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Senate File 542 - ReprintedA Bill ForAn Act 1relating to youth employment, providing for a minor
2driver’s license interim study committee, and making
3penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 92.3, Code 2023, is amended to read as
2follows:
392.3 Under fourteen — work activities not permitted
4occupations.
5No person under fourteen years of age shall be employed
6or permitted to work with or without compensation in any
7occupation, except in the street occupations or migratory
8labor occupations specified in section 92.1 work activity.
9Any migratory laborer twelve to fourteen years of age may not
10work prior to or during the regular school hours of any day of
11any private or public school which teaches general education
12subjects and which is available to such child.
13 Sec. 2. Section 92.4, Code 2023, is amended to read as
14follows:
1592.4 Under sixteen — permitted occupations work activities.
16No person under sixteen years of age shall be employed
17or permitted to work with or without compensation in any
18occupation work activity during regular school hours, except
19the following work activities:
201. Those persons legally out of school, if such status
21is verified by the submission of written proof to the labor
22commissioner director.
232. Those persons working in a supervised school-work
24program.
253. Those persons between the ages of fourteen and sixteen
26enrolled in school on a part-time basis and who are required to
27work as a part of their school training.
284. Fourteen- and fifteen-year-old migrant laborers during
29any hours when summer school is in session.
30 Sec. 3. Section 92.5, Code 2023, is amended to read as
31follows:
3292.5 Fourteen and fifteen — permitted occupations work
33activities.
34Persons fourteen and fifteen years of age may be employed or
35permitted to work in the following occupations work activities:
-1- 11. Retail, food service, and gasoline service
2establishments.
32. Office and clerical work, including operation of office
4machines.
53. Cashiering, selling, modeling, art work, work in
6advertising departments, window trimming, and comparative
7shopping.
84. Price marking and tagging by hand or by machine,
9assembling orders, packing, and shelving.
105. Bagging and carrying out customers’ orders.
116. Errand and delivery work by foot, bicycle, and public
12transportation.
137. Cleanup work, including the use of vacuum cleaners and
14floor waxers, and maintenance of grounds.
158. Kitchen work and other work involved in preparing and
16serving food and beverages, including the cleaning using
17kitchen cleaning products with required personal protective
18equipment, operation of machines and devices used in the
19performance of such work, including but not limited to
20microwaves, dishwashers, toasters, dumb-waiters, popcorn
21poppers, milk shake blenders, and coffee grinders.
229. a. Work in connection with motor vehicles and trucks if
23confined to the following:
24(1) Dispensing gasoline and oil.
25(2) Courtesy service.
26(3) Car cleaning, washing, and polishing.
27b. Nothing in this subsection shall be construed to include
28work involving the use of pits, racks, or lifting apparatus or
29involving the inflation of any tire mounted on a rim equipped
30with a removable retaining ring.
3110. Cleaning vegetables and fruits, and wrapping, sealing,
32labeling, weighing, pricing, and stocking goods when performed
33in areas physically separate from areas where meat is prepared,
34for sale and outside including momentary work in freezers or
35 and meat coolers.
-2- 111. Loading onto motor vehicles and unloading from motor
2vehicles of the light, non-power-driven hand tools and personal
3protective equipment that the minor will use as part of their
4employment at the work site. Such light tools include but are
5not limited to rakes, hand-held clippers, shovels, and brooms.
6Such light tools do not include items such as trash, sales
7kits, promotion items or items for sale, lawn mowers, or other
8power-driven lawn maintenance equipment.
912. Laundering.
1013. Work in the production of seed, limited to removal of
11off-type plants and corn tassels and hand-pollinating from June
121 through Labor Day.
1314. Other work approved by the rules adopted pursuant to
14chapter 17A by the labor commissioner director.
15 Sec. 4. Section 92.6, Code 2023, is amended to read as
16follows:
1792.6 Fourteen and fifteen — occupations work activities not
18permitted.
191. Persons fourteen and fifteen years of age may not be
20employed in:
21a. Any manufacturing occupation work activity.
22b. Any mining occupation work activity.
23c. Processing occupations work activities, except in a
24retail, food service, or gasoline service establishment in
25those specific occupations work activities expressly permitted
26under the provisions of section 92.5 or 92.6A.
27d. Occupations Work activities requiring the performance
28of any duties in workrooms or work places where goods are
29manufactured, mined, or otherwise processed, except to the
30extent expressly permitted in retail, food service, or gasoline
31service establishments under the provisions of section 92.5 or
3292.6A.
33e. Public messenger service.
34f. Operation or tending of hoisting apparatus or of any
35power-driven machinery, other than office machines and machines
-3-1in retail, food service, and gasoline service establishments
2which are specified in section 92.5 as machines which that such
3minors may operate in such establishments.
4g. Occupations Work activities prohibited by rules adopted
5pursuant to chapter 17A by the labor commissioner director.
6h. Occupations Work activities in connection with the
7following, except office or sales work in connection with these
8occupations work activities, not performed on transportation
9media or at the actual construction site:
10(1) Transportation of persons or property by rail, highway,
11air, on water, pipeline, or other means.
12(2) Warehousing and storage.
13(3) Communications and public utilities.
14(4) Construction, including repair.
15i. Any of the following occupations work activities in a
16retail, food service, or gasoline service establishment:
17(1) Work performed in or about boiler or engine rooms.
18(2) Work in connection with maintenance or repair of the
19establishment, machines, or equipment.
20(3) Outside window washing that involves working from
21window sills, and all work requiring the use of ladders,
22scaffolds, or their substitutes.
23(4) Cooking except at soda fountains, lunch counters, snack
24bars, or cafeteria serving counters, and baking.
