House File 647 - Introduced HOUSE FILE 647 BY COMMITTEE ON COMMERCE (SUCCESSOR TO HSB 134) A BILL FOR An Act relating to youth employment and making penalties 1 applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1838HV (2) 90 je/rn
H.F. 647 Section 1. Section 92.3, Code 2023, is amended to read as 1 follows: 2 92.3 Under fourteen —— work activities not permitted 3 occupations . 4 No person under fourteen years of age shall be employed 5 or permitted to work with or without compensation in any 6 occupation, except in the street occupations or migratory 7 labor occupations specified in section 92.1 work activity . 8 Any migratory laborer twelve to fourteen years of age may not 9 work prior to or during the regular school hours of any day of 10 any private or public school which teaches general education 11 subjects and which is available to such child. 12 Sec. 2. Section 92.4, Code 2023, is amended to read as 13 follows: 14 92.4 Under sixteen —— permitted occupations work activities . 15 No person under sixteen years of age shall be employed 16 or permitted to work with or without compensation in any 17 occupation work activity during regular school hours, except 18 the following work activities : 19 1. Those persons legally out of school, if such status 20 is verified by the submission of written proof to the labor 21 commissioner. 22 2. Those persons working in a supervised school-work 23 program. 24 3. Those persons between the ages of fourteen and sixteen 25 enrolled in school on a part-time basis and who are required to 26 work as a part of their school training. 27 4. Fourteen- and fifteen-year-old migrant laborers during 28 any hours when summer school is in session. 29 Sec. 3. Section 92.5, Code 2023, is amended to read as 30 follows: 31 92.5 Fourteen and fifteen —— permitted occupations work 32 activities . 33 Persons fourteen and fifteen years of age may be employed or 34 permitted to work in the following occupations work activities : 35 -1- LSB 1838HV (2) 90 je/rn 1/ 16
H.F. 647 1. Retail, food service, and gasoline service 1 establishments. 2 2. Office and clerical work, including operation of office 3 machines. 4 3. Cashiering, selling, modeling, art work, work in 5 advertising departments, window trimming, and comparative 6 shopping. 7 4. Price marking and tagging by hand or by machine, 8 assembling orders, packing, and shelving. 9 5. Bagging and carrying out customers’ orders. 10 6. Errand and delivery work by foot, bicycle, and public 11 transportation. 12 7. Cleanup work, including the use of vacuum cleaners and 13 floor waxers, and maintenance of grounds. 14 8. Kitchen work and other work involved in preparing and 15 serving food and beverages, including the cleaning using 16 kitchen cleaning products with required personal protective 17 equipment, operation of machines and devices used in the 18 performance of such work, including but not limited to 19 microwaves, dishwashers, toasters, dumb-waiters, popcorn 20 poppers, milk shake blenders, and coffee grinders. 21 9. a. Work in connection with motor vehicles and trucks if 22 confined to the following: 23 (1) Dispensing gasoline and oil. 24 (2) Courtesy service. 25 (3) Car cleaning, washing, and polishing. 26 b. Nothing in this subsection shall be construed to include 27 work involving the use of pits, racks, or lifting apparatus or 28 involving the inflation of any tire mounted on a rim equipped 29 with a removable retaining ring. 30 10. Cleaning vegetables and fruits, and wrapping, sealing, 31 labeling, weighing, pricing, and stocking goods when . This 32 subsection applies only to work performed in areas that are 33 physically separate from areas , including freezers and coolers, 34 where meat is prepared , for sale and outside freezers or meat 35 -2- LSB 1838HV (2) 90 je/rn 2/ 16
