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Senate File 542 - EnrolledAn Actrelating to youth employment, providing for a minor
driver’s license interim study committee, and making
penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 92.3, Code 2023, is amended to read as
follows:
92.3 Under fourteen — work activities not permitted
occupations.
No person under fourteen years of age shall be employed
or permitted to work with or without compensation in any
occupation, except in the street occupations or migratory
labor occupations specified in section 92.1 work activity.
Any migratory laborer twelve to fourteen years of age may not
work prior to or during the regular school hours of any day of
any private or public school which teaches general education
subjects and which is available to such child.
Sec. 2. Section 92.4, Code 2023, is amended to read as
follows:
92.4 Under sixteen — permitted occupations work activities.
No person under sixteen years of age shall be employed
or permitted to work with or without compensation in any
occupation work activity during regular school hours, except
the following work activities:
1. Those persons legally out of school, if such status
is verified by the submission of written proof to the labor
commissioner director.
2. Those persons working in a supervised school-work
program.
3. Those persons between the ages of fourteen and sixteen
enrolled in school on a part-time basis and who are required to
work as a part of their school training.
4. Fourteen- and fifteen-year-old migrant laborers during
any hours when summer school is in session.
Sec. 3. Section 92.5, Code 2023, is amended to read as
follows:
92.5 Fourteen and fifteen — permitted occupations work
activities.
Persons fourteen and fifteen years of age may be employed or
permitted to work in the following occupations work activities:
-1- 1. Retail, food service, and gasoline service
establishments.
2. Office and clerical work, including operation of office
machines.
3. Cashiering, selling, modeling, art work, work in
advertising departments, window trimming, and comparative
shopping.
4. Price marking and tagging by hand or by machine,
assembling orders, packing, and shelving.
5. Bagging and carrying out customers’ orders.
6. Errand and delivery work by foot, bicycle, and public
transportation.
7. Cleanup work, including the use of vacuum cleaners and
floor waxers, and maintenance of grounds.
8. Kitchen work and other work involved in preparing and
serving food and beverages, including the cleaning using
kitchen cleaning products with required personal protective
equipment, operation of machines and devices used in the
performance of such work, including but not limited to
microwaves, dishwashers, toasters, dumb-waiters, popcorn
poppers, milk shake blenders, and coffee grinders.
9. a. Work in connection with motor vehicles and trucks if
confined to the following:
(1) Dispensing gasoline and oil.
(2) Courtesy service.
(3) Car cleaning, washing, and polishing.
b. Nothing in this subsection shall be construed to include
work involving the use of pits, racks, or lifting apparatus or
involving the inflation of any tire mounted on a rim equipped
with a removable retaining ring.
10. Cleaning vegetables and fruits, and wrapping, sealing,
labeling, weighing, pricing, and stocking goods when performed
in areas physically separate from areas where meat is prepared,
for sale and outside including momentary work in freezers or
and meat coolers.
-2- 11. Loading onto motor vehicles and unloading from motor
vehicles of the light, non-power-driven hand tools and personal
protective equipment that the minor will use as part of their
employment at the work site. Such light tools include but are
not limited to rakes, hand-held clippers, shovels, and brooms.
Such light tools do not include items such as trash, sales
kits, promotion items or items for sale, lawn mowers, or other
power-driven lawn maintenance equipment.
12. Laundering.
13. Work in the production of seed, limited to removal of
off-type plants and corn tassels and hand-pollinating from June
1 through Labor Day.
14. Other work approved by the rules adopted pursuant to
chapter 17A by the labor commissioner director.
Sec. 4. Section 92.6, Code 2023, is amended to read as
follows:
92.6 Fourteen and fifteen — occupations work activities not
permitted.
1. Persons fourteen and fifteen years of age may shall not
be employed in:
a. Any manufacturing occupation work activity.
b. Any mining occupation work activity.
c. Processing occupations work activities, except in a
retail, food service, or gasoline service establishment in
those specific occupations work activities expressly permitted
under the provisions of section 92.5 or 92.6A.
d. Occupations Work activities requiring the performance
of any duties in workrooms or work places where goods are
manufactured, mined, or otherwise processed, except to the
extent expressly permitted in retail, food service, or gasoline
service establishments under the provisions of section 92.5 or
92.6A.
e. Public messenger service.
f. Operation or tending of hoisting apparatus or of any
power-driven machinery, other than office machines and machines
-3-in retail, food service, and gasoline service establishments
which are specified in section 92.5 as machines which that such
minors may operate in such establishments.
g. Occupations Work activities prohibited by rules adopted
pursuant to chapter 17A by the labor commissioner director.
h. Occupations Work activities in connection with the
following, except office or sales work in connection with these
occupations work activities, not performed on transportation
media or at the actual construction site:
(1) Transportation of persons or property by rail, highway,
air, on water, pipeline, or other means.
(2) Warehousing and storage.
(3) Communications and public utilities.
(4) Construction, including repair.
i. Any of the following occupations work activities in a
retail, food service, or gasoline service establishment:
(1) Work performed in or about boiler or engine rooms.
(2) Work in connection with maintenance or repair of the
establishment, machines, or equipment.
(3) Outside window washing that involves working from
window sills, and all work requiring the use of ladders,
scaffolds, or their substitutes.
(4) Cooking except at soda fountains, lunch counters, snack
bars, or cafeteria serving counters, and baking.
(5) Occupations which Work activities that involve
operating, setting up, adjusting, cleaning, oiling, or
repairing power-driven food slicers and grinders, food choppers
and cutters, and bakery-type mixers.
(6) Work in freezers and meat coolers and all work in
preparation of meats for sale, except wrapping, sealing,
labeling, weighing, pricing, and stocking when performed in
other areas.
