commissioner may issue a waiver for a 29 fifteen-year-old to perform light assembly work as long 30 as the assembly is not performed on machines or in an area with 31 machines. 32 Sec. 6. NEW SECTION . 92.6B Fifteen —— work activities not 33 permitted. 34 1. Persons fifteen years of age may not be employed in: 35 -5- LSB 1838XS (3) 90 je/rn 5/ 17
S.F. 167 a. Any manufacturing work activity. 1 b. Any mining work activity. 2 c. Processing work activities, except in a retail, food 3 service, or gasoline service establishment in those specific 4 work activities expressly permitted under the provisions of 5 section 92.5. 6 d. Work activities requiring the performance of any duties 7 in workrooms or work places where goods are manufactured, 8 mined, or otherwise processed, except to the extent expressly 9 permitted in retail, food service, or gasoline service 10 establishments under the provisions of section 92.5. 11 e. Public messenger service. 12 f. Operation or tending of hoisting apparatus or of any 13 power-driven machinery, other than office machines and machines 14 in retail, food service, and gasoline service establishments 15 which are specified in section 92.5 as machines that such 16 minors may operate in such establishments. 17 g. Work activities prohibited by rules adopted pursuant to 18 chapter 17A by the labor commissioner. 19 h. Work activities in connection with the following, 20 except office or sales work in connection with these work 21 activities, not performed on transportation media or at the 22 actual construction site: 23 (1) Transportation of persons or property by rail, highway, 24 air, on water, pipeline, or other means. 25 (2) Warehousing and storage. 26 (3) Communications and public utilities. 27 (4) Construction, including repair. 28 i. Any of the following work activities in a retail, food 29 service, or gasoline service establishment: 30 (1) Work performed in or about boiler or engine rooms. 31 (2) Work in connection with maintenance or repair of the 32 establishment, machines, or equipment. 33 (3) Outside window washing that involves working from 34 window sills, and all work requiring the use of ladders, 35 -6- LSB 1838XS (3) 90 je/rn 6/ 17
S.F. 167 scaffolds, or their substitutes. 1 (4) Cooking except at soda fountains, lunch counters, snack 2 bars, or cafeteria serving counters, and baking. 3 (5) Work activities that involve operating, setting 4 up, adjusting, cleaning, oiling, or repairing power-driven 5 food slicers and grinders, food choppers and cutters, and 6 bakery-type mixers. 7 (6) Loading and unloading goods to and from trucks, railroad 8 cars, or conveyors, except as permitted by section 92.5, 9 subsection 11, and section 92.6A. 10 (7) All work activities in warehouses except office and 11 clerical work. 12 2. Nothing in this section shall be construed as prohibiting 13 office, errand, or packaging work when done away from moving 14 machinery. 15 Sec. 7. Section 92.7, Code 2023, is amended to read as 16 follows: 17 92.7 Under sixteen —— hours permitted. 18 A person under sixteen years of age shall not be employed 19 with or without compensation, except as provided in sections 20 92.2 92.5 and 92.3 92.6A , before the hour of 7:00 a.m. or after 21 7:00 9:00 p.m., except during the period from June 1 through 22 Labor Day when the hours may be extended to 9:00 11:00 p.m. 23 If such person is employed for a period of five hours or more 24 each day, an intermission of not less than thirty minutes shall 25 be given. Such a person shall not be employed for more than 26 eight hours in one day, exclusive of intermission, and shall 27 not be employed for more than forty hours in one week. The 28 hours of work of persons under sixteen years of age employed 29 outside school hours shall not exceed four six in one day or 30 twenty-eight in one week while school is in session. 31 Sec. 8. NEW SECTION . 92.7A Seventeen —— hours permitted. 32 A person who is seventeen years of age may work the same 33 hours as a person who is eighteen years of age. 34 Sec. 9. Section 92.8, Code 2023, is amended to read as 35 -7- LSB 1838XS (3) 90 je/rn 7/ 17