H.F. 647 coolers . 1 11. Loading onto motor vehicles and unloading from motor 2 vehicles of the light, non-power-driven hand tools and personal 3 protective equipment that the minor will use as part of their 4 employment at the work site. Such light tools include but are 5 not limited to rakes, hand-held clippers, shovels, and brooms. 6 Such light tools do not include items such as trash, sales 7 kits, promotion items or items for sale, lawn mowers, or other 8 power-driven lawn maintenance equipment. 9 12. Laundering. 10 13. Work in the production of seed, limited to removal of 11 off-type plants and corn tassels and hand-pollinating from June 12 1 through Labor Day. 13 14. Other work approved by the rules adopted pursuant to 14 chapter 17A by the labor commissioner. 15 Sec. 4. Section 92.6, Code 2023, is amended to read as 16 follows: 17 92.6 Fourteen and fifteen —— occupations work activities not 18 permitted. 19 1. Persons fourteen and fifteen years of age may not be 20 employed in: 21 a. Any manufacturing occupation work activity . 22 b. Any mining occupation work activity . 23 c. Processing occupations work activities , except in a 24 retail, food service, or gasoline service establishment in 25 those specific occupations work activities expressly permitted 26 under the provisions of section 92.5 . 27 d. Occupations Work activities requiring the performance 28 of any duties in workrooms or work places where goods are 29 manufactured, mined, or otherwise processed, except to the 30 extent expressly permitted in retail, food service, or gasoline 31 service establishments under the provisions of section 92.5 . 32 e. Public messenger service. 33 f. Operation or tending of hoisting apparatus or of any 34 power-driven machinery, other than office machines and machines 35 -3- LSB 1838HV (2) 90 je/rn 3/ 16
H.F. 647 in retail, food service, and gasoline service establishments 1 which are specified in section 92.5 as machines which that such 2 minors may operate in such establishments. 3 g. Occupations Work activities prohibited by rules adopted 4 pursuant to chapter 17A by the labor commissioner. 5 h. Occupations Work activities in connection with the 6 following, except office or sales work in connection with these 7 occupations work activities , not performed on transportation 8 media or at the actual construction site: 9 (1) Transportation of persons or property by rail, highway, 10 air, on water, pipeline, or other means. 11 (2) Warehousing and storage. 12 (3) Communications and public utilities. 13 (4) Construction, including repair. 14 i. Any of the following occupations work activities in a 15 retail, food service, or gasoline service establishment: 16 (1) Work performed in or about boiler or engine rooms. 17 (2) Work in connection with maintenance or repair of the 18 establishment, machines, or equipment. 19 (3) Outside window washing that involves working from 20 window sills, and all work requiring the use of ladders, 21 scaffolds, or their substitutes. 22 (4) Cooking except at soda fountains, lunch counters, snack 23 bars, or cafeteria serving counters, and baking. 24 (5) Occupations which Work activities that involve 25 operating, setting up, adjusting, cleaning, oiling, or 26 repairing power-driven food slicers and grinders, food choppers 27 and cutters, and bakery-type mixers. 28 (6) Work in freezers and meat coolers and all work in 29 preparation of meats for sale, except wrapping, sealing, 30 labeling, weighing, pricing, and stocking when performed in 31 other areas. 32 (7) (6) Loading and unloading goods to and from trucks, 33 railroad cars, or conveyors , except as permitted by section 34 92.5, subsection 11 . 35 -4- LSB 1838HV (2) 90 je/rn 4/ 16
H.F. 647 (8) (7) All occupations work activities in warehouses 1 except office and clerical work. 2 j. Laundering, except for the use of a washing machine 3 which has a capacity of less than ten cubic feet and which is 4 designed to reach an internal temperature which does not exceed 5 212 degrees Fahrenheit. 6 2. Nothing in this section shall be construed as prohibiting 7 office, errand, or packaging work when done away from moving 8 machinery. 9 Sec. 5. NEW SECTION . 92.6A Fifteen —— permitted work 10 activities. 11 1. Persons fifteen years of age may be employed or permitted 12 to work in any of the work activities provided in section 92.5 13 in addition to the following work activities: 14 a. Loading and unloading non-power-driven equipment weighing 15 up to thirty pounds into motor vehicles. 16 b. Loading and unloading groceries and other retail items 17 weighing up to thirty pounds into motor vehicles. 18 c. Stocking shelves with items weighing up to thirty pounds. 