(7) (6) Loading and unloading goods to and from trucks,
railroad cars, or conveyors, except as permitted by section
92.5, subsection 11.
-4- (8) (7) All occupations work activities in warehouses
except office and clerical work.
j. Laundering, except for the use of a washing machine
which has a capacity of less than ten cubic feet and which is
designed to reach an internal temperature which does not exceed
212 degrees Fahrenheit.
2. Nothing in this section shall be construed as prohibiting
office, errand, or packaging work when done away from moving
machinery.
Sec. 5. NEW SECTION. 92.6A Fifteen — permitted work
activities.
1. Persons fifteen years of age may be employed or permitted
to work in any of the work activities provided in section 92.5
in addition to the following work activities:
a. Loading and unloading non-power-driven equipment weighing
up to thirty pounds into motor vehicles.
b. Loading and unloading groceries and other retail items
weighing up to thirty pounds into motor vehicles.
c. Stocking shelves with items weighing up to thirty pounds.
d. If properly licensed, work as a lifeguard or swim
instructor at a traditional swimming pool or amusement park.
2. The director may issue a waiver of any weight limitations
provided in subsection 1 of up to fifty pounds depending on the
strength and ability of the fifteen-year-old.
3. The director may issue a waiver for a fifteen-year-old
to be able to load and unload light power-driven lawn machines
based on the ability of the minor if the minor is supervised,
the machine is powered off, and the safety key is stored away
from the machine.
4. The director may issue a waiver for a fifteen-year-old
to perform light assembly work as long as the assembly is not
performed on machines or in an area with machines.
Sec. 6. Section 92.7, Code 2023, is amended to read as
follows:
92.7 Under sixteen — hours permitted.
-5- A person under sixteen years of age shall not be employed
with or without compensation, except as provided in sections
92.2 92.5 and 92.3 92.6A, before the hour of 7:00 a.m.or after
7:00 9:00 p.m., except during the period from June 1 through
Labor Day when the hours may be extended to 9:00 11:00 p.m.
If such person is employed for a period of five hours or more
each day, an intermission of not less than thirty minutes shall
be given. Such a person shall not be employed for more than
eight hours in one day, exclusive of intermission, and shall
not be employed for more than forty hours in one week. The
hours of work of persons under sixteen years of age employed
outside school hours shall not exceed four six in one day or
twenty-eight in one week while school is in session.
Sec. 7. NEW SECTION. 92.7A Sixteen and seventeen — hours
permitted.
A person who is sixteen or seventeen years of age may work
the same hours as a person who is eighteen years of age.
Sec. 8. Section 92.8, Code 2023, is amended to read as
follows:
92.8 Under eighteen — prohibited occupations work
activities.
No person under eighteen years of age shall be employed
or permitted to work with or without compensation at any
of the following occupations work activities or business
establishments:
1. Occupations Work activities in or about plants or
establishments manufacturing or storing explosives or articles
containing explosive components, except for the following:
a. Performing light assembly work as long as the assembly is
not performed on machines or in an area with machines.
b. Selling or assisting in the sale of consumer fireworks in
accordance with section 100.19.
2. Occupations of motor vehicle driver and helper.
3. 2. Logging occupations Logging and occupations in
the operation of any sawmill, lath mill, shingle mill, or
-6-cooperage-stock mill.
4. 3. Occupations involved in the operation Operation of
power-driven woodworking machines.
5. 4. Occupations Work activities involving exposure to
radioactive substances and to ionizing radiations.
6. 5. Occupations involved in the operation Operation of
elevators and other power-driven hoisting apparatus.
7. 6. Occupations involved in the operation Operation of
power-driven metal forming, punching, and shearing machines.
8. 7. Occupations in connection withmining Mining.
9. 8. Occupations Work activities in or about slaughtering
and meat packing establishments and rendering plants.
10. 9. Occupations involved in the operation Operation
of certain power-driven bakery machines. Except as otherwise
provided in this subsection, this subsection does not apply to
the operation of pizza dough rollers that are a type of dough
sheeter that have been constructed with safeguards contained in
the basic design so as to prevent fingers, hands, or clothing
from being caught in the in-running point of the rollers,
that have gears that are completely enclosed, and that have
microswitches that disengage the machinery if the backs or
sides of the rollers are removed, only when all the safeguards
detailed in this subsection are present on the machinery, are
operational, and have not been overridden. However, this
subsection does apply to the setting up, adjusting, repairing,
oiling, or cleaning of pizza dough rollers as described in this
subsection.
11. 10. Occupations involved in the operation Operation of
certain power-driven paper products machines, except loading
balers if the machine is powered off and the key is stored in a
separate area from the machine.
12. 11. Occupations involved in the manufacture
Manufacturing of brick, tile, and related products.
13. 12. Occupations involved in the operation Operation of
circular saws, band saws, and guillotine shears.
-7- 14. 13. Occupations involved in wrecking Wrecking,
demolition, and shipbreaking operations.
15. 14. Occupations involved in roofing Roofing
operations.
16. 15. Excavation occupations.
17. 16. In Work activities in or about foundries; provided
that office, shipping, and assembly area employment shall not
be prohibited by this chapter.
18. 17. Occupations involving the operation Operation of
dry cleaning or dyeing machinery.
19. 18. Occupations Work activities involving exposure to
lead fumes or its compounds, or to dangerous or poisonous dyes
or chemicals.
20. 19. Occupations involving the transmission
Transmission, distribution, or delivery of goods or messages
between the hours of 10:00 p.m.and 5:00 a.m.
19A. Work activities in establishments where nude or
topless dancing is performed.