25(5) Occupations which Work activities that involve
26operating, setting up, adjusting, cleaning, oiling, or
27repairing power-driven food slicers and grinders, food choppers
28and cutters, and bakery-type mixers.
29(6) Work in freezers and meat coolers and all work in
30preparation of meats for sale, except wrapping, sealing,
31labeling, weighing, pricing, and stocking when performed in
32other areas.
33(7) (6) Loading and unloading goods to and from trucks,
34railroad cars, or conveyors, except as permitted by section
3592.5, subsection 11.
-4- 1(8) (7) All occupations work activities in warehouses
2except office and clerical work.
3j. Laundering, except for the use of a washing machine
4which has a capacity of less than ten cubic feet and which is
5designed to reach an internal temperature which does not exceed
6212 degrees Fahrenheit.
72. Nothing in this section shall be construed as prohibiting
8office, errand, or packaging work when done away from moving
9machinery.
10 Sec. 5. NEW SECTION. 92.6A Fifteen — permitted work
11activities.
121. Persons fifteen years of age may be employed or permitted
13to work in any of the work activities provided in section 92.5
14in addition to the following work activities:
15a. Loading and unloading non-power-driven equipment weighing
16up to thirty pounds into motor vehicles.
17b. Loading and unloading groceries and other retail items
18weighing up to thirty pounds into motor vehicles.
19c. Stocking shelves with items weighing up to thirty pounds.
20d. If properly licensed, work as a lifeguard or swim
21instructor at a traditional swimming pool or amusement park.
222. The director may issue a waiver of any weight limitations
23provided in subsection 1 of up to fifty pounds depending on the
24strength and ability of the fifteen-year-old.
253. The director may issue a waiver for a fifteen-year-old
26to be able to load and unload light power-driven lawn machines
27based on the ability of the minor if the minor is supervised,
28the machine is powered off, and the safety key is stored away
29from the machine.
304. The director may issue a waiver for a fifteen-year-old
31to perform light assembly work as long as the assembly is not
32performed on machines or in an area with machines.
33 Sec. 6. Section 92.7, Code 2023, is amended to read as
34follows:
3592.7 Under sixteen — hours permitted.
-5- 1A person under sixteen years of age shall not be employed
2with or without compensation, except as provided in sections
392.2 92.5 and 92.3 92.6A, before the hour of 7:00 a.m.or after
47:00 9:00 p.m., except during the period from June 1 through
5Labor Day when the hours may be extended to 9:00 11:00 p.m.
6If such person is employed for a period of five hours or more
7each day, an intermission of not less than thirty minutes shall
8be given. Such a person shall not be employed for more than
9eight hours in one day, exclusive of intermission, and shall
10not be employed for more than forty hours in one week. The
11hours of work of persons under sixteen years of age employed
12outside school hours shall not exceed four six in one day or
13twenty-eight in one week while school is in session.
14 Sec. 7. NEW SECTION. 92.7A Sixteen and seventeen — hours
15permitted.
16A person who is sixteen or seventeen years of age may work
17the same hours as a person who is eighteen years of age.
18 Sec. 8. Section 92.8, Code 2023, is amended to read as
19follows:
2092.8 Under eighteen — prohibited occupations work
21activities.
22No person under eighteen years of age shall be employed
23or permitted to work with or without compensation at any
24of the following occupations work activities or business
25establishments:
261. Occupations Work activities in or about plants or
27establishments manufacturing or storing explosives or articles
28containing explosive components, except for the following:
29a. Performing light assembly work as long as the assembly is
30not performed on machines or in an area with machines.
31b. Selling or assisting in the sale of consumer fireworks in
32accordance with section 100.19.
332. Occupations of motor vehicle driver and helper.
343. 2. Logging occupations Logging and occupations in
35 the operation of any sawmill, lath mill, shingle mill, or
-6-1cooperage-stock mill.
24. 3. Occupations involved in the operation Operation of
3power-driven woodworking machines.
45. 4. Occupations Work activities involving exposure to
5radioactive substances and to ionizing radiations.
66. 5. Occupations involved in the operation Operation of
7elevators and other power-driven hoisting apparatus.
87. 6. Occupations involved in the operation Operation of
9power-driven metal forming, punching, and shearing machines.
108. 7. Occupations in connection withmining Mining.
119. 8. Occupations Work activities in or about slaughtering
12and meat packing establishments and rendering plants.
1310. 9. Occupations involved in the operation Operation
14 of certain power-driven bakery machines. Except as otherwise
15provided in this subsection, this subsection does not apply to
16the operation of pizza dough rollers that are a type of dough
17sheeter that have been constructed with safeguards contained in
18the basic design so as to prevent fingers, hands, or clothing
19from being caught in the in-running point of the rollers,
20that have gears that are completely enclosed, and that have
21microswitches that disengage the machinery if the backs or
22sides of the rollers are removed, only when all the safeguards
23detailed in this subsection are present on the machinery, are
24operational, and have not been overridden. However, this
25subsection does apply to the setting up, adjusting, repairing,
26oiling, or cleaning of pizza dough rollers as described in this
27subsection.
2811. 10. Occupations involved in the operation Operation of
29certain power-driven paper products machines, except loading
30balers if the machine is powered off and the key is stored in a
31separate area from the machine.
3212. 11. Occupations involved in the manufacture
33 Manufacturing of brick, tile, and related products.
3413. 12. Occupations involved in the operation Operation of
35circular saws, band saws, and guillotine shears.
-7- 114. 13. Occupations involved in wrecking Wrecking,
2demolition, and shipbreaking operations.
315. 14. Occupations involved in roofing Roofing
4 operations.