S.F. 167 follows: 1 92.8 Under eighteen —— prohibited occupations work 2 activities . 3 No person under eighteen years of age shall be employed 4 or permitted to work with or without compensation at any 5 of the following occupations work activities or business 6 establishments: 7 1. Occupations Work activities in or about plants or 8 establishments manufacturing or storing explosives or articles 9 containing explosive components , except performing light 10 assembly work as long as the assembly is not performed on 11 machines or in an area with machines . 12 2. Occupations of motor vehicle driver and helper. 13 3. 2. Logging occupations Logging and occupations in 14 the operation of any sawmill, lath mill, shingle mill, or 15 cooperage-stock mill. 16 4. 3. Occupations involved in the operation Operation of 17 power-driven woodworking machines. 18 5. 4. Occupations Work activities involving exposure to 19 radioactive substances and to ionizing radiations. 20 6. 5. Occupations involved in the operation Operation of 21 elevators and other power-driven hoisting apparatus. 22 7. 6. Occupations involved in the operation Operation of 23 power-driven metal forming, punching, and shearing machines. 24 8. 7. Occupations in connection with Coal mining. 25 9. 8. Occupations Work activities in or about slaughtering 26 and meat packing establishments and rendering plants , provided 27 that work activities in office, shipping, and assembly areas 28 shall not be prohibited by this chapter . 29 10. 9. Occupations involved in the operation Operation 30 of certain power-driven bakery machines. Except as otherwise 31 provided in this subsection , this subsection does not apply to 32 the operation of pizza dough rollers that are a type of dough 33 sheeter that have been constructed with safeguards contained in 34 the basic design so as to prevent fingers, hands, or clothing 35 -8- LSB 1838XS (3) 90 je/rn 8/ 17
S.F. 167 from being caught in the in-running point of the rollers, 1 that have gears that are completely enclosed, and that have 2 microswitches that disengage the machinery if the backs or 3 sides of the rollers are removed, only when all the safeguards 4 detailed in this subsection are present on the machinery, are 5 operational, and have not been overridden. However, this 6 subsection does apply to the setting up, adjusting, repairing, 7 oiling, or cleaning of pizza dough rollers as described in this 8 subsection . 9 11. 10. Occupations involved in the operation Operation of 10 certain power-driven paper products machines , except bailers if 11 the machine is powered off and the key is stored in a separate 12 area from the machine . 13 12. 11. Occupations involved in the manufacture 14 Manufacturing of brick, tile, and related products. 15 13. 12. Occupations involved in the operation Operation of 16 circular saws, band saws, and guillotine shears. 17 14. 13. Occupations involved in wrecking Wrecking , 18 demolition, and shipbreaking operations. 19 15. 14. Occupations involved in roofing Roofing 20 operations. 21 16. 15. Excavation occupations . 22 17. 16. In Work activities in or about foundries; provided 23 that office, shipping, and assembly area employment shall not 24 be prohibited by this chapter . 25 18. 17. Occupations involving the operation Operation of 26 dry cleaning or dyeing machinery. 27 19. 18. Occupations Work activities involving exposure to 28 lead fumes or its compounds, or to dangerous or poisonous dyes 29 or chemicals. 30 20. 19. Occupations involving the transmission 31 Transmission , distribution, or delivery of goods or messages 32 between the hours of 10:00 p.m. and 5:00 a.m. 33 21. 20. Occupations Work activities prohibited by rules 34 adopted pursuant to chapter 17A by the labor commissioner. 35 -9- LSB 1838XS (3) 90 je/rn 9/ 17
S.F. 167 Sec. 10. NEW SECTION . 92.8A Approved career and technical 1 education, work-based learning, internships, registered 2 apprenticeship programs, and student learners. 3 1. The director of the department of workforce development 4 or department of education may grant an exception from any 5 provision of section 92.6, 92.6B, or 92.7 for minors fourteen 6 to seventeen years of age participating in work-based learning 7 or a school or employer-administered, work-related program 8 approved by the department of workforce development or the 9 department of education if all of the following apply: 10 a. The requestor demonstrates the activity will be performed 11 under adequate supervision and training. 12 b. The training includes adequate safety precautions. 13 c. The terms and conditions of the proposed employment will 14 not interfere with the health, well-being, or schooling of the 15 minor enrolled in the approved program. 16 2. Section 92.8 shall not apply to a student in an approved 17 work-based learning program, registered apprenticeship, career 18 and technical education program, or student learner program 19 provided the student is employed under all of the following 20 conditions: 21 a. The student is employed in a craft recognized as an 22 apprenticeable trade or the student is employed under a written 23 employment agreement. 24 b. The work of the apprentice or student employee in the 25 work activities declared particularly hazardous is incidental 26 to the apprentice’s training. 27 c. The work is intermittent and for short periods of time 28 and is under the direct and close supervision of a qualified 29 and experienced person. 30 d. Adequate on-the-job training and safety instructions are 31 in place. 32 Sec. 11. Section 92.17, subsections 2 and 4, Code 2023, are 33 amended by striking the subsections. 34 Sec. 12. Section 92.17, subsection 3, Code 2023, is amended 35 -10- LSB 1838XS (3) 90 je/rn 10/ 17