21. 20. Occupations Work activities prohibited by rules
adopted pursuant to chapter 17A by the labor commissioner
director.
Sec. 9. NEW SECTION. 92.8A Approved career and technical
education, work-based learning, internships, registered
apprenticeship programs, and student learners.
1. The director of the department of workforce development
or department of education may grant an exception from any
provision of section 92.7 or 92.8 for minors sixteen to
seventeen years of age participating in work-based learning
or a school or employer-administered, work-related program
approved by the department of workforce development or the
department of education if all of the following apply:
a. The requestor demonstrates the activity will be performed
under adequate supervision and training.
b. The training includes adequate safety precautions.
c. The terms and conditions of the proposed employment will
-8-not interfere with the health, well-being, or schooling of the
minor enrolled in the approved program.
d. The work is not prohibited under section 92.8, subsection
1, 2, 4, 7, 8, 18, or 19A.
2. Section 92.8 shall not apply to a student in an approved
work-based learning program, registered apprenticeship, career
and technical education program, or student learner program
provided the student is employed under all of the following
conditions:
a. The student is employed in a craft recognized as an
apprenticeable trade or the student is employed under a written
employment agreement.
b. The work of the apprentice or student employee in the
work activities declared particularly hazardous is incidental
to the apprentice’s training.
c. The work is intermittent and for short periods of time
and is under the direct and close supervision of a qualified
and experienced person.
d. Adequate on-the-job training and safety instructions are
in place.
e. The work is not prohibited under section 92.8, subsection
1, 2, 4, 7, 8, 18, or 19A.
3. A minor shall not perform work under this section unless
the director has on file written permission from the minor’s
parent, guardian, or legal custodian, and from the school
administering the program or employer, for the minor to perform
work under this section.
4. An employer shall provide a copy of all training
materials given to a minor performing work under this section
to the minor’s parent, guardian, or legal custodian.
Sec. 10. Section 92.17, subsection 2, Code 2023, is amended
by striking the subsection.
Sec. 11. Section 92.17, subsection 3, Code 2023, is amended
to read as follows:
3. A child from working in any occupation work activity or
-9-business operated by the child’s parents. For the purposes
of this subsection, “child” and “parents” include a foster
child and the child’s foster parents who are licensed by the
department of health and human services.
Sec. 12. Section 92.17, subsection 4, Code 2023, is amended
by striking the subsection and inserting in lieu thereof the
following:
4. A child under sixteen years of age from being employed or
permitted to work, with or without compensation, as a model, if
the written permission of the parent, guardian, or custodian of
the child is obtained prior to the commencement of the work,
and the work complies with the hours permitted in section 92.7.
This subsection does not allow modeling for an unlawful purpose
or modeling that would violate any other law.
Sec. 13. Section 92.17, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 4A. A child under sixteen years of age
from being employed or permitted to work, with or without
compensation, performing in motion pictures, theatrical
productions, or musical performances, if the written permission
of the parent, guardian, or custodian of the child is obtained
prior to the commencement of the work. This subsection
does not allow performing in motion pictures, theatrical
productions, or musical performances for an unlawful purpose
or performing in motion pictures, theatrical productions, or
musical performances that would violate any other law.
Sec. 14. Section 92.19, subsections 2 and 3, Code 2023, are
amended by striking the subsections.
Sec. 15. Section 92.20, subsection 1, Code 2023, is amended
by striking the subsection.
Sec. 16. Section 92.20, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 2A. A person determined to be a sexually
violent predator pursuant to section 229A.7, a person required
to register as a sex offender under chapter 692A, or a person
-10-determined to be a sexually violent predator or required to
register as a sex offender pursuant to similar laws of another
state, shall not employ a person under eighteen years of age
in this state.
Sec. 17. Section 92.21, subsection 1, Code 2023, is amended
to read as follows:
1. The labor commissioner director may adopt rules pursuant
to chapter 17A to more specifically define the occupations
work activities and equipment permitted or prohibited in this
chapter, to determine occupations for which work permits are
required, and to issue general and special orders prohibiting
or allowing the employment of persons under eighteen years
of age in any place of employment defined in this chapter as
hazardous to the health, safety, and welfare of the persons.
Sec. 18. Section 92.22, subsection 1, Code 2023, is amended
to read as follows:
1. The labor commissioner director shall enforce this
chapter. An employer who violates this chapter or the rules
adopted pursuant to this chapter is subject to a civil penalty
of not more than ten thousand dollars for each violation.
The director may waive or reduce a civil penalty based on
evidence the director may obtain. The director shall provide a
fifteen-day grace period before imposing a civil penalty.
Sec. 19. Section 92.23, Code 2023, is amended to read as
follows:
92.23 Group insurance.
Anyone under the age of eighteen and subject to this chapter
employed in the street occupations who sells or delivers work
activities of selling or delivering the product or service
of another and who is designated in such capacity as an
independent contractor shall be provided participation, if the
person under the age of eighteen desires it at group rate cost,
in group insurance for medical, hospital, nursing, and doctor
expenses incurred as a result of injuries sustained arising out
of and in the course of selling or delivering such product or
-11-service by the person, firm, or corporation whose product or
service is so delivered.
Sec. 20. NEW SECTION. 92.24 Employer liability in
work-based learning.
1. For purposes of this section, unless the context
otherwise requires:
a. “Business” means any city, county, or township, including
but not limited to a fire department or law enforcement
office or department, public university, municipal university,
community college, technical college or not-for-profit
private postsecondary educational institution, corporation,
association, partnership, proprietorship, limited liability
company, limited partnership, limited liability partnership,
organization or other legal entity, whether for-profit or
not-for-profit, that does all of the following:
(1) Enters into an agreement with a school district for a
work-based learning program.
