Text: HF00595 Text: HF00597 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 92.7A SIXTEEN AND SEVENTEEN – 1 2 HOURS PERMITTED. 1 3 Unless a person sixteen or seventeen years of age agrees 1 4 voluntarily to the employment hours, the person shall not be 1 5 employed with or without compensation, except as provided in 1 6 sections 92.2 and 92.3, before the hour of seven a.m. or after 1 7 nine p.m., except during the period from June 1 through Labor 1 8 Day when the hours may be extended to eleven p.m. If the 1 9 person is employed for a period of five hours or more each 1 10 day, an intermission of not less than thirty minutes shall be 1 11 given. The person shall not be employed for more than eight 1 12 hours in one day exclusive of intermission, and shall not be 1 13 employed for more than forty hours in one week, unless the 1 14 person voluntarily agrees to the employment hours. Unless the 1 15 person voluntarily agrees to the employment hours, the hours 1 16 of work of a person sixteen or seventeen years of age employed 1 17 outside school hours shall not exceed four in one day or 1 18 twenty-eight in one week while school is in session. The 1 19 employment of a person who is sixteen or seventeen years of 1 20 age shall not be terminated because the person refused to work 1 21 beyond the hours specified in this section. 1 22 Sec. 2. Section 92.11, subsection 2, paragraph c, Code 1 23 2001, is amended to read as follows: 1 24 c. In cases where none of the above-named proofs are 1 25 obtainable, a permanent resident card, employment 1 26 authorization card, or a certificate, signed bythe local1 27medical inspector of schools, or if there be no such1 28inspector, then bya physician appointed by the local board of 1 29 education, certifying that in theinspector's orphysician's 1 30 opinion the applicant for the work permit is fourteen years of 1 31 age or more. 1 32 Sec. 3. Section 92.12, Code 2001, is amended to read as 1 33 follows: 1 34 92.12 MIGRANT LABOR PERMITS. 1 35 Every person, firm, or corporation employing migrant 2 1 laborers shall obtain and keep on file, accessible to any 2 2 officer charged with the enforcement of this chapter, a 2 3 special work permit, prior to the employment of such migratory 2 4 laborer. Special work permits for migrant workers shall be 2 5 issued by the superintendent of schools, or the 2 6 superintendent's designee, nearest the temporary living 2 7 quarters of the family, or by the county director of social 2 8 welfare or by the department of workforce development, upon 2 9 application of the parent or head of the migrant family. The 2 10 person authorized to issue such permits for migratory workers 2 11 shall not issue such permit until the person has received, 2 12 examined, and approved one of the following as evidence of 2 13 age: a birth certificate, passport, baptism certificate, 2 14 permanent resident card, employment authorization card, or 2 15 school record. Applicants under fourteen years of age must 2 16 obtain a certificate from a registered nurse or physician 2 17 stating that the applicant for the work permit has reached the 2 18 normal development of a child of the applicant's age and is in 2 19 sufficiently sound health and physically able to perform the 2 20 work for which the permit is sought. One copy of the permit 2 21 issued shall be given to the employer to be kept on file for 2 22 the length of employment and upon termination of employment 2 23 shall be returned to the labor commissioner. One copy of the 2 24 permit shall be kept by the issuing officer, and one copy 2 25 forwarded to the commissioner, along with the certificate of 2 26 fitness of the persons under fourteen years of age. The blank 2 27 forms for the work permit for migratory workers shall be 2 28 formulated by the commissioner and furnished by the 2 29 commissioner to the issuing officer. 2 30 Sec. 4. Section 92.20, Code 2001, is amended to read as 2 31 follows: 2 32 92.20PENALTYVIOLATIONS AND PENALTIES. 2 33 1. VIOLATIONS. The parent, guardian, or person in charge 2 34 of any migratory worker or of any child who shall engage in 2 35 any street occupation in violation of any of the provisions of 3 1 this chapter shall be guilty of a simple misdemeanor. 3 2AnyA person who furnishes or sells to any minor child any 3 3 article of any description when the person knows or should 3 4 have known thatsaidthe minor intends to sell in violation of 3 5 the provisions of this chapter, shall be guilty of a simple 3 6 misdemeanor. 