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: 4 TLSB 5314DP (5) 84 je/sc
S.F. _____ H.F. _____ 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. 35 -1- LSB 5314DP (5) 84 je/sc 1/ 7
S.F. _____ H.F. _____ 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 35 -2- LSB 5314DP (5) 84 je/sc 2/ 7
S.F. _____ H.F. _____ 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, 35 -3- LSB 5314DP (5) 84 je/sc 3/ 7
S.F. _____ H.F. _____ 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 35 -4- LSB 5314DP (5) 84 je/sc 4/ 7
S.F. _____ H.F. _____ 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 35 -5- LSB 5314DP (5) 84 je/sc 5/ 7
S.F. _____ H.F. _____ 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 35 -6- LSB 5314DP (5) 84 je/sc 6/ 7
S.F. _____ H.F. _____ 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. 8 -7- LSB 5314DP (5) 84 je/sc 7/ 7