(2) Directly supervises a student who is participating in
the work-based learning program, either on the premises of the
business or at another location.
b. “Work-based learning program” means a learning program to
which all of the following apply:
(1) The program includes but is not limited to work-related,
on-the-job training, job shadowing, internships, clinicals,
practicums, registered apprenticeships, co-ops, supervised
agricultural experiences, and industry-led service-learning
projects.
(2) The program is incorporated into secondary coursework
or related to a specific field of study.
(3) The program integrates knowledge and theory learned
in the classroom or other school-approved setting with
the practical application and development of skills and
proficiencies in a professional work setting.
2. A business that accepts a secondary student in a
work-based learning program shall not be subject to civil
-12-liability for any claim for bodily injury to the student or
sickness or death by accident of the student arising from
the student’s driving to or from the business or worksite to
participate in the work-based learning program unless the
student is acting within the course and scope of the student’s
employment at the direction of the business.
3. Any claim for bodily injury to the student or sickness
or death by accident of the student arising from the student’s
participation in the work-based learning program at the
business or worksite shall be recovered exclusively under
chapters 85, 85A, 85B, and 86.
Sec. 21. Section 123.49, subsection 2, paragraph f, Code
2023, is amended to read as follows:
f. (1) Employ a person under eighteen years of age in the
sale or serving of alcoholic beverages for consumption on the
premises where sold.
(2) This paragraph shall not apply if the employer has on
file written permission from the parent, guardian, or legal
custodian of a person sixteen or seventeen years of age for the
person to sell or serve alcoholic beverages for consumption
on the premises where sold. However, a person sixteen or
seventeen years of age shall not work in a bar as defined
in section 142D.2. The employer shall keep a copy of the
written permission on file until the person is either eighteen
years of age or no longer engaged in the sale of or serving
alcoholic beverages for consumption on the premises where
sold. If written permission is on file in accordance with this
paragraph, a person sixteen or seventeen years of age may sell
or serve alcoholic beverages in a restaurant as defined in
section 142D.2 during the hours in which the restaurant serves
food.
(3) A person sixteen or seventeen years of age shall not
sell or serve alcoholic beverages under this paragraph unless
at least two employees eighteen years of age or older are
physically present in the area where alcoholic beverages are
-13-sold or served.
(4) If a person employed under this paragraph reports an
incident of workplace harassment to the employer or if the
employer otherwise becomes aware of such an incident, the
employer shall report the incident to the employee’s parent,
guardian, or legal custodian and to the Iowa civil rights
commission, which shall determine if any action is necessary or
appropriate under chapter 216.
(5) An employer that employs a person under this paragraph
shall require the person to attend training on prevention and
response to sexual harassment upon commencing employment.
(6) Prior to a person commencing employment under this
paragraph, the employer shall notify the employer’s dramshop
liability insurer, in a form and time period prescribed by the
director, that the employer is employing a person under this
paragraph.
Sec. 22. REPEAL. Sections 92.1, 92.2, 92.9, 92.10, 92.11,
92.12, 92.13, 92.14, 92.15, 92.16, and 92.18, Code 2023, are
repealed.
Sec. 23. INTERIM STUDY COMMITTEE — MINOR DRIVER’S LICENSE.
1. The legislative council is requested to establish an
interim study committee to meet during the 2023 legislative
interim to examine policy matters relating to licensed driving
by persons between fourteen and eighteen years of age. The
committee is charged to study and make recommendations
on statutory changes relating to minor driver’s licensing
including but not limited to:
a. Adding a work driving privilege to the current special
minor’s license.
b. Completing traditional or parent-taught driver’s
education.
c. Determining age eligibility for a special minor’s
license.
d. Allowing a minor to drive up to a certain distance for
nonfarm work.
-14- e. Determining the number of minutes before or after the
minor’s scheduled shift in which they can drive.
f. Examining the fifty-mile farm work privilege.
g. Requiring the certifying school to verify the need for
the farm work privilege.
h. Allowing a minor to be eligible for a license even if
they live less than one mile from their school, if they are
employed for farm or nonfarm work.
i. Determining a minor’s point of origin to drive for work.
j. Determining if a minor is permitted to stop for gas in
route to or from work.
k. Determining if a violation of the work driving
privilege is a moving violation, is subject to remedial driver
improvement classes, and is subject to other driving sanctions.
l. Examining any other issues concerning current or future
driving permits regarding persons between fourteen and eighteen
years of age.
2. The study committee shall consist of six voting members
and five ex officio, nonvoting members.
a. The voting members of the committee shall consist of
three members of the senate, two of whom shall be appointed
by the majority leader of the senate and one of whom shall
be appointed by the minority leader of the senate, and three
members of the house of representatives, two of whom shall be
appointed by the speaker of the house of representatives and
one of whom shall be appointed by the minority leader of the
house of representatives.
b. The ex officio, nonvoting members of the committee shall
be composed of the following:
(1) The director of the department of transportation or the
director’s designee.
(2) The director of the department of education or the
director’s designee.
(3) The director of the department of public safety or the
director’s designee.
-15- (4) The director of the department of workforce development
or the director’s designee.
(5) A representative of the insurance industry selected by
the co-chairpersons of the study committee.
3. In the event a tiebreaking vote is needed, the five ex
officio members shall collectively receive a total of one vote
for the purpose of breaking a tie.
4. The study committee shall submit a report with its
findings and recommendations to the general assembly no later
than December 15, 2023.