19 d. If properly licensed, work as a lifeguard or swim 20 instructor at a traditional swimming pool or amusement park. 21 2. The commissioner may issue a waiver of any weight 22 limitations provided in subsection 1 of up to fifty pounds 23 depending on the strength and ability of the fifteen-year-old. 24 3. The commissioner may issue a waiver for a 25 fifteen-year-old to be able to load and unload light 26 power-driven lawn machines based on the ability of the minor if 27 the minor is supervised, the machine is powered off, and the 28 safety key is stored away from the machine. 29 4. The commissioner may issue a waiver for a 30 fifteen-year-old to perform light assembly work as long 31 as the assembly is not performed on machines or in an area with 32 machines. 33 Sec. 6. Section 92.7, Code 2023, is amended to read as 34 follows: 35 -5- LSB 1838HV (2) 90 je/rn 5/ 16
H.F. 647 92.7 Under sixteen —— hours permitted. 1 A person under sixteen years of age shall not be employed 2 with or without compensation, except as provided in sections 3 92.2 92.5 and 92.3 92.6A , before the hour of 7:00 a.m. or after 4 7:00 9:00 p.m., except during the period from June 1 through 5 Labor Day when the hours may be extended to 9:00 11:00 p.m. 6 If such person is employed for a period of five hours or more 7 each day, an intermission of not less than thirty minutes shall 8 be given. Such a person shall not be employed for more than 9 eight hours in one day, exclusive of intermission, and shall 10 not be employed for more than forty hours in one week. The 11 hours of work of persons under sixteen years of age employed 12 outside school hours shall not exceed four six in one day or 13 twenty-eight in one week while school is in session. 14 Sec. 7. NEW SECTION . 92.7A Seventeen —— hours permitted. 15 A person who is seventeen years of age may work the same 16 hours as a person who is eighteen years of age. 17 Sec. 8. Section 92.8, Code 2023, is amended to read as 18 follows: 19 92.8 Under eighteen —— prohibited occupations work 20 activities . 21 No person under eighteen years of age shall be employed 22 or permitted to work with or without compensation at any 23 of the following occupations work activities or business 24 establishments: 25 1. Occupations Work activities in or about plants or 26 establishments manufacturing or storing explosives or articles 27 containing explosive components , except performing light 28 assembly work as long as the assembly is not performed on 29 machines or in an area with machines . 30 2. Occupations of motor vehicle driver and helper. 31 3. 2. Logging occupations Logging and occupations in 32 the operation of any sawmill, lath mill, shingle mill, or 33 cooperage-stock mill. 34 4. 3. Occupations involved in the operation Operation of 35 -6- LSB 1838HV (2) 90 je/rn 6/ 16
H.F. 647 power-driven woodworking machines. 1 5. 4. Occupations Work activities involving exposure to 2 radioactive substances and to ionizing radiations. 3 6. 5. Occupations involved in the operation Operation of 4 elevators and other power-driven hoisting apparatus. 5 7. 6. Occupations involved in the operation Operation of 6 power-driven metal forming, punching, and shearing machines. 7 8. 7. Occupations in connection with Coal mining. 8 9. 8. Occupations Work activities in or about slaughtering 9 and meat packing establishments and rendering plants , provided 10 that work activities in office, shipping, and assembly areas 11 shall not be prohibited by this chapter . 12 10. 9. Occupations involved in the operation Operation 13 of certain power-driven bakery machines. Except as otherwise 14 provided in this subsection , this subsection does not apply to 15 the operation of pizza dough rollers that are a type of dough 16 sheeter that have been constructed with safeguards contained in 17 the basic design so as to prevent fingers, hands, or clothing 18 from being caught in the in-running point of the rollers, 19 that have gears that are completely enclosed, and that have 20 microswitches that disengage the machinery if the backs or 21 sides of the rollers are removed, only when all the safeguards 22 detailed in this subsection are present on the machinery, are 23 operational, and have not been overridden. However, this 24 subsection does apply to the setting up, adjusting, repairing, 25 oiling, or cleaning of pizza dough rollers as described in this 26 subsection . 27 11. 10. Occupations involved in the operation Operation of 28 certain power-driven paper products machines , except loading 29 balers if the machine is powered off and the key is stored in a 30 separate area from the machine . 31 12. 11. Occupations involved in the manufacture 32 Manufacturing of brick, tile, and related products. 33 13. 12. Occupations involved in the operation Operation of 34 circular saws, band saws, and guillotine shears. 35 -7- LSB 1838HV (2) 90 je/rn 7/ 16