S.F. 167 to read as follows: 1 3. A child from working in any occupation work activity or 2 business operated by the child’s parents. For the purposes 3 of this subsection , “child” and “parents” include a foster 4 child and the child’s foster parents who are licensed by the 5 department of health and human services. 6 Sec. 13. Section 92.19, subsections 2 and 3, Code 2023, are 7 amended by striking the subsections. 8 Sec. 14. Section 92.20, subsection 1, Code 2023, is amended 9 by striking the subsection. 10 Sec. 15. Section 92.21, subsection 1, Code 2023, is amended 11 to read as follows: 12 1. The labor commissioner may adopt rules pursuant to 13 chapter 17A to more specifically define the occupations work 14 activities and equipment permitted or prohibited in this 15 chapter , to determine occupations for which work permits are 16 required, and to issue general and special orders prohibiting 17 or allowing the employment of persons under eighteen years 18 of age in any place of employment defined in this chapter as 19 hazardous to the health, safety, and welfare of the persons. 20 Sec. 16. Section 92.22, subsection 1, Code 2023, is amended 21 to read as follows: 22 1. The labor commissioner shall enforce this chapter . 23 An employer who violates this chapter or the rules adopted 24 pursuant to this chapter is subject to a civil penalty of 25 not more than ten thousand dollars for each violation. The 26 commissioner may waive or reduce a civil penalty based on 27 evidence the commissioner may obtain. The commissioner shall 28 provide a fifteen-day grace period before imposing a civil 29 penalty. 30 Sec. 17. Section 92.23, Code 2023, is amended to read as 31 follows: 32 92.23 Group insurance. 33 Anyone under the age of eighteen and subject to this chapter 34 employed in the street occupations who sells or delivers work 35 -11- LSB 1838XS (3) 90 je/rn 11/ 17
S.F. 167 activities of selling or delivering the product or service 1 of another and who is designated in such capacity as an 2 independent contractor shall be provided participation, if the 3 person under the age of eighteen desires it at group rate cost, 4 in group insurance for medical, hospital, nursing, and doctor 5 expenses incurred as a result of injuries sustained arising out 6 of and in the course of selling or delivering such product or 7 service by the person, firm, or corporation whose product or 8 service is so delivered. 9 Sec. 18. NEW SECTION . 92.24 Employer liability in 10 work-based learning. 11 1. For purposes of this section, unless the context 12 otherwise requires: 13 a. “Business” means any city, county, or township, including 14 but not limited to a fire department or law enforcement 15 office or department, public university, municipal university, 16 community college, technical college or not-for-profit 17 private postsecondary educational institution, corporation, 18 association, partnership, proprietorship, limited liability 19 company, limited partnership, limited liability partnership, 20 organization or other legal entity, whether for-profit or 21 not-for-profit, that does all of the following: 22 (1) Enters into an agreement with a school district for a 23 work-based learning program. 24 (2) Directly supervises a student who is participating in 25 the work-based learning program, either on the premises of the 26 business or at another location. 27 b. “Work-based learning program” means a learning program to 28 which all of the following apply: 29 (1) The program includes but is not limited to work-related, 30 on-the-job training, job shadowing, internships, clinicals, 31 practicums, registered apprenticeships, co-ops, supervised 32 agricultural experiences, and industry-led service-learning 33 projects. 34 (2) The program is incorporated into secondary coursework 35 -12- LSB 1838XS (3) 90 je/rn 12/ 17