-16-______________________________
AMY SINCLAIRPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 542, Ninetieth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2023______________________________
KIM REYNOLDSGovernorje/rn/mb
driver’s license interim study committee, and making
penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 92.3, Code 2023, is amended to read as
follows:
92.3 Under fourteen — work activities not permitted
occupations.
No person under fourteen years of age shall be employed
or permitted to work with or without compensation in any
occupation, except in the street occupations or migratory
labor occupations specified in section 92.1 work activity.
Any migratory laborer twelve to fourteen years of age may not
work prior to or during the regular school hours of any day of
any private or public school which teaches general education
subjects and which is available to such child.
Sec. 2. Section 92.4, Code 2023, is amended to read as
follows:
92.4 Under sixteen — permitted occupations work activities.
No person under sixteen years of age shall be employed
or permitted to work with or without compensation in any
occupation work activity during regular school hours, except
the following work activities:
1. Those persons legally out of school, if such status
is verified by the submission of written proof to the labor
commissioner director.
2. Those persons working in a supervised school-work
program.
3. Those persons between the ages of fourteen and sixteen
enrolled in school on a part-time basis and who are required to
work as a part of their school training.
4. Fourteen- and fifteen-year-old migrant laborers during
any hours when summer school is in session.
Sec. 3. Section 92.5, Code 2023, is amended to read as
follows:
92.5 Fourteen and fifteen — permitted occupations work
activities.
Persons fourteen and fifteen years of age may be employed or
permitted to work in the following occupations work activities:
-1- 1. Retail, food service, and gasoline service
establishments.
2. Office and clerical work, including operation of office
machines.
3. Cashiering, selling, modeling, art work, work in
advertising departments, window trimming, and comparative
shopping.
4. Price marking and tagging by hand or by machine,
assembling orders, packing, and shelving.
5. Bagging and carrying out customers’ orders.
6. Errand and delivery work by foot, bicycle, and public
transportation.
7. Cleanup work, including the use of vacuum cleaners and
floor waxers, and maintenance of grounds.
8. Kitchen work and other work involved in preparing and
serving food and beverages, including the cleaning using
kitchen cleaning products with required personal protective
equipment, operation of machines and devices used in the
performance of such work, including but not limited to
microwaves, dishwashers, toasters, dumb-waiters, popcorn
poppers, milk shake blenders, and coffee grinders.
9. a. Work in connection with motor vehicles and trucks if
confined to the following:
(1) Dispensing gasoline and oil.
(2) Courtesy service.
(3) Car cleaning, washing, and polishing.
b. Nothing in this subsection shall be construed to include
work involving the use of pits, racks, or lifting apparatus or
involving the inflation of any tire mounted on a rim equipped
with a removable retaining ring.
10. Cleaning vegetables and fruits, and wrapping, sealing,
labeling, weighing, pricing, and stocking goods when performed
in areas physically separate from areas where meat is prepared,
for sale and outside including momentary work in freezers or
and meat coolers.
-2- 11. Loading onto motor vehicles and unloading from motor
vehicles of the light, non-power-driven hand tools and personal
protective equipment that the minor will use as part of their
employment at the work site. Such light tools include but are
not limited to rakes, hand-held clippers, shovels, and brooms.
Such light tools do not include items such as trash, sales
kits, promotion items or items for sale, lawn mowers, or other
power-driven lawn maintenance equipment.
12. Laundering.
13. Work in the production of seed, limited to removal of
off-type plants and corn tassels and hand-pollinating from June
1 through Labor Day.
14. Other work approved by the rules adopted pursuant to
chapter 17A by the labor commissioner director.
Sec. 4. Section 92.6, Code 2023, is amended to read as
follows:
92.6 Fourteen and fifteen — occupations work activities not
permitted.
1. Persons fourteen and fifteen years of age may shall not
be employed in:
a. Any manufacturing occupation work activity.
b. Any mining occupation work activity.
c. Processing occupations work activities, except in a
retail, food service, or gasoline service establishment in
those specific occupations work activities expressly permitted
under the provisions of section 92.5 or 92.6A.
d. Occupations Work activities requiring the performance
of any duties in workrooms or work places where goods are
manufactured, mined, or otherwise processed, except to the
extent expressly permitted in retail, food service, or gasoline
service establishments under the provisions of section 92.5 or
92.6A.
e. Public messenger service.
f. Operation or tending of hoisting apparatus or of any
power-driven machinery, other than office machines and machines
-3-in retail, food service, and gasoline service establishments
which are specified in section 92.5 as machines which that such
minors may operate in such establishments.
g. Occupations Work activities prohibited by rules adopted
pursuant to chapter 17A by the labor commissioner director.
h. Occupations Work activities in connection with the
following, except office or sales work in connection with these
occupations work activities, not performed on transportation
media or at the actual construction site:
(1) Transportation of persons or property by rail, highway,
air, on water, pipeline, or other means.
(2) Warehousing and storage.
(3) Communications and public utilities.
(4) Construction, including repair.
i. Any of the following occupations work activities in a
retail, food service, or gasoline service establishment:
(1) Work performed in or about boiler or engine rooms.
(2) Work in connection with maintenance or repair of the
establishment, machines, or equipment.
(3) Outside window washing that involves working from
window sills, and all work requiring the use of ladders,
scaffolds, or their substitutes.
(4) Cooking except at soda fountains, lunch counters, snack
bars, or cafeteria serving counters, and baking.
(5) Occupations which Work activities that involve
operating, setting up, adjusting, cleaning, oiling, or
repairing power-driven food slicers and grinders, food choppers
and cutters, and bakery-type mixers.
(6) Work in freezers and meat coolers and all work in
preparation of meats for sale, except wrapping, sealing,
labeling, weighing, pricing, and stocking when performed in
other areas.