H.F. 647 14. 13. Occupations involved in wrecking Wrecking , 1 demolition, and shipbreaking operations. 2 15. 14. Occupations involved in roofing Roofing 3 operations. 4 16. 15. Excavation occupations . 5 17. 16. In Work activities in or about foundries; provided 6 that office, shipping, and assembly area employment shall not 7 be prohibited by this chapter . 8 18. 17. Occupations involving the operation Operation of 9 dry cleaning or dyeing machinery. 10 19. 18. Occupations Work activities involving exposure to 11 lead fumes or its compounds, or to dangerous or poisonous dyes 12 or chemicals. 13 20. 19. Occupations involving the transmission 14 Transmission , distribution, or delivery of goods or messages 15 between the hours of 10:00 p.m. and 5:00 a.m. 16 21. 20. Occupations Work activities prohibited by rules 17 adopted pursuant to chapter 17A by the labor commissioner. 18 Sec. 9. NEW SECTION . 92.8A Approved career and technical 19 education, work-based learning, internships, registered 20 apprenticeship programs, and student learners. 21 1. The director of the department of workforce development 22 or department of education may grant an exception from any 23 provision of section 92.6 or 92.7 for minors fourteen to 24 seventeen years of age participating in work-based learning 25 or a school or employer-administered, work-related program 26 approved by the department of workforce development or the 27 department of education if all of the following apply: 28 a. The requestor demonstrates the activity will be performed 29 under adequate supervision and training. 30 b. The training includes adequate safety precautions. 31 c. The terms and conditions of the proposed employment will 32 not interfere with the health, well-being, or schooling of the 33 minor enrolled in the approved program. 34 2. Section 92.8 shall not apply to a student in an approved 35 -8- LSB 1838HV (2) 90 je/rn 8/ 16
H.F. 647 work-based learning program, registered apprenticeship, career 1 and technical education program, or student learner program 2 provided the student is employed under all of the following 3 conditions: 4 a. The student is employed in a craft recognized as an 5 apprenticeable trade or the student is employed under a written 6 employment agreement. 7 b. The work of the apprentice or student employee in the 8 work activities declared particularly hazardous is incidental 9 to the apprentice’s training. 10 c. The work is intermittent and for short periods of time 11 and is under the direct and close supervision of a qualified 12 and experienced person. 13 d. Adequate on-the-job training and safety instructions are 14 in place. 15 Sec. 10. Section 92.17, subsection 2, Code 2023, is amended 16 by striking the subsection. 17 Sec. 11. Section 92.17, subsection 3, Code 2023, is amended 18 to read as follows: 19 3. A child from working in any occupation work activity or 20 business operated by the child’s parents. For the purposes 21 of this subsection , “child” and “parents” include a foster 22 child and the child’s foster parents who are licensed by the 23 department of health and human services. 24 Sec. 12. Section 92.19, subsections 2 and 3, Code 2023, are 25 amended by striking the subsections. 26 Sec. 13. Section 92.20, subsection 1, Code 2023, is amended 27 by striking the subsection. 28 Sec. 14. Section 92.21, subsection 1, Code 2023, is amended 29 to read as follows: 30 1. The labor commissioner may adopt rules pursuant to 31 chapter 17A to more specifically define the occupations work 32 activities and equipment permitted or prohibited in this 33 chapter , to determine occupations for which work permits are 34 required, and to issue general and special orders prohibiting 35 -9- LSB 1838HV (2) 90 je/rn 9/ 16