516. 15. Excavation occupations.
617. 16. In Work activities in or about foundries; provided
7that office, shipping, and assembly area employment shall not
8be prohibited by this chapter.
918. 17. Occupations involving the operation Operation of
10dry cleaning or dyeing machinery.
1119. 18. Occupations Work activities involving exposure to
12lead fumes or its compounds, or to dangerous or poisonous dyes
13or chemicals.
1420. 19. Occupations involving the transmission
15 Transmission, distribution, or delivery of goods or messages
16between the hours of 10:00 p.m.and 5:00 a.m.
1719A. Work activities in establishments where nude or
18topless dancing is performed.
1921. 20. Occupations Work activities prohibited by rules
20adopted pursuant to chapter 17A by the labor commissioner
21 director.
22 Sec. 9. NEW SECTION. 92.8A Approved career and technical
23education, work-based learning, internships, registered
24apprenticeship programs, and student learners.
251. The director of the department of workforce development
26or department of education may grant an exception from any
27provision of section 92.6, 92.7, or 92.8 for minors fourteen
28to seventeen years of age participating in work-based learning
29or a school or employer-administered, work-related program
30approved by the department of workforce development or the
31department of education if all of the following apply:
32a. The requestor demonstrates the activity will be performed
33under adequate supervision and training.
34b. The training includes adequate safety precautions.
35c. The terms and conditions of the proposed employment will
-8-1not interfere with the health, well-being, or schooling of the
2minor enrolled in the approved program.
3d. The work is not prohibited under section 92.6, subsection
41, paragraph “b”, “e”, “f”, or “h”, section 92.6, subsection
51, paragraph “i”, subparagraph (1) or (3), or section 92.8,
6subsection 1, 2, 4, 7, 8, 18, or 19A.
72. Section 92.8 shall not apply to a student in an approved
8work-based learning program, registered apprenticeship, career
9and technical education program, or student learner program
10provided the student is employed under all of the following
11conditions:
12a. The student is employed in a craft recognized as an
13apprenticeable trade or the student is employed under a written
14employment agreement.
15b. The work of the apprentice or student employee in the
16work activities declared particularly hazardous is incidental
17to the apprentice’s training.
18c. The work is intermittent and for short periods of time
19and is under the direct and close supervision of a qualified
20and experienced person.
21d. Adequate on-the-job training and safety instructions are
22in place.
23e. The work is not prohibited under section 92.8, subsection
241, 2, 4, 7, 8, 18, or 19A.
253. A minor shall not perform work under this section unless
26the director has on file written permission from the minor’s
27parent, guardian, or legal custodian, and from the school
28administering the program or employer, for the minor to perform
29work under this section.
30 Sec. 10. Section 92.17, subsection 2, Code 2023, is amended
31by striking the subsection.
32 Sec. 11. Section 92.17, subsection 3, Code 2023, is amended
33to read as follows:
343. A child from working in any occupation work activity or
35business operated by the child’s parents. For the purposes
-9-1of this subsection, “child” and “parents” include a foster
2child and the child’s foster parents who are licensed by the
3department of health and human services.
4 Sec. 12. Section 92.17, subsection 4, Code 2023, is amended
5by striking the subsection and inserting in lieu thereof the
6following:
74. A child under sixteen years of age from being employed or
8permitted to work, with or without compensation, as a model, if
9the written permission of the parent, guardian, or custodian of
10the child is obtained prior to the commencement of the work,
11and the work complies with the hours permitted in section 92.7.
12This subsection does not allow modeling for an unlawful purpose
13or modeling that would violate any other law.
14 Sec. 13. Section 92.17, Code 2023, is amended by adding the
15following new subsection:
16 NEW SUBSECTION. 4A. A child under sixteen years of age
17from being employed or permitted to work, with or without
18compensation, performing in motion pictures, theatrical
19productions, or musical performances, if the written permission
20of the parent, guardian, or custodian of the child is obtained
21prior to the commencement of the work. This subsection
22does not allow performing in motion pictures, theatrical
23productions, or musical performances for an unlawful purpose
24or performing in motion pictures, theatrical productions, or
25musical performances that would violate any other law.
26 Sec. 14. Section 92.19, subsections 2 and 3, Code 2023, are
27amended by striking the subsections.
28 Sec. 15. Section 92.20, subsection 1, Code 2023, is amended
29by striking the subsection.
30 Sec. 16. Section 92.21, subsection 1, Code 2023, is amended
31to read as follows:
321. The labor commissioner director may adopt rules pursuant
33to chapter 17A to more specifically define the occupations
34 work activities and equipment permitted or prohibited in this
35chapter, to determine occupations for which work permits are
-10-1required, and to issue general and special orders prohibiting
2or allowing the employment of persons under eighteen years
3of age in any place of employment defined in this chapter as
4hazardous to the health, safety, and welfare of the persons.
5 Sec. 17. Section 92.22, subsection 1, Code 2023, is amended
6to read as follows:
71. The labor commissioner director shall enforce this
8chapter. An employer who violates this chapter or the rules
9adopted pursuant to this chapter is subject to a civil penalty
10of not more than ten thousand dollars for each violation.
11The director may waive or reduce a civil penalty based on
12evidence the director may obtain. The director shall provide a
13fifteen-day grace period before imposing a civil penalty.
14 Sec. 18. Section 92.23, Code 2023, is amended to read as
15follows:
1692.23 Group insurance.
17Anyone under the age of eighteen and subject to this chapter
18employed in the street occupations who sells or delivers work
19activities of selling or delivering the product or service
20of another and who is designated in such capacity as an
21independent contractor shall be provided participation, if the
22person under the age of eighteen desires it at group rate cost,
23in group insurance for medical, hospital, nursing, and doctor
24expenses incurred as a result of injuries sustained arising out
25of and in the course of selling or delivering such product or
26service by the person, firm, or corporation whose product or
27service is so delivered.