(7) (6) Loading and unloading goods to and from trucks,
railroad cars, or conveyors, except as permitted by section
92.5, subsection 11.
-4- (8) (7) All occupations work activities in warehouses
except office and clerical work.
j. Laundering, except for the use of a washing machine
which has a capacity of less than ten cubic feet and which is
designed to reach an internal temperature which does not exceed
212 degrees Fahrenheit.
2. Nothing in this section shall be construed as prohibiting
office, errand, or packaging work when done away from moving
machinery.
Sec. 5. NEW SECTION. 92.6A Fifteen — permitted work
activities.
1. Persons fifteen years of age may be employed or permitted
to work in any of the work activities provided in section 92.5
in addition to the following work activities:
a. Loading and unloading non-power-driven equipment weighing
up to thirty pounds into motor vehicles.
b. Loading and unloading groceries and other retail items
weighing up to thirty pounds into motor vehicles.
c. Stocking shelves with items weighing up to thirty pounds.
d. If properly licensed, work as a lifeguard or swim
instructor at a traditional swimming pool or amusement park.
2. The director may issue a waiver of any weight limitations
provided in subsection 1 of up to fifty pounds depending on the
strength and ability of the fifteen-year-old.
3. The director may issue a waiver for a fifteen-year-old
to be able to load and unload light power-driven lawn machines
based on the ability of the minor if the minor is supervised,
the machine is powered off, and the safety key is stored away
from the machine.
4. The director may issue a waiver for a fifteen-year-old
to perform light assembly work as long as the assembly is not
performed on machines or in an area with machines.
Sec. 6. Section 92.7, Code 2023, is amended to read as
follows:
92.7 Under sixteen — hours permitted.
-5- A person under sixteen years of age shall not be employed
with or without compensation, except as provided in sections
92.2 92.5 and 92.3 92.6A, before the hour of 7:00 a.m.or after
7:00 9:00 p.m., except during the period from June 1 through
Labor Day when the hours may be extended to 9:00 11:00 p.m.
If such person is employed for a period of five hours or more
each day, an intermission of not less than thirty minutes shall
be given. Such a person shall not be employed for more than
eight hours in one day, exclusive of intermission, and shall
not be employed for more than forty hours in one week. The
hours of work of persons under sixteen years of age employed
outside school hours shall not exceed four six in one day or
twenty-eight in one week while school is in session.
Sec. 7. NEW SECTION. 92.7A Sixteen and seventeen — hours
permitted.
A person who is sixteen or seventeen years of age may work
the same hours as a person who is eighteen years of age.
Sec. 8. Section 92.8, Code 2023, is amended to read as
follows:
92.8 Under eighteen — prohibited occupations work
activities.
No person under eighteen years of age shall be employed
or permitted to work with or without compensation at any
of the following occupations work activities or business
establishments:
1. Occupations Work activities in or about plants or
establishments manufacturing or storing explosives or articles
containing explosive components, except for the following:
a. Performing light assembly work as long as the assembly is
not performed on machines or in an area with machines.
b. Selling or assisting in the sale of consumer fireworks in
accordance with section 100.19.
2. Occupations of motor vehicle driver and helper.
3. 2. Logging occupations Logging and occupations in
the operation of any sawmill, lath mill, shingle mill, or
-6-cooperage-stock mill.
4. 3. Occupations involved in the operation Operation of
power-driven woodworking machines.
5. 4. Occupations Work activities involving exposure to
radioactive substances and to ionizing radiations.
6. 5. Occupations involved in the operation Operation of
elevators and other power-driven hoisting apparatus.
7. 6. Occupations involved in the operation Operation of
power-driven metal forming, punching, and shearing machines.
8. 7. Occupations in connection withmining Mining.
9. 8. Occupations Work activities in or about slaughtering
and meat packing establishments and rendering plants.
10. 9. Occupations involved in the operation Operation
of certain power-driven bakery machines. Except as otherwise
provided in this subsection, this subsection does not apply to
the operation of pizza dough rollers that are a type of dough
sheeter that have been constructed with safeguards contained in
the basic design so as to prevent fingers, hands, or clothing
from being caught in the in-running point of the rollers,
that have gears that are completely enclosed, and that have
microswitches that disengage the machinery if the backs or
sides of the rollers are removed, only when all the safeguards
detailed in this subsection are present on the machinery, are
operational, and have not been overridden. However, this
subsection does apply to the setting up, adjusting, repairing,
oiling, or cleaning of pizza dough rollers as described in this
subsection.
11. 10. Occupations involved in the operation Operation of
certain power-driven paper products machines, except loading
balers if the machine is powered off and the key is stored in a
separate area from the machine.
12. 11. Occupations involved in the manufacture
Manufacturing of brick, tile, and related products.
13. 12. Occupations involved in the operation Operation of
circular saws, band saws, and guillotine shears.
-7- 14. 13. Occupations involved in wrecking Wrecking,
demolition, and shipbreaking operations.
15. 14. Occupations involved in roofing Roofing
operations.
16. 15. Excavation occupations.
17. 16. In Work activities in or about foundries; provided
that office, shipping, and assembly area employment shall not
be prohibited by this chapter.
18. 17. Occupations involving the operation Operation of
dry cleaning or dyeing machinery.
19. 18. Occupations Work activities involving exposure to
lead fumes or its compounds, or to dangerous or poisonous dyes
or chemicals.
20. 19. Occupations involving the transmission
Transmission, distribution, or delivery of goods or messages
between the hours of 10:00 p.m.and 5:00 a.m.
19A. Work activities in establishments where nude or
topless dancing is performed.