H.F. 647 or allowing the employment of persons under eighteen years 1 of age in any place of employment defined in this chapter as 2 hazardous to the health, safety, and welfare of the persons. 3 Sec. 15. Section 92.22, subsection 1, Code 2023, is amended 4 to read as follows: 5 1. The labor commissioner shall enforce this chapter . 6 An employer who violates this chapter or the rules adopted 7 pursuant to this chapter is subject to a civil penalty of 8 not more than ten thousand dollars for each violation. The 9 commissioner may waive or reduce a civil penalty based on 10 evidence the commissioner may obtain. The commissioner shall 11 provide a fifteen-day grace period before imposing a civil 12 penalty. 13 Sec. 16. Section 92.23, Code 2023, is amended to read as 14 follows: 15 92.23 Group insurance. 16 Anyone under the age of eighteen and subject to this chapter 17 employed in the street occupations who sells or delivers work 18 activities of selling or delivering the product or service 19 of another and who is designated in such capacity as an 20 independent contractor shall be provided participation, if the 21 person under the age of eighteen desires it at group rate cost, 22 in group insurance for medical, hospital, nursing, and doctor 23 expenses incurred as a result of injuries sustained arising out 24 of and in the course of selling or delivering such product or 25 service by the person, firm, or corporation whose product or 26 service is so delivered. 27 Sec. 17. NEW SECTION . 92.24 Employer liability in 28 work-based learning. 29 1. For purposes of this section, unless the context 30 otherwise requires: 31 a. “Business” means any city, county, or township, including 32 but not limited to a fire department or law enforcement 33 office or department, public university, municipal university, 34 community college, technical college or not-for-profit 35 -10- LSB 1838HV (2) 90 je/rn 10/ 16
H.F. 647 private postsecondary educational institution, corporation, 1 association, partnership, proprietorship, limited liability 2 company, limited partnership, limited liability partnership, 3 organization or other legal entity, whether for-profit or 4 not-for-profit, that does all of the following: 5 (1) Enters into an agreement with a school district for a 6 work-based learning program. 7 (2) Directly supervises a student who is participating in 8 the work-based learning program, either on the premises of the 9 business or at another location. 10 b. “Work-based learning program” means a learning program to 11 which all of the following apply: 12 (1) The program includes but is not limited to work-related, 13 on-the-job training, job shadowing, internships, clinicals, 14 practicums, registered apprenticeships, co-ops, supervised 15 agricultural experiences, and industry-led service-learning 16 projects. 17 (2) The program is incorporated into secondary coursework 18 or related to a specific field of study. 19 (3) The program integrates knowledge and theory learned 20 in the classroom or other school-approved setting with 21 the practical application and development of skills and 22 proficiencies in a professional work setting. 23 2. A business that accepts a secondary student in a 24 work-based learning program shall not be subject to civil 25 liability for any claim for bodily injury to the student or 26 sickness or death by accident of the student arising from 27 the student’s driving to or from the business or worksite to 28 participate in the work-based learning program unless the 29 student is acting within the course and scope of the student’s 30 employment at the direction of the business. 31 3. Any claim for bodily injury to the student or sickness or 32 death by accident of the student arising from the business’s 33 negligent act or omission during the student’s participation 34 in the work-based learning program at the business or worksite 35 -11- LSB 1838HV (2) 90 je/rn 11/ 16