S.F. 167 or related to a specific field of study. 1 (3) The program integrates knowledge and theory learned 2 in the classroom or other school-approved setting with 3 the practical application and development of skills and 4 proficiencies in a professional work setting. 5 2. A business that accepts a secondary student in a 6 work-based learning program shall not be subject to civil 7 liability for any claim arising from the student’s negligent 8 act or omission during the student’s participation in the 9 work-based learning program at the business or worksite. 10 3. A business that accepts a secondary student in a 11 work-based learning program shall not be subject to civil 12 liability for any claim for bodily injury to the student or 13 sickness or death by accident of the student arising from 14 the student’s driving to or from the business or worksite to 15 participate in the work-based learning program. 16 4. A business that accepts a secondary student in a 17 work-based learning program shall not be subject to civil 18 liability for any claim for bodily injury to the student or 19 sickness or death by accident of the student arising from the 20 business’s negligent act or omission during the student’s 21 participation in the work-based learning program at the 22 business or worksite. 23 5. This section shall not be construed to provide immunity 24 for a student or business for civil liability arising from 25 gross negligence or willful misconduct. 26 Sec. 19. Section 123.49, subsection 2, paragraph f, Code 27 2023, is amended to read as follows: 28 f. Employ a person under eighteen years of age in the 29 sale or serving of alcoholic beverages for consumption on 30 the premises where sold. This paragraph shall not apply if 31 the employer has on file written permission from the parent, 32 guardian, or legal custodian of a person sixteen or seventeen 33 years of age for the person to sell or serve alcoholic 34 beverages for consumption on the premises where sold. The 35 -13- LSB 1838XS (3) 90 je/rn 13/ 17
S.F. 167 employer shall keep a copy of the written permission on file 1 until the person is either eighteen years of age or no longer 2 engaged in the sale of or serving alcoholic beverages for 3 consumption on the premises where sold. 4 Sec. 20. Section 321.194, subsection 2, paragraph a, Code 5 2023, is amended by adding the following new subparagraph: 6 NEW SUBPARAGRAPH . (04) If the licensee is employed, the 7 licensee may operate a motor vehicle during the hours of 5:00 8 a.m. to 10:00 p.m. over the most direct and accessible route 9 between the licensee’s residence or school of enrollment and 10 the licensee’s place of employment, provided the driving 11 distance between the licensee’s place of employment and the 12 nearest point on the route on which the licensee is authorized 13 to travel under subparagraph (1), subparagraph division (a), or 14 subparagraph (2), subparagraph division (a), is no more than 15 fifty miles. 16 Sec. 21. Section 321.194, subsection 2, paragraph a, 17 subparagraph (4), Code 2023, is amended to read as follows: 18 (4) To a service station for the purpose of refueling, so 19 long as the service station is the station closest to the route 20 on which the licensee is traveling under subparagraph (1), (2), 21 or (3) , or (04) . 22 Sec. 22. Section 321.194, subsection 3, paragraphs a and b, 23 Code 2023, are amended to read as follows: 24 a. Each application shall be accompanied by a statement 25 from the applicant’s school of enrollment or employer . The 26 statement shall be upon a form provided by the department and 27 shall certify that a need exists for the license and that the 28 person signing the statement is not responsible for actions of 29 the applicant which pertain to the use of the driver’s license. 30 (1) If the applicant attends a public school, the 31 certification shall be made by the school board, superintendent 32 of the applicant’s school, or principal, if authorized by the 33 superintendent. 34 (2) If the applicant attends an accredited nonpublic 35 -14- LSB 1838XS (3) 90 je/rn 14/ 17
S.F. 167 school, the certification shall be made by the authorities in 1 charge of the accredited nonpublic school or a duly authorized 2 representative of the authorities. 3 (3) If the applicant is employed, the certification shall 4 be in the form of an affidavit for minor license signed by the 5 employer and the student. 6 b. Upon receipt of a statement of necessity or signed 7 affidavit , the department shall issue the driver’s license 8 provided the applicant is otherwise eligible for issuance of 9 the license. The fact that the applicant resides at a distance 10 less than one mile from the applicant’s school of enrollment 11 is prima facie evidence of the nonexistence of necessity for 12 the issuance of a license. However, the distance between the 13 applicant’s residence and school of enrollment shall not be 14 considered if the applicant resides on a farm or is employed 15 for compensation on a farm . 16 Sec. 23. REPEAL. Sections 92.1, 92.2, 92.9, 92.10, 92.11, 17 92.12, 92.13, 92.14, 92.15, 92.16, and 92.18, Code 2023, are 18 repealed. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to youth employment. 23 CHILD LABOR. The bill includes various amendments to 24 Code chapter 92, relating to child labor. The bill strikes 25 provisions providing for child labor permits and migrant 26 child labor permits. The bill strikes provisions allowing 27 certain children under 14 years of age to engage in street 28 occupations. The bill modifies permitted and prohibited 29 work that can be performed by minors 14 to 17 years of age, 30 as well as hours in which work can be performed. The bill 31 strikes penalties for certain actions taken in violation 32 of Code chapter 92 to procure employment for oneself or 33 of another person; other penalties for violations of Code 34 chapter 92 are retained. Under current law, a violation 35 -15- LSB 1838XS (3) 90 je/rn 15/ 17
