House
Study
Bill
546
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
WORKFORCE
DEVELOPMENT
BILL)
A
BILL
FOR
An
Act
relating
to
child
labor
requirements
administered
by
1
the
labor
commissioner,
making
penalties
applicable,
and
2
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
92.1,
Code
2011,
is
amended
to
read
as
1
follows:
2
92.1
Street
occupations
——
migratory
labor
.
3
1.
No
A
person
under
ten
twelve
years
of
age
shall
not
be
4
employed
or
permitted
to
work
with
or
without
compensation
5
at
any
time
within
this
state
in
street
occupations
of
6
peddling,
shoe
polishing,
the
distribution
or
sale
of
7
newspapers,
magazines,
periodicals
or
circulars,
nor
in
any
8
other
occupations
in
any
street
or
public
place.
The
labor
9
commissioner
shall,
when
ordered
by
a
judge
of
the
juvenile
10
court,
issue
a
work
permit
as
provided
in
this
chapter
to
a
11
person
under
ten
years
of
age.
12
2.
No
person
under
twelve
years
of
age
shall
be
employed
13
or
permitted
to
work
with
or
without
compensation
at
any
time
14
within
this
state
in
connection
with
migratory
labor,
except
15
that
the
labor
commissioner
may
upon
sufficient
showing
by
a
16
judge
of
the
juvenile
court,
issue
a
work
permit
as
provided
in
17
this
chapter
to
a
person
under
twelve
years
of
age.
18
Sec.
2.
Section
92.2,
Code
2011,
is
amended
to
read
as
19
follows:
20
92.2
Over
ten
twelve
and
under
sixteen
years
of
age.
21
1.
A
person
over
ten
twelve
and
under
sixteen
years
of
age
22
cannot
be
employed,
with
or
without
compensation,
in
street
23
occupations
or
migratory
labor
as
defined
in
section
92.1
,
24
unless
the
person
holds
a
child
labor
work
permit
issued
25
pursuant
to
this
chapter
and
the
school
the
person
attends
has
26
certified
that
the
person
is
regularly
attending
school
and
27
the
potential
employment
will
not
interfere
with
the
person’s
28
progress
in
school.
A
written
agreement,
as
defined
in
section
29
92.11,
subsection
1
,
shall
not
be
required
for
the
issuance
of
30
a
work
permit
under
this
section
.
31
a.
Notwithstanding
section
92.7
,
a
person
with
a
permit
to
32
engage
in
migratory
labor
shall
only
work
between
5:00
a.m.
and
33
7:30
p.m.
from
Labor
Day
through
June
1,
and
between
5:00
a.m.
34
and
9:00
p.m.
for
the
remainder
of
the
year.
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b.
2.
Notwithstanding
section
92.7
,
a
person
with
a
permit
1
to
engage
engaged
in
street
occupations
shall
only
work
between
2
4:00
a.m.
and
7:30
p.m.
when
local
public
schools
are
in
3
session
and
between
4:00
a.m.
and
8:30
p.m.
for
the
remainder
4
of
the
year.
5
2.
The
requirements
of
section
92.10
shall
not
apply
to
6
a
person,
firm,
or
corporation
employing
a
person
engaged
in
7
street
occupations
pursuant
to
this
section
.
8
Sec.
3.
Section
92.3,
Code
2011,
is
amended
to
read
as
9
follows:
10
92.3
Under
fourteen
——
permitted
occupations.
11
No
A
person
under
fourteen
years
of
age
shall
not
be
employed
12
or
permitted
to
work
with
or
without
compensation
in
any
13
occupation,
except
in
the
street
trade
occupations
or
migratory
14
labor
occupations
specified
in
section
92.1
.
Any
migratory
15
laborer
twelve
to
fourteen
years
of
age
may
not
work
prior
to
16
or
during
the
regular
school
hours
of
any
day
of
any
private
17
or
public
school
which
teaches
general
education
subjects
and
18
which
is
available
to
such
child.
19
Sec.
4.
Section
92.4,
subsection
4,
Code
2011,
is
amended
by
20
striking
the
subsection.
21
Sec.
5.
Section
92.8,
subsection
19,
Code
2011,
is
amended
22
to
read
as
follows:
23
19.
Occupations
involving
exposure
to
lead
fumes
or
its
24
compounds,
or
to
dangerous
or
poisonous
dyes
or
hazardous
25
chemicals.
26
Sec.
6.
Section
92.10,
Code
2011,
is
amended
to
read
as
27
follows:
28
92.10
Permit
on
file.
29
Except
as
provided
in
section
92.2
,
a
person
under
sixteen
30
years
of
age
shall
not
be
employed
or
permitted
to
work
with
or
31
without
compensation
unless
the
person,
firm,
or
corporation
32
employing
such
person
receives
and
keeps
on
file
accessible
33
to
any
officer
charged
with
the
enforcement
of
this
chapter
,
34
a
work
permit
issued
as
provided
in
this
chapter
,
and
keeps
a
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complete
list
of
the
names
and
ages
of
all
such
persons
under
1
sixteen
years
of
age
employed.