28 Sec. 19. NEW SECTION. 92.24 Employer liability in
29work-based learning.
301. For purposes of this section, unless the context
31otherwise requires:
32a. “Business” means any city, county, or township, including
33but not limited to a fire department or law enforcement
34office or department, public university, municipal university,
35community college, technical college or not-for-profit
-11-1private postsecondary educational institution, corporation,
2association, partnership, proprietorship, limited liability
3company, limited partnership, limited liability partnership,
4organization or other legal entity, whether for-profit or
5not-for-profit, that does all of the following:
6(1) Enters into an agreement with a school district for a
7work-based learning program.
8(2) Directly supervises a student who is participating in
9the work-based learning program, either on the premises of the
10business or at another location.
11b. “Work-based learning program” means a learning program to
12which all of the following apply:
13(1) The program includes but is not limited to work-related,
14on-the-job training, job shadowing, internships, clinicals,
15practicums, registered apprenticeships, co-ops, supervised
16agricultural experiences, and industry-led service-learning
17projects.
18(2) The program is incorporated into secondary coursework
19or related to a specific field of study.
20(3) The program integrates knowledge and theory learned
21in the classroom or other school-approved setting with
22the practical application and development of skills and
23proficiencies in a professional work setting.
242. A business that accepts a secondary student in a
25work-based learning program shall not be subject to civil
26liability for any claim for bodily injury to the student or
27sickness or death by accident of the student arising from
28the student’s driving to or from the business or worksite to
29participate in the work-based learning program unless the
30student is acting within the course and scope of the student’s
31employment at the direction of the business.
323. Any claim for bodily injury to the student or sickness
33or death by accident of the student arising from the student’s
34participation in the work-based learning program at the
35business or worksite shall be recovered exclusively under
-12-1chapters 85, 85A, 85B, and 86.
2 Sec. 20. Section 123.49, subsection 2, paragraph f, Code
32023, is amended to read as follows:
4f. Employ a person under eighteen years of age in the
5sale or serving of alcoholic beverages for consumption on
6the premises where sold. This paragraph shall not apply if
7the employer has on file written permission from the parent,
8guardian, or legal custodian of a person sixteen or seventeen
9years of age for the person to sell or serve alcoholic
10beverages for consumption on the premises where sold. However,
11a person sixteen or seventeen years of age shall not work in
12a bar as defined in section 142D.2. The employer shall keep
13a copy of the written permission on file until the person
14is either eighteen years of age or no longer engaged in the
15sale of or serving alcoholic beverages for consumption on the
16premises where sold. If written permission is on file in
17accordance with this paragraph, a person sixteen or seventeen
18years of age may sell or serve alcoholic beverages in a
19restaurant as defined in section 142D.2.
20 Sec. 21. REPEAL. Sections 92.1, 92.2, 92.9, 92.10, 92.11,
2192.12, 92.13, 92.14, 92.15, 92.16, and 92.18, Code 2023, are
22repealed.
23 Sec. 22. INTERIM STUDY COMMITTEE — MINOR DRIVER’S LICENSE.
241. The legislative council is requested to establish an
25interim study committee to meet during the 2023 legislative
26interim to examine policy matters relating to licensed driving
27by persons between fourteen and eighteen years of age. The
28committee is charged to study and make recommendations
29on statutory changes relating to minor driver’s licensing
30including but not limited to:
31a. Adding a work driving privilege to the current special
32minor’s license.
33b. Completing traditional or parent-taught driver’s
34education.
35c. Determining age eligibility for a special minor’s
-13-1license.
2d. Allowing a minor to drive up to a certain distance for
3nonfarm work.
4e. Determining the number of minutes before or after the
5minor’s scheduled shift in which they can drive.
6f. Examining the fifty-mile farm work privilege.
7g. Requiring the certifying school to verify the need for
8the farm work privilege.
9h. Allowing a minor to be eligible for a license even if
10they live less than one mile from their school, if they are
11employed for farm or nonfarm work.
12i. Determining a minor’s point of origin to drive for work.
13j. Determining if a minor is permitted to stop for gas in
14route to or from work.
15k. Determining if a violation of the work driving
16privilege is a moving violation, is subject to remedial driver
17improvement classes, and is subject to other driving sanctions.
18l. Examining any other issues concerning current or future
19driving permits regarding persons between fourteen and eighteen
20years of age.
212. The study committee shall consist of six voting members
22and five ex officio, nonvoting members.
23a. The voting members of the committee shall consist of
24three members of the senate, two of whom shall be appointed
25by the majority leader of the senate and one of whom shall
26be appointed by the minority leader of the senate, and three
27members of the house of representatives, two of whom shall be
28appointed by the speaker of the house of representatives and
29one of whom shall be appointed by the minority leader of the
30house of representatives.
31b. The ex officio, nonvoting members of the committee shall
32be composed of the following:
33(1) The director of the department of transportation or the
34director’s designee.
35(2) The director of the department of education or the
-14-1director’s designee.
2(3) The director of the department of public safety or the
3director’s designee.
4(4) The director of the department of workforce development
5or the director’s designee.
6(5) A representative of the insurance industry selected by
7the co-chairpersons of the study committee.
83. In the event a tiebreaking vote is needed, the five ex
9officio members shall collectively receive a total of one vote
10for the purpose of breaking a tie.