3 7 Any other violation of this chapter for which a penalty is 3 8 not specifically provided, shall be guilty ofis a simple 3 9 misdemeanor. Every day during which any violation of this 3 10 chapter continues shall constitute a separate and distinct 3 11 offense, and the employment of any person in violation of this 3 12 chapter shall, with respect to each person so employed, 3 13 constitute a separate and distinct offense. 3 14 2. CIVIL PENALTY. The labor commissioner may assess a 3 15 civil penalty of up to ten thousand dollars for any willful or 3 16 serious violation of this chapter. For other violations of 3 17 this chapter, the commissioner may also assess a civil penalty 3 18 of up to ten thousand dollars, but only after the commissioner 3 19 issues a written warning notifying a person of a violation of 3 20 this chapter and the violator commits a subsequent similar 3 21 violation. 3 22 The commissioner shall notify a violator of the proposed 3 23 assessment of a civil penalty or issue a written warning by 3 24 certified mail or in the same manner as service of original 3 25 notice. If the violator does not contest the assessment of 3 26 the civil penalty in a timely manner pursuant to chapter 17A, 3 27 the proposed assessment of the civil penalty shall become a 3 28 final order not subject to review by any court or agency. The 3 29 commissioner shall notify the department of revenue and 3 30 finance of the assessment of a civil penalty upon issuance of 3 31 a final order. 3 32 The commissioner may file a petition for enforcement with 3 33 the district court. In such a case, the clerk of court, 3 34 unless otherwise ordered by the court, shall immediately enter 3 35 a decree enforcing the penalty and shall transmit a copy of 4 1 the decree to the commissioner and to the violator. All civil 4 2 penalties collected pursuant to this section shall be 4 3 deposited in the general fund of the state. 4 4 EXPLANATION 4 5 This bill amends several sections of Code chapter 92 4 6 relating to child workers and child migrant workers. The bill 4 7 adds a new Code section 92.7A that applies to child workers 4 8 who are 16 or 17 years of age to provide that those persons 4 9 shall not work before 7 a.m. or after 9 p.m. except from June 4 10 1 through Labor Day and any time that the 16-year-old or 17- 4 11 year-old agrees to the extended hours. Children employed for 4 12 more than five hours at a time are entitled to a half-hour 4 13 intermission. When school is in session, a 16-year-old or 17- 4 14 year-old shall not work more than four hours a day or 28 hours 4 15 per week unless the child voluntarily agrees to longer hours. 4 16 A child's refusal to work longer hours shall not be a reason 4 17 for termination of that child's employment. 4 18 The bill also amends Code sections 92.11 and 92.12 to 4 19 provide that work permits of child migrant workers can be 4 20 obtained with proofs of a permanent resident card or an 4 21 employment authorization card or a certificate from a 4 22 physician that the child can work or is 14 years old. 4 23 The bill also amends Code section 92.20 to provide both 4 24 criminal and civil penalties for violations of Code chapter 4 25 92. Currently, this section only relates to criminal 4 26 penalties. A new paragraph allows the commissioner to impose 4 27 civil penalties of up to $10,000 for any willful or serious 4 28 violation of Code chapter 92. The commissioner may also 4 29 impose a civil penalty of up to $10,000 for any other 4 30 violation of Code chapter 92 if the commissioner first 4 31 notifies the violator that a violation has been committed and 4 32 the violator then commits a subsequent violation. 4 33 The commissioner must notify a person that a civil penalty 4 34 is to be imposed or issue a warning by certified mail, and the 4 35 penalty will become final unless the person contests the 5 1 penalty. The commissioner may also file a petition for 5 2 enforcement of the penalty in district court. Penalties 5 3 collected are to be deposited in the general fund of the 5 4 state. 5 5 LSB 3044YH 79 5 6 av/pj/5
Text: HF00595 Text: HF00597 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed May 9 09:40:40 CDT 2001
URL: /DOCS/GA/79GA/Legislation/HF/00500/HF00596/010313.html
jhf