An
employer
may
complete
and
2
file
a
child
labor
work
permit
for
an
employee
sixteen
years
of
3
age
or
older.
4
Certificates
of
age
shall
be
issued
for
persons
sixteen
and
5
seventeen
years
of
age
and
for
all
other
persons
eighteen
and
6
over
upon
request
of
the
person’s
prospective
employer.
7
Sec.
7.
Section
92.11,
Code
2011,
is
amended
by
striking
the
8
section
and
inserting
in
lieu
thereof
the
following:
9
92.11
Issuance
and
revocation
of
child
labor
work
permits.
10
1.
The
labor
commissioner
shall
develop
and
post
on
the
11
division
of
labor
services’
internet
site
all
of
the
following:
12
a.
A
child
labor
work
permit
form
as
provided
by
this
13
section.
14
b.
Information
about
the
hours
and
occupation
limitations
as
15
provided
by
this
chapter.
16
c.
An
affidavit
that
may
be
completed
by
a
licensed
17
physician
when
no
other
proof
of
age
is
available.
18
2.
Using
the
form
created
by
the
labor
commissioner,
the
19
child
shall
complete
the
child’s
name,
age,
address,
date
20
of
birth,
place
of
birth,
and
gender,
and
shall
sign
the
21
form.
The
child
shall
provide
to
the
employer
evidence
of
age
22
consisting
of
one
of
the
following
forms
of
proof
in
descending
23
order
of
preference:
24
a.
A
certified
copy
of
the
child’s
birth
certificate
legally
25
filed
with
a
registrar
of
vital
statistics
or
other
officer
26
charged
with
the
duty
of
recording
births.
27
b.
A
passport.
28
c.
Official
documentation
issued
by
the
state
or
federal
29
government
that
includes
the
child’s
age.
30
d.
An
affidavit
on
a
form
available
from
the
labor
31
commissioner
signed
by
a
licensed
physician
stating
how
old
the
32
physician
believes
the
child
to
be.
33
3.
A
parent,
guardian,
or
custodian
of
the
child
shall
34
complete
the
parent’s,
guardian’s,
or
custodian’s
name,
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address,
and
telephone
number,
and
shall
sign
the
form.
1
4.
The
employer
shall
complete
the
business
name,
address,
2
and
telephone
number.
The
employer
shall
review
the
relevant
3
limitations
on
hours
and
occupations
as
set
forth
in
this
4
chapter.
The
employer
shall
personally
view
the
evidence
of
5
the
child’s
age
and
shall
make
a
copy
of
the
proof
of
age
and
6
keep
it
on
file.
The
employer
shall
sign
the
child
labor
work
7
permit
including
certification
of
each
of
the
following:
8
a.
The
employer
has
viewed
and
copied
the
child’s
proof
of
9
age.
10
b.
The
employer
has
read
and
understands
the
hours
and
11
occupation
limitations
pertaining
to
the
child.
12
c.
The
employer
agrees
not
to
employ
the
child
in
a
manner
13
inconsistent
with
the
hours
and
occupation
limitations.
14
d.
The
information
on
the
child
labor
work
permit
is
true
15
and
accurate.
16
e.
The
employer
understands
that
criminal
and
civil
17
penalties
may
result
from
violations
of
this
chapter.
18
5.
The
employer
shall
make
at
least
three
copies
of
the
19
completed
child
labor
work
permit.
The
employer
shall
provide
20
one
copy
of
the
completed
child
labor
work
permit
to
the
child
21
and
one
copy
to
the
parent,
guardian,
or
custodian.
The
22
employer
shall
retain
at
least
one
copy
of
the
completed
child
23
labor
work
permit.
24
6.
The
employer
shall
file
the
original,
completed
child
25
labor
work
permit
with
the
labor
commissioner.
The
child
may
26
begin
work
upon
filing
of
the
permit.
The
labor
commissioner
27
may
contact
the
employer
regarding
correcting
deficiencies
in
28
the
child
labor
work
permit.
If
the
employer
does
not
make
29
needed
corrections
within
seven
days,
the
labor
commissioner
30
may
initiate
revocation
proceedings.
31
7.
The
labor
commissioner
may
revoke
a
child
labor
work
32
permit
upon
good
cause
in
accordance
with
the
provisions
of
33
chapter
17A.
34
Sec.
8.
Section
92.17,
subsections
3
and
6,
Code
2011,
are
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amended
to
read
as
follows:
1
3.
Work
in
the
production
of
seed,
limited
to
removal
of
2
off-type
plants,
corn
tassels
and
hand-pollinating
during
the
3
months
of
June,
July
,
and
August
by
persons
fourteen
years
of
4
age
or
over,
and
part-time
work
in
agriculture
,
not
including
5
migratory
labor
.