114. The study committee shall submit a report with its
12findings and recommendations to the general assembly no later
13than December 15, 2023.
je/rn/mb
2driver’s license interim study committee, and making
3penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 92.3, Code 2023, is amended to read as
2follows:
392.3 Under fourteen — work activities not permitted
4occupations.
5No person under fourteen years of age shall be employed
6or permitted to work with or without compensation in any
7occupation, except in the street occupations or migratory
8labor occupations specified in section 92.1 work activity.
9Any migratory laborer twelve to fourteen years of age may not
10work prior to or during the regular school hours of any day of
11any private or public school which teaches general education
12subjects and which is available to such child.
13 Sec. 2. Section 92.4, Code 2023, is amended to read as
14follows:
1592.4 Under sixteen — permitted occupations work activities.
16No person under sixteen years of age shall be employed
17or permitted to work with or without compensation in any
18occupation work activity during regular school hours, except
19the following work activities:
201. Those persons legally out of school, if such status
21is verified by the submission of written proof to the labor
22commissioner director.
232. Those persons working in a supervised school-work
24program.
253. Those persons between the ages of fourteen and sixteen
26enrolled in school on a part-time basis and who are required to
27work as a part of their school training.
284. Fourteen- and fifteen-year-old migrant laborers during
29any hours when summer school is in session.
30 Sec. 3. Section 92.5, Code 2023, is amended to read as
31follows:
3292.5 Fourteen and fifteen — permitted occupations work
33activities.
34Persons fourteen and fifteen years of age may be employed or
35permitted to work in the following occupations work activities:
-1- 11. Retail, food service, and gasoline service
2establishments.
32. Office and clerical work, including operation of office
4machines.
53. Cashiering, selling, modeling, art work, work in
6advertising departments, window trimming, and comparative
7shopping.
84. Price marking and tagging by hand or by machine,
9assembling orders, packing, and shelving.
105. Bagging and carrying out customers’ orders.
116. Errand and delivery work by foot, bicycle, and public
12transportation.
137. Cleanup work, including the use of vacuum cleaners and
14floor waxers, and maintenance of grounds.
158. Kitchen work and other work involved in preparing and
16serving food and beverages, including the cleaning using
17kitchen cleaning products with required personal protective
18equipment, operation of machines and devices used in the
19performance of such work, including but not limited to
20microwaves, dishwashers, toasters, dumb-waiters, popcorn
21poppers, milk shake blenders, and coffee grinders.
229. a. Work in connection with motor vehicles and trucks if
23confined to the following:
24(1) Dispensing gasoline and oil.
25(2) Courtesy service.
26(3) Car cleaning, washing, and polishing.
27b. Nothing in this subsection shall be construed to include
28work involving the use of pits, racks, or lifting apparatus or
29involving the inflation of any tire mounted on a rim equipped
30with a removable retaining ring.
3110. Cleaning vegetables and fruits, and wrapping, sealing,
32labeling, weighing, pricing, and stocking goods when performed
33in areas physically separate from areas where meat is prepared,
34for sale and outside including momentary work in freezers or
35 and meat coolers.
-2- 111. Loading onto motor vehicles and unloading from motor
2vehicles of the light, non-power-driven hand tools and personal
3protective equipment that the minor will use as part of their
4employment at the work site. Such light tools include but are
5not limited to rakes, hand-held clippers, shovels, and brooms.
6Such light tools do not include items such as trash, sales
7kits, promotion items or items for sale, lawn mowers, or other
8power-driven lawn maintenance equipment.
912. Laundering.
1013. Work in the production of seed, limited to removal of
11off-type plants and corn tassels and hand-pollinating from June
121 through Labor Day.
1314. Other work approved by the rules adopted pursuant to
14chapter 17A by the labor commissioner director.
15 Sec. 4. Section 92.6, Code 2023, is amended to read as
16follows:
1792.6 Fourteen and fifteen — occupations work activities not
18permitted.
191. Persons fourteen and fifteen years of age may not be
20employed in:
21a. Any manufacturing occupation work activity.
22b. Any mining occupation work activity.
23c. Processing occupations work activities, except in a
24retail, food service, or gasoline service establishment in
25those specific occupations work activities expressly permitted
26under the provisions of section 92.5 or 92.6A.
27d. Occupations Work activities requiring the performance
28of any duties in workrooms or work places where goods are
29manufactured, mined, or otherwise processed, except to the
30extent expressly permitted in retail, food service, or gasoline
31service establishments under the provisions of section 92.5 or
3292.6A.
33e. Public messenger service.
34f. Operation or tending of hoisting apparatus or of any
35power-driven machinery, other than office machines and machines
-3-1in retail, food service, and gasoline service establishments
2which are specified in section 92.5 as machines which that such
3minors may operate in such establishments.
4g. Occupations Work activities prohibited by rules adopted
5pursuant to chapter 17A by the labor commissioner director.
6h. Occupations Work activities in connection with the
7following, except office or sales work in connection with these
8occupations work activities, not performed on transportation
9media or at the actual construction site:
10(1) Transportation of persons or property by rail, highway,
11air, on water, pipeline, or other means.
12(2) Warehousing and storage.
13(3) Communications and public utilities.
14(4) Construction, including repair.
15i. Any of the following occupations work activities in a
16retail, food service, or gasoline service establishment:
17(1) Work performed in or about boiler or engine rooms.
18(2) Work in connection with maintenance or repair of the
19establishment, machines, or equipment.
20(3) Outside window washing that involves working from
21window sills, and all work requiring the use of ladders,
22scaffolds, or their substitutes.
23(4) Cooking except at soda fountains, lunch counters, snack
24bars, or cafeteria serving counters, and baking.
