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 - Dead) 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
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1838XS
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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
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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
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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
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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
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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:
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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,
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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,
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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
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