6
6.
A
juvenile
court
from
ordering
a
child
at
least
twelve
7
years
old
to
complete
a
work
assignment
of
value
to
the
state
8
or
to
the
public
or
to
the
victim
of
a
crime
committed
by
9
the
child,
in
accordance
with
section
232.52,
subsection
2
,
10
paragraph
“a”
.
11
Sec.
9.
Section
92.20,
subsection
1,
Code
2011,
is
amended
12
to
read
as
follows:
13
1.
The
parent,
guardian,
or
person
in
charge
of
any
14
migratory
worker
or
of
any
child
who
engages
in
any
street
15
occupation
in
violation
of
any
of
the
provisions
of
this
16
chapter
shall
be
guilty
of
a
serious
misdemeanor.
17
Sec.
10.
Section
92.22,
Code
2011,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
8.
The
commissioner
may
file
a
petition
for
20
enforcement
concerning
a
civil
penalty
that
is
final
pursuant
21
to
chapter
17A.
The
clerk
of
court,
unless
otherwise
ordered
22
by
the
court,
shall
forthwith
enter
a
decree
and
shall
transmit
23
a
copy
of
the
decree
to
the
commissioner
and
the
employer
named
24
in
the
petition.
25
Sec.
11.
REPEAL.
Sections
92.12,
92.13,
92.14,
92.15,
26
92.16,
and
92.18,
Code
2011,
are
repealed.
27
Sec.
12.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
28
2013.
29
EXPLANATION
30
This
bill
makes
various
changes
to
child
labor
requirements
31
administered
by
the
labor
commissioner
under
Code
chapter
92.
32
The
bill
removes
all
specific
references
in
Code
chapter
33
92
to
migratory
labor,
which
is
defined
to
include
any
person
34
who
customarily
and
repeatedly
travels
from
state
to
state
for
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the
purpose
of
obtaining
seasonal
employment.
The
general
1
provisions
of
Code
chapter
92
remain
applicable
to
such
2
activity.
3
The
bill
raises
the
age
at
which
a
child
may
engage
in
street
4
occupations
such
as
newspaper
delivery
from
10
to
12
years
of
5
age.
The
bill
removes
an
exemption
for
street
occupations
from
6
the
work
permitting
process.
7
The
bill
removes
a
provision
requiring
an
issuing
officer
to
8
issue
certificates
of
age.
9
The
bill
revises
the
process
for
the
issuance
of
work
permits
10
for
child
labor.
The
bill
removes
the
responsibility
of
a
11
superintendent
of
schools
or
other
school
official
to
issue
a
12
work
permit.
Under
the
bill,
a
child
may
begin
work
upon
the
13
child’s
employer
filing
a
completed
work
permit
form
with
the
14
labor
commissioner.
The
commissioner
may
contact
the
employer
15
regarding
any
deficiencies
in
the
form,
and
the
employer
will
16
have
seven
days
to
make
any
corrections.
The
commissioner
may
17
revoke
a
work
permit
for
good
cause
in
accordance
with
Code
18
chapter
17A,
the
Iowa
administrative
procedure
Act.
The
bill
19
sets
out
the
information
that
must
be
included
on
a
work
permit
20
form,
including
identifying
information,
contact
information,
21
and
proof
of
age.
The
bill
specifies
that
certain
parts
of
a
22
work
permit
form
are
to
be
filled
out
by
the
child;
the
child’s
23
parent,
guardian,
or
custodian;
and
the
child’s
employer.
The
24
bill
requires
an
employer
to
verify
the
child’s
age,
and
to
25
review
and
agree
to
obey
the
requirements
of
Code
chapter
92.
26
The
bill
removes
from
the
information
required
on
a
work
permit
27
form
the
child’s
work
hours
and
duties,
height,
weight,
hair
28
color,
eye
color,
and
last
grade
completed.
The
bill
allows
an
29
employer
to
fill
out
a
work
permit
for
an
employee
16
years
of
30
age
or
older.
31
Code
chapter
92
provides
that
it
is
not
to
be
construed
to
32
prohibit
a
juvenile
court
from
ordering
a
child
at
least
12
33
years
old
to
complete
a
work
assignment
of
value
to
the
state
34
or
to
the
public
or
to
the
victim
of
a
crime
committed
by
the
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child.
The
bill
removes
this
age
limitation.
1
The
bill
allows
the
labor
commissioner
to
file
a
petition
2
for
enforcement
for
a
civil
penalty
if
the
penalty
is
final
3
pursuant
to
Code
chapter
17A
and
to
promptly
receive
an
4
enforcement
decree.
5
The
bill
makes
additional
technical
changes
to
Code
chapter
6
92.
7
The
bill
takes
effect
January
1,
2013.
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