21. 20. Occupations Work activities prohibited by rules
adopted pursuant to chapter 17A by the labor commissioner
director.
Sec. 9. NEW SECTION. 92.8A Approved career and technical
education, work-based learning, internships, registered
apprenticeship programs, and student learners.
1. The director of the department of workforce development
or department of education may grant an exception from any
provision of section 92.7 or 92.8 for minors sixteen to
seventeen years of age participating in work-based learning
or a school or employer-administered, work-related program
approved by the department of workforce development or the
department of education if all of the following apply:
a. The requestor demonstrates the activity will be performed
under adequate supervision and training.
b. The training includes adequate safety precautions.
c. The terms and conditions of the proposed employment will
-8-not interfere with the health, well-being, or schooling of the
minor enrolled in the approved program.
d. The work is not prohibited under section 92.8, subsection
1, 2, 4, 7, 8, 18, or 19A.
2. Section 92.8 shall not apply to a student in an approved
work-based learning program, registered apprenticeship, career
and technical education program, or student learner program
provided the student is employed under all of the following
conditions:
a. The student is employed in a craft recognized as an
apprenticeable trade or the student is employed under a written
employment agreement.
b. The work of the apprentice or student employee in the
work activities declared particularly hazardous is incidental
to the apprentice’s training.
c. The work is intermittent and for short periods of time
and is under the direct and close supervision of a qualified
and experienced person.
d. Adequate on-the-job training and safety instructions are
in place.
e. The work is not prohibited under section 92.8, subsection
1, 2, 4, 7, 8, 18, or 19A.
3. A minor shall not perform work under this section unless
the director has on file written permission from the minor’s
parent, guardian, or legal custodian, and from the school
administering the program or employer, for the minor to perform
work under this section.
4. An employer shall provide a copy of all training
materials given to a minor performing work under this section
to the minor’s parent, guardian, or legal custodian.
Sec. 10. Section 92.17, subsection 2, Code 2023, is amended
by striking the subsection.
Sec. 11. Section 92.17, subsection 3, Code 2023, is amended
to read as follows:
3. A child from working in any occupation work activity or
-9-business operated by the child’s parents. For the purposes
of this subsection, “child” and “parents” include a foster
child and the child’s foster parents who are licensed by the
department of health and human services.
Sec. 12. Section 92.17, subsection 4, Code 2023, is amended
by striking the subsection and inserting in lieu thereof the
following:
4. A child under sixteen years of age from being employed or
permitted to work, with or without compensation, as a model, if
the written permission of the parent, guardian, or custodian of
the child is obtained prior to the commencement of the work,
and the work complies with the hours permitted in section 92.7.
This subsection does not allow modeling for an unlawful purpose
or modeling that would violate any other law.
Sec. 13. Section 92.17, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 4A. A child under sixteen years of age
from being employed or permitted to work, with or without
compensation, performing in motion pictures, theatrical
productions, or musical performances, if the written permission
of the parent, guardian, or custodian of the child is obtained
prior to the commencement of the work. This subsection
does not allow performing in motion pictures, theatrical
productions, or musical performances for an unlawful purpose
or performing in motion pictures, theatrical productions, or
musical performances that would violate any other law.
Sec. 14. Section 92.19, subsections 2 and 3, Code 2023, are
amended by striking the subsections.
Sec. 15. Section 92.20, subsection 1, Code 2023, is amended
by striking the subsection.
Sec. 16. Section 92.20, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 2A. A person determined to be a sexually
violent predator pursuant to section 229A.7, a person required
to register as a sex offender under chapter 692A, or a person
-10-determined to be a sexually violent predator or required to
register as a sex offender pursuant to similar laws of another
state, shall not employ a person under eighteen years of age
in this state.
Sec. 17. Section 92.21, subsection 1, Code 2023, is amended
to read as follows:
1. The labor commissioner director may adopt rules pursuant
to chapter 17A to more specifically define the occupations
work activities and equipment permitted or prohibited in this
chapter, to determine occupations for which work permits are
required, and to issue general and special orders prohibiting
or allowing the employment of persons under eighteen years
of age in any place of employment defined in this chapter as
hazardous to the health, safety, and welfare of the persons.
Sec. 18. Section 92.22, subsection 1, Code 2023, is amended
to read as follows:
1. The labor commissioner director shall enforce this
chapter. An employer who violates this chapter or the rules
adopted pursuant to this chapter is subject to a civil penalty
of not more than ten thousand dollars for each violation.
The director may waive or reduce a civil penalty based on
evidence the director may obtain. The director shall provide a
fifteen-day grace period before imposing a civil penalty.
Sec. 19. Section 92.23, Code 2023, is amended to read as
follows:
92.23 Group insurance.
Anyone under the age of eighteen and subject to this chapter
employed in the street occupations who sells or delivers work
activities of selling or delivering the product or service
of another and who is designated in such capacity as an
independent contractor shall be provided participation, if the
person under the age of eighteen desires it at group rate cost,
in group insurance for medical, hospital, nursing, and doctor
expenses incurred as a result of injuries sustained arising out
of and in the course of selling or delivering such product or
-11-service by the person, firm, or corporation whose product or
service is so delivered.
Sec. 20. NEW SECTION. 92.24 Employer liability in
work-based learning.
1. For purposes of this section, unless the context
otherwise requires:
a. “Business” means any city, county, or township, including
but not limited to a fire department or law enforcement
office or department, public university, municipal university,
community college, technical college or not-for-profit
private postsecondary educational institution, corporation,
association, partnership, proprietorship, limited liability
company, limited partnership, limited liability partnership,
organization or other legal entity, whether for-profit or
not-for-profit, that does all of the following:
(1) Enters into an agreement with a school district for a
work-based learning program.