S.F. 167 of Code chapter 92 is generally a serious misdemeanor. A 1 serious misdemeanor is punishable by confinement for no more 2 than one year and a fine of at least $430 but not more than 3 $2,560. The bill allows the labor commissioner to waive or 4 reduce a civil penalty under Code chapter 92 based on evidence 5 the commissioner may obtain and requires the commissioner to 6 provide a 15-day grace period before imposing a civil penalty. 7 Under current law, an employer violating Code chapter 92 is 8 subject to a civil penalty of up to $10,000. The bill changes 9 terminology referring to “occupations” to instead refer to 10 “work activities”. 11 The bill allows the director of the department of workforce 12 development or department of education to grant an exception 13 from specified provisions of Code chapter 92 relating to 14 prohibited work activities and work hours for minors 14 to 17 15 years of age participating in work-based learning or a school 16 or employer-administered, work-related program approved by 17 the department of workforce development or the department of 18 education if specified conditions apply. The bill provides 19 that specified prohibitions on work activities are inapplicable 20 to a student in an approved work-based learning program, 21 registered apprenticeship, career and technical education 22 program, or student learner program provided the student is 23 employed under specified conditions. 24 The bill provides that a business that accepts a secondary 25 student in a work-based learning program shall not be subject 26 to civil liability for specified claims relating to the 27 student’s work in the program. This provision shall not be 28 construed to provide immunity for a student or business for 29 civil liability arising from gross negligence or willful 30 misconduct. 31 ALCOHOLIC BEVERAGES. The bill allows a person 16 to 17 32 years of age to be employed in the sale or serving of alcoholic 33 beverages for on-premises consumption under Code section 123.49 34 if the employer has on file written permission from the parent, 35 -16- LSB 1838XS (3) 90 je/rn 16/ 17
S.F. 167 guardian, or legal custodian of the person. The employer shall 1 keep a copy of the written permission on file until the person 2 is either 18 years of age or no longer engaged in the sale of 3 or serving alcoholic beverages. 4 A violation of Code section 123.49 is a simple misdemeanor. 5 A simple misdemeanor is punishable by confinement for no more 6 than 30 days and a fine of at least $105 but not more than $855. 7 MOTOR VEHICLE OPERATION. The bill provides that a person 8 holding a special minor’s license under Code section 321.194 9 who is employed may operate a motor vehicle during the hours 10 of 5:00 a.m. to 10:00 p.m. over the most direct and accessible 11 route between the licensee’s residence or school of enrollment 12 and the licensee’s place of employment, provided the driving 13 distance between the licensee’s place of employment and 14 the nearest point on the route on which the licensee is 15 authorized to operate a motor vehicle for purposes of school 16 transportation under current law is no more than 50 miles. 17 The person’s application for a special minor’s license must 18 include an affidavit for minor license signed by the employer 19 and the person, using a form provided by the department. Other 20 requirements to obtain a special minor’s license under current 21 law are applicable to such a person. 22 Under current law, the fact that an applicant for a special 23 minor’s license resides at a distance less than one mile from 24 the applicant’s school of enrollment is prima facie evidence of 25 the nonexistence of necessity for the issuance of the license. 26 The bill strikes this provision. The bill provides that 27 the distance between an applicant’s residence and school of 28 enrollment shall not be considered if the applicant is employed 29 for compensation. 30 A violation of Code section 321.194 is punishable by a 31 scheduled fine of $70. 32 -17- LSB 1838XS (3) 90 je/rn 17/ 17
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