25(5) Occupations which Work activities that involve
26operating, setting up, adjusting, cleaning, oiling, or
27repairing power-driven food slicers and grinders, food choppers
28and cutters, and bakery-type mixers.
29(6) Work in freezers and meat coolers and all work in
30preparation of meats for sale, except wrapping, sealing,
31labeling, weighing, pricing, and stocking when performed in
32other areas.
33(7) (6) Loading and unloading goods to and from trucks,
34railroad cars, or conveyors, except as permitted by section
3592.5, subsection 11.
-4- 1(8) (7) All occupations work activities in warehouses
2except office and clerical work.
3j. Laundering, except for the use of a washing machine
4which has a capacity of less than ten cubic feet and which is
5designed to reach an internal temperature which does not exceed
6212 degrees Fahrenheit.
72. Nothing in this section shall be construed as prohibiting
8office, errand, or packaging work when done away from moving
9machinery.
10 Sec. 5. NEW SECTION. 92.6A Fifteen — permitted work
11activities.
121. Persons fifteen years of age may be employed or permitted
13to work in any of the work activities provided in section 92.5
14in addition to the following work activities:
15a. Loading and unloading non-power-driven equipment weighing
16up to thirty pounds into motor vehicles.
17b. Loading and unloading groceries and other retail items
18weighing up to thirty pounds into motor vehicles.
19c. Stocking shelves with items weighing up to thirty pounds.
20d. If properly licensed, work as a lifeguard or swim
21instructor at a traditional swimming pool or amusement park.
222. The director may issue a waiver of any weight limitations
23provided in subsection 1 of up to fifty pounds depending on the
24strength and ability of the fifteen-year-old.
253. The director may issue a waiver for a fifteen-year-old
26to be able to load and unload light power-driven lawn machines
27based on the ability of the minor if the minor is supervised,
28the machine is powered off, and the safety key is stored away
29from the machine.
304. The director may issue a waiver for a fifteen-year-old
31to perform light assembly work as long as the assembly is not
32performed on machines or in an area with machines.
33 Sec. 6. Section 92.7, Code 2023, is amended to read as
34follows:
3592.7 Under sixteen — hours permitted.
-5- 1A person under sixteen years of age shall not be employed
2with or without compensation, except as provided in sections
392.2 92.5 and 92.3 92.6A, before the hour of 7:00 a.m.or after
47:00 9:00 p.m., except during the period from June 1 through
5Labor Day when the hours may be extended to 9:00 11:00 p.m.
6If such person is employed for a period of five hours or more
7each day, an intermission of not less than thirty minutes shall
8be given. Such a person shall not be employed for more than
9eight hours in one day, exclusive of intermission, and shall
10not be employed for more than forty hours in one week. The
11hours of work of persons under sixteen years of age employed
12outside school hours shall not exceed four six in one day or
13twenty-eight in one week while school is in session.
14 Sec. 7. NEW SECTION. 92.7A Sixteen and seventeen — hours
15permitted.
16A person who is sixteen or seventeen years of age may work
17the same hours as a person who is eighteen years of age.
18 Sec. 8. Section 92.8, Code 2023, is amended to read as
19follows:
2092.8 Under eighteen — prohibited occupations work
21activities.
22No person under eighteen years of age shall be employed
23or permitted to work with or without compensation at any
24of the following occupations work activities or business
25establishments:
261. Occupations Work activities in or about plants or
27establishments manufacturing or storing explosives or articles
28containing explosive components, except for the following:
29a. Performing light assembly work as long as the assembly is
30not performed on machines or in an area with machines.
31b. Selling or assisting in the sale of consumer fireworks in
32accordance with section 100.19.
332. Occupations of motor vehicle driver and helper.
343. 2. Logging occupations Logging and occupations in
35 the operation of any sawmill, lath mill, shingle mill, or
-6-1cooperage-stock mill.
24. 3. Occupations involved in the operation Operation of
3power-driven woodworking machines.
45. 4. Occupations Work activities involving exposure to
5radioactive substances and to ionizing radiations.
66. 5. Occupations involved in the operation Operation of
7elevators and other power-driven hoisting apparatus.
87. 6. Occupations involved in the operation Operation of
9power-driven metal forming, punching, and shearing machines.
108. 7. Occupations in connection withmining Mining.
119. 8. Occupations Work activities in or about slaughtering
12and meat packing establishments and rendering plants.
1310. 9. Occupations involved in the operation Operation
14 of certain power-driven bakery machines. Except as otherwise
15provided in this subsection, this subsection does not apply to
16the operation of pizza dough rollers that are a type of dough
17sheeter that have been constructed with safeguards contained in
18the basic design so as to prevent fingers, hands, or clothing
19from being caught in the in-running point of the rollers,
20that have gears that are completely enclosed, and that have
21microswitches that disengage the machinery if the backs or
22sides of the rollers are removed, only when all the safeguards
23detailed in this subsection are present on the machinery, are
24operational, and have not been overridden. However, this
25subsection does apply to the setting up, adjusting, repairing,
26oiling, or cleaning of pizza dough rollers as described in this
27subsection.
2811. 10. Occupations involved in the operation Operation of
29certain power-driven paper products machines, except loading
30balers if the machine is powered off and the key is stored in a
31separate area from the machine.
3212. 11. Occupations involved in the manufacture
33 Manufacturing of brick, tile, and related products.
3413. 12. Occupations involved in the operation Operation of
35circular saws, band saws, and guillotine shears.
-7- 114. 13. Occupations involved in wrecking Wrecking,
2demolition, and shipbreaking operations.
315. 14. Occupations involved in roofing Roofing
4 operations.
516. 15. Excavation occupations.