H.F. 647 shall be recovered exclusively under chapters 85, 85A, 85B, and 1 86. 2 Sec. 18. Section 123.49, subsection 2, paragraph f, Code 3 2023, is amended to read as follows: 4 f. Employ a person under eighteen years of age in the 5 sale or serving of alcoholic beverages for consumption on 6 the premises where sold. This paragraph shall not apply if 7 the employer has on file written permission from the parent, 8 guardian, or legal custodian of a person sixteen or seventeen 9 years of age for the person to sell or serve alcoholic 10 beverages for consumption on the premises where sold. The 11 employer shall keep a copy of the written permission on file 12 until the person is either eighteen years of age or no longer 13 engaged in the sale of or serving alcoholic beverages for 14 consumption on the premises where sold. 15 Sec. 19. Section 321.194, subsection 2, paragraph a, Code 16 2023, is amended by adding the following new subparagraph: 17 NEW SUBPARAGRAPH . (04) If the licensee is employed, the 18 licensee may operate a motor vehicle during the hours of 5:00 19 a.m. to 10:00 p.m. over the most direct and accessible route 20 between the licensee’s residence or school of enrollment and 21 the licensee’s place of employment, provided the driving 22 distance between the licensee’s place of employment and the 23 nearest point on the route on which the licensee is authorized 24 to travel under subparagraph (1), subparagraph division (a), or 25 subparagraph (2), subparagraph division (a), is no more than 26 fifty miles. 27 Sec. 20. Section 321.194, subsection 2, paragraph a, 28 subparagraph (4), Code 2023, is amended to read as follows: 29 (4) To a service station for the purpose of refueling, so 30 long as the service station is the station closest to the route 31 on which the licensee is traveling under subparagraph (1), (2), 32 or (3) , or (04) . 33 Sec. 21. Section 321.194, subsection 3, paragraphs a and b, 34 Code 2023, are amended to read as follows: 35 -12- LSB 1838HV (2) 90 je/rn 12/ 16
H.F. 647 a. Each application shall be accompanied by a statement 1 from the applicant’s school of enrollment or employer . The 2 statement shall be upon a form provided by the department and 3 shall certify that a need exists for the license and that the 4 person signing the statement is not responsible for actions of 5 the applicant which pertain to the use of the driver’s license. 6 (1) If the applicant attends a public school, the 7 certification shall be made by the school board, superintendent 8 of the applicant’s school, or principal, if authorized by the 9 superintendent. 10 (2) If the applicant attends an accredited nonpublic 11 school, the certification shall be made by the authorities in 12 charge of the accredited nonpublic school or a duly authorized 13 representative of the authorities. 14 (3) If the applicant is employed, the certification shall 15 be in the form of an affidavit for minor license signed by the 16 employer and the student’s parent or guardian. 17 b. Upon receipt of a statement of necessity or signed 18 affidavit , the department shall issue the driver’s license 19 provided the applicant is otherwise eligible for issuance of 20 the license. The fact that the applicant resides at a distance 21 less than one mile from the applicant’s school of enrollment 22 is prima facie evidence of the nonexistence of necessity for 23 the issuance of a license. However, the distance between the 24 applicant’s residence and school of enrollment shall not be 25 considered if the applicant resides on a farm or is employed 26 for compensation on a farm . 27 Sec. 22. REPEAL. Sections 92.1, 92.2, 92.9, 92.10, 92.11, 28 92.12, 92.13, 92.14, 92.15, 92.16, and 92.18, Code 2023, are 29 repealed. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to youth employment. 34 CHILD LABOR. The bill includes various amendments to 35 -13- LSB 1838HV (2) 90 je/rn 13/ 16
H.F. 647 Code chapter 92, relating to child labor. The bill strikes 1 provisions providing for child labor permits and migrant 2 child labor permits. The bill strikes provisions allowing 3 certain children under 14 years of age to engage in street 4 occupations. The bill modifies permitted and prohibited 5 work that can be performed by minors 14 to 17 years of age, 6 as well as hours in which work can be performed. The bill 7 strikes penalties for certain actions taken in violation 8 of Code chapter 92 to procure employment for oneself or 9 of another person; other penalties for violations of Code 10 chapter 92 are retained. Under current law, a violation 11 of Code chapter 92 is generally a serious misdemeanor. A 12 serious misdemeanor is punishable by confinement for no more 13 than one year and a fine of at least $430 but not more than 14 $2,560. The bill allows the labor commissioner to waive or 15 reduce a civil penalty under Code chapter 92 based on evidence 16 the commissioner may obtain and requires the commissioner to 17 provide a 15-day grace period before imposing a civil penalty. 