(2) Directly supervises a student who is participating in
the work-based learning program, either on the premises of the
business or at another location.
b. “Work-based learning program” means a learning program to
which all of the following apply:
(1) The program includes but is not limited to work-related,
on-the-job training, job shadowing, internships, clinicals,
practicums, registered apprenticeships, co-ops, supervised
agricultural experiences, and industry-led service-learning
projects.
(2) The program is incorporated into secondary coursework
or related to a specific field of study.
(3) The program integrates knowledge and theory learned
in the classroom or other school-approved setting with
the practical application and development of skills and
proficiencies in a professional work setting.
2. A business that accepts a secondary student in a
work-based learning program shall not be subject to civil
-12-liability for any claim for bodily injury to the student or
sickness or death by accident of the student arising from
the student’s driving to or from the business or worksite to
participate in the work-based learning program unless the
student is acting within the course and scope of the student’s
employment at the direction of the business.
3. Any claim for bodily injury to the student or sickness
or death by accident of the student arising from the student’s
participation in the work-based learning program at the
business or worksite shall be recovered exclusively under
chapters 85, 85A, 85B, and 86.
Sec. 21. Section 123.49, subsection 2, paragraph f, Code
2023, is amended to read as follows:
f. (1) Employ a person under eighteen years of age in the
sale or serving of alcoholic beverages for consumption on the
premises where sold.
(2) This paragraph shall not apply if the employer has on
file written permission from the parent, guardian, or legal
custodian of a person sixteen or seventeen years of age for the
person to sell or serve alcoholic beverages for consumption
on the premises where sold. However, a person sixteen or
seventeen years of age shall not work in a bar as defined
in section 142D.2. The employer shall keep a copy of the
written permission on file until the person is either eighteen
years of age or no longer engaged in the sale of or serving
alcoholic beverages for consumption on the premises where
sold. If written permission is on file in accordance with this
paragraph, a person sixteen or seventeen years of age may sell
or serve alcoholic beverages in a restaurant as defined in
section 142D.2 during the hours in which the restaurant serves
food.
(3) A person sixteen or seventeen years of age shall not
sell or serve alcoholic beverages under this paragraph unless
at least two employees eighteen years of age or older are
physically present in the area where alcoholic beverages are
-13-sold or served.
(4) If a person employed under this paragraph reports an
incident of workplace harassment to the employer or if the
employer otherwise becomes aware of such an incident, the
employer shall report the incident to the employee’s parent,
guardian, or legal custodian and to the Iowa civil rights
commission, which shall determine if any action is necessary or
appropriate under chapter 216.
(5) An employer that employs a person under this paragraph
shall require the person to attend training on prevention and
response to sexual harassment upon commencing employment.
(6) Prior to a person commencing employment under this
paragraph, the employer shall notify the employer’s dramshop
liability insurer, in a form and time period prescribed by the
director, that the employer is employing a person under this
paragraph.
Sec. 22. REPEAL. Sections 92.1, 92.2, 92.9, 92.10, 92.11,
92.12, 92.13, 92.14, 92.15, 92.16, and 92.18, Code 2023, are
repealed.
Sec. 23. INTERIM STUDY COMMITTEE — MINOR DRIVER’S LICENSE.
1. The legislative council is requested to establish an
interim study committee to meet during the 2023 legislative
interim to examine policy matters relating to licensed driving
by persons between fourteen and eighteen years of age. The
committee is charged to study and make recommendations
on statutory changes relating to minor driver’s licensing
including but not limited to:
a. Adding a work driving privilege to the current special
minor’s license.
b. Completing traditional or parent-taught driver’s
education.
c. Determining age eligibility for a special minor’s
license.
d. Allowing a minor to drive up to a certain distance for
nonfarm work.
-14- e. Determining the number of minutes before or after the
minor’s scheduled shift in which they can drive.
f. Examining the fifty-mile farm work privilege.
g. Requiring the certifying school to verify the need for
the farm work privilege.
h. Allowing a minor to be eligible for a license even if
they live less than one mile from their school, if they are
employed for farm or nonfarm work.
i. Determining a minor’s point of origin to drive for work.
j. Determining if a minor is permitted to stop for gas in
route to or from work.
k. Determining if a violation of the work driving
privilege is a moving violation, is subject to remedial driver
improvement classes, and is subject to other driving sanctions.
l. Examining any other issues concerning current or future
driving permits regarding persons between fourteen and eighteen
years of age.
2. The study committee shall consist of six voting members
and five ex officio, nonvoting members.
a. The voting members of the committee shall consist of
three members of the senate, two of whom shall be appointed
by the majority leader of the senate and one of whom shall
be appointed by the minority leader of the senate, and three
members of the house of representatives, two of whom shall be
appointed by the speaker of the house of representatives and
one of whom shall be appointed by the minority leader of the
house of representatives.
b. The ex officio, nonvoting members of the committee shall
be composed of the following:
(1) The director of the department of transportation or the
director’s designee.
(2) The director of the department of education or the
director’s designee.
(3) The director of the department of public safety or the
director’s designee.
-15- (4) The director of the department of workforce development
or the director’s designee.
(5) A representative of the insurance industry selected by
the co-chairpersons of the study committee.
3. In the event a tiebreaking vote is needed, the five ex
officio members shall collectively receive a total of one vote
for the purpose of breaking a tie.
4. The study committee shall submit a report with its
findings and recommendations to the general assembly no later
than December 15, 2023.
-16-______________________________
AMY SINCLAIRPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 542, Ninetieth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2023______________________________
KIM REYNOLDSGovernorje/rn/mb