617. 16. In Work activities in or about foundries; provided
7that office, shipping, and assembly area employment shall not
8be prohibited by this chapter.
918. 17. Occupations involving the operation Operation of
10dry cleaning or dyeing machinery.
1119. 18. Occupations Work activities involving exposure to
12lead fumes or its compounds, or to dangerous or poisonous dyes
13or chemicals.
1420. 19. Occupations involving the transmission
15 Transmission, distribution, or delivery of goods or messages
16between the hours of 10:00 p.m.and 5:00 a.m.
1719A. Work activities in establishments where nude or
18topless dancing is performed.
1921. 20. Occupations Work activities prohibited by rules
20adopted pursuant to chapter 17A by the labor commissioner
21 director.
22 Sec. 9. NEW SECTION. 92.8A Approved career and technical
23education, work-based learning, internships, registered
24apprenticeship programs, and student learners.
251. The director of the department of workforce development
26or department of education may grant an exception from any
27provision of section 92.6, 92.7, or 92.8 for minors fourteen
28to seventeen years of age participating in work-based learning
29or a school or employer-administered, work-related program
30approved by the department of workforce development or the
31department of education if all of the following apply:
32a. The requestor demonstrates the activity will be performed
33under adequate supervision and training.
34b. The training includes adequate safety precautions.
35c. The terms and conditions of the proposed employment will
-8-1not interfere with the health, well-being, or schooling of the
2minor enrolled in the approved program.
3d. The work is not prohibited under section 92.6, subsection
41, paragraph “b”, “e”, “f”, or “h”, section 92.6, subsection
51, paragraph “i”, subparagraph (1) or (3), or section 92.8,
6subsection 1, 2, 4, 7, 8, 18, or 19A.
72. Section 92.8 shall not apply to a student in an approved
8work-based learning program, registered apprenticeship, career
9and technical education program, or student learner program
10provided the student is employed under all of the following
11conditions:
12a. The student is employed in a craft recognized as an
13apprenticeable trade or the student is employed under a written
14employment agreement.
15b. The work of the apprentice or student employee in the
16work activities declared particularly hazardous is incidental
17to the apprentice’s training.
18c. The work is intermittent and for short periods of time
19and is under the direct and close supervision of a qualified
20and experienced person.
21d. Adequate on-the-job training and safety instructions are
22in place.
23e. The work is not prohibited under section 92.8, subsection
241, 2, 4, 7, 8, 18, or 19A.
253. A minor shall not perform work under this section unless
26the director has on file written permission from the minor’s
27parent, guardian, or legal custodian, and from the school
28administering the program or employer, for the minor to perform
29work under this section.
30 Sec. 10. Section 92.17, subsection 2, Code 2023, is amended
31by striking the subsection.
32 Sec. 11. Section 92.17, subsection 3, Code 2023, is amended
33to read as follows:
343. A child from working in any occupation work activity or
35business operated by the child’s parents. For the purposes
-9-1of this subsection, “child” and “parents” include a foster
2child and the child’s foster parents who are licensed by the
3department of health and human services.
4 Sec. 12. Section 92.17, subsection 4, Code 2023, is amended
5by striking the subsection and inserting in lieu thereof the
6following:
74. A child under sixteen years of age from being employed or
8permitted to work, with or without compensation, as a model, if
9the written permission of the parent, guardian, or custodian of
10the child is obtained prior to the commencement of the work,
11and the work complies with the hours permitted in section 92.7.
12This subsection does not allow modeling for an unlawful purpose
13or modeling that would violate any other law.
14 Sec. 13. Section 92.17, Code 2023, is amended by adding the
15following new subsection:
16 NEW SUBSECTION. 4A. A child under sixteen years of age
17from being employed or permitted to work, with or without
18compensation, performing in motion pictures, theatrical
19productions, or musical performances, if the written permission
20of the parent, guardian, or custodian of the child is obtained
21prior to the commencement of the work. This subsection
22does not allow performing in motion pictures, theatrical
23productions, or musical performances for an unlawful purpose
24or performing in motion pictures, theatrical productions, or
25musical performances that would violate any other law.
26 Sec. 14. Section 92.19, subsections 2 and 3, Code 2023, are
27amended by striking the subsections.
28 Sec. 15. Section 92.20, subsection 1, Code 2023, is amended
29by striking the subsection.
30 Sec. 16. Section 92.21, subsection 1, Code 2023, is amended
31to read as follows:
321. The labor commissioner director may adopt rules pursuant
33to chapter 17A to more specifically define the occupations
34 work activities and equipment permitted or prohibited in this
35chapter, to determine occupations for which work permits are
-10-1required, and to issue general and special orders prohibiting
2or allowing the employment of persons under eighteen years
3of age in any place of employment defined in this chapter as
4hazardous to the health, safety, and welfare of the persons.
5 Sec. 17. Section 92.22, subsection 1, Code 2023, is amended
6to read as follows:
71. The labor commissioner director shall enforce this
8chapter. An employer who violates this chapter or the rules
9adopted pursuant to this chapter is subject to a civil penalty
10of not more than ten thousand dollars for each violation.
11The director may waive or reduce a civil penalty based on
12evidence the director may obtain. The director shall provide a
13fifteen-day grace period before imposing a civil penalty.
14 Sec. 18. Section 92.23, Code 2023, is amended to read as
15follows:
1692.23 Group insurance.
17Anyone under the age of eighteen and subject to this chapter
18employed in the street occupations who sells or delivers work
19activities of selling or delivering the product or service
20of another and who is designated in such capacity as an
21independent contractor shall be provided participation, if the
22person under the age of eighteen desires it at group rate cost,
23in group insurance for medical, hospital, nursing, and doctor
24expenses incurred as a result of injuries sustained arising out
25of and in the course of selling or delivering such product or
26service by the person, firm, or corporation whose product or
27service is so delivered.