18 Under current law, an employer violating Code chapter 92 is 19 subject to a civil penalty of up to $10,000. The bill changes 20 terminology referring to “occupations” to instead refer to 21 “work activities”. 22 The bill allows the director of the department of workforce 23 development or department of education to grant an exception 24 from specified provisions of Code chapter 92 relating to 25 prohibited work activities and work hours for minors 14 to 17 26 years of age participating in work-based learning or a school 27 or employer-administered, work-related program approved by 28 the department of workforce development or the department of 29 education if specified conditions apply. The bill provides 30 that specified prohibitions on work activities are inapplicable 31 to a student in an approved work-based learning program, 32 registered apprenticeship, career and technical education 33 program, or student learner program provided the student is 34 employed under specified conditions. 35 -14- LSB 1838HV (2) 90 je/rn 14/ 16
H.F. 647 The bill provides that a business that accepts a secondary 1 student in a work-based learning program shall not be subject 2 to civil liability for any claim for bodily injury to the 3 student or sickness or death by accident of the student arising 4 from the student’s driving to or from the business or worksite 5 to participate in the work-based learning program unless the 6 student is acting within the course and scope of the student’s 7 employment at the direction of the business. Any claim for 8 bodily injury to the student or sickness or death by accident 9 of the student arising from the business’s negligent act or 10 omission during the student’s participation in the work-based 11 learning program at the business or worksite shall be recovered 12 exclusively under worker’s compensation. 13 ALCOHOLIC BEVERAGES. The bill allows a person 16 to 17 14 years of age to be employed in the sale or serving of alcoholic 15 beverages for on-premises consumption under Code section 123.49 16 if the employer has on file written permission from the parent, 17 guardian, or legal custodian of the person. The employer shall 18 keep a copy of the written permission on file until the person 19 is either 18 years of age or no longer engaged in the sale of 20 or serving alcoholic beverages. 21 A violation of Code section 123.49 is a simple misdemeanor. 22 A simple misdemeanor is punishable by confinement for no more 23 than 30 days and a fine of at least $105 but not more than $855. 24 MOTOR VEHICLE OPERATION. The bill provides that a person 25 holding a special minor’s license under Code section 321.194 26 who is employed may operate a motor vehicle during the hours 27 of 5:00 a.m. to 10:00 p.m. over the most direct and accessible 28 route between the licensee’s residence or school of enrollment 29 and the licensee’s place of employment, provided the driving 30 distance between the licensee’s place of employment and 31 the nearest point on the route on which the licensee is 32 authorized to operate a motor vehicle for purposes of school 33 transportation under current law is no more than 50 miles. 34 The person’s application for a special minor’s license must 35 -15- LSB 1838HV (2) 90 je/rn 15/ 16
H.F. 647 include an affidavit for minor license signed by the employer 1 and the person’s parent or guardian, using a form provided by 2 the department. Other requirements to obtain a special minor’s 3 license under current law are applicable to such a person. 4 Under current law, the fact that an applicant for a special 5 minor’s license resides at a distance less than one mile from 6 the applicant’s school of enrollment is prima facie evidence of 7 the nonexistence of necessity for the issuance of the license. 8 The bill strikes this provision. The bill provides that 9 the distance between an applicant’s residence and school of 10 enrollment shall not be considered if the applicant is employed 11 for compensation. 12 A violation of Code section 321.194 is punishable by a 13 scheduled fine of $70. 14 -16- LSB 1838HV (2) 90 je/rn 16/ 16