28 Sec. 19. NEW SECTION. 92.24 Employer liability in
29work-based learning.
301. For purposes of this section, unless the context
31otherwise requires:
32a. “Business” means any city, county, or township, including
33but not limited to a fire department or law enforcement
34office or department, public university, municipal university,
35community college, technical college or not-for-profit
-11-1private postsecondary educational institution, corporation,
2association, partnership, proprietorship, limited liability
3company, limited partnership, limited liability partnership,
4organization or other legal entity, whether for-profit or
5not-for-profit, that does all of the following:
6(1) Enters into an agreement with a school district for a
7work-based learning program.
8(2) Directly supervises a student who is participating in
9the work-based learning program, either on the premises of the
10business or at another location.
11b. “Work-based learning program” means a learning program to
12which all of the following apply:
13(1) The program includes but is not limited to work-related,
14on-the-job training, job shadowing, internships, clinicals,
15practicums, registered apprenticeships, co-ops, supervised
16agricultural experiences, and industry-led service-learning
17projects.
18(2) The program is incorporated into secondary coursework
19or related to a specific field of study.
20(3) The program integrates knowledge and theory learned
21in the classroom or other school-approved setting with
22the practical application and development of skills and
23proficiencies in a professional work setting.
242. A business that accepts a secondary student in a
25work-based learning program shall not be subject to civil
26liability for any claim for bodily injury to the student or
27sickness or death by accident of the student arising from
28the student’s driving to or from the business or worksite to
29participate in the work-based learning program unless the
30student is acting within the course and scope of the student’s
31employment at the direction of the business.
323. Any claim for bodily injury to the student or sickness
33or death by accident of the student arising from the student’s
34participation in the work-based learning program at the
35business or worksite shall be recovered exclusively under
-12-1chapters 85, 85A, 85B, and 86.
2 Sec. 20. Section 123.49, subsection 2, paragraph f, Code
32023, is amended to read as follows:
4f. Employ a person under eighteen years of age in the
5sale or serving of alcoholic beverages for consumption on
6the premises where sold. This paragraph shall not apply if
7the employer has on file written permission from the parent,
8guardian, or legal custodian of a person sixteen or seventeen
9years of age for the person to sell or serve alcoholic
10beverages for consumption on the premises where sold. However,
11a person sixteen or seventeen years of age shall not work in
12a bar as defined in section 142D.2. The employer shall keep
13a copy of the written permission on file until the person
14is either eighteen years of age or no longer engaged in the
15sale of or serving alcoholic beverages for consumption on the
16premises where sold. If written permission is on file in
17accordance with this paragraph, a person sixteen or seventeen
18years of age may sell or serve alcoholic beverages in a
19restaurant as defined in section 142D.2.
20 Sec. 21. REPEAL. Sections 92.1, 92.2, 92.9, 92.10, 92.11,
2192.12, 92.13, 92.14, 92.15, 92.16, and 92.18, Code 2023, are
22repealed.
23 Sec. 22. INTERIM STUDY COMMITTEE — MINOR DRIVER’S LICENSE.
241. The legislative council is requested to establish an
25interim study committee to meet during the 2023 legislative
26interim to examine policy matters relating to licensed driving
27by persons between fourteen and eighteen years of age. The
28committee is charged to study and make recommendations
29on statutory changes relating to minor driver’s licensing
30including but not limited to:
31a. Adding a work driving privilege to the current special
32minor’s license.
33b. Completing traditional or parent-taught driver’s
34education.
35c. Determining age eligibility for a special minor’s
-13-1license.
2d. Allowing a minor to drive up to a certain distance for
3nonfarm work.
4e. Determining the number of minutes before or after the
5minor’s scheduled shift in which they can drive.
6f. Examining the fifty-mile farm work privilege.
7g. Requiring the certifying school to verify the need for
8the farm work privilege.
9h. Allowing a minor to be eligible for a license even if
10they live less than one mile from their school, if they are
11employed for farm or nonfarm work.
12i. Determining a minor’s point of origin to drive for work.
13j. Determining if a minor is permitted to stop for gas in
14route to or from work.
15k. Determining if a violation of the work driving
16privilege is a moving violation, is subject to remedial driver
17improvement classes, and is subject to other driving sanctions.
18l. Examining any other issues concerning current or future
19driving permits regarding persons between fourteen and eighteen
20years of age.
212. The study committee shall consist of six voting members
22and five ex officio, nonvoting members.
23a. The voting members of the committee shall consist of
24three members of the senate, two of whom shall be appointed
25by the majority leader of the senate and one of whom shall
26be appointed by the minority leader of the senate, and three
27members of the house of representatives, two of whom shall be
28appointed by the speaker of the house of representatives and
29one of whom shall be appointed by the minority leader of the
30house of representatives.
31b. The ex officio, nonvoting members of the committee shall
32be composed of the following:
33(1) The director of the department of transportation or the
34director’s designee.
35(2) The director of the department of education or the
-14-1director’s designee.
2(3) The director of the department of public safety or the
3director’s designee.
4(4) The director of the department of workforce development
5or the director’s designee.
6(5) A representative of the insurance industry selected by
7the co-chairpersons of the study committee.
83. In the event a tiebreaking vote is needed, the five ex
9officio members shall collectively receive a total of one vote
10for the purpose of breaking a tie.
114. The study committee shall submit a report with its
12findings and recommendations to the general assembly no later
13than December 15, 2023.
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