Senate File 542 - Introduced SENATE FILE 542 BY COMMITTEE ON WORKFORCE (SUCCESSOR TO SF 167) 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 1838SV (2) 90 je/rn
S.F. 542 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 1838SV (2) 90 je/rn 1/ 16
S.F. 542 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 performed 32 in areas physically separate from areas where meat is prepared, 33 for sale and outside including momentary work in freezers or 34 and meat coolers. 35 -2- LSB 1838SV (2) 90 je/rn 2/ 16
S.F. 542 11. Loading onto motor vehicles and unloading from motor 1 vehicles of the light, non-power-driven hand tools and personal 2 protective equipment that the minor will use as part of their 3 employment at the work site. Such light tools include but are 4 not limited to rakes, hand-held clippers, shovels, and brooms. 5 Such light tools do not include items such as trash, sales 6 kits, promotion items or items for sale, lawn mowers, or other 7 power-driven lawn maintenance equipment. 8 12. Laundering. 9 13. Work in the production of seed, limited to removal of 10 off-type plants and corn tassels and hand-pollinating from June 11 1 through Labor Day. 12 14. Other work approved by the rules adopted pursuant to 13 chapter 17A by the labor commissioner. 14 Sec. 4. Section 92.6, Code 2023, is amended to read as 15 follows: 16 92.6 Fourteen and fifteen —— occupations work activities not 17 permitted. 18 1. Persons fourteen and fifteen years of age may not be 19 employed in: 20 a. Any manufacturing occupation work activity . 21 b. Any mining occupation work activity . 22 c. Processing occupations work activities , except in a 23 retail, food service, or gasoline service establishment in 24 those specific occupations work activities expressly permitted 25 under the provisions of section 92.5 . 26 d. Occupations Work activities requiring the performance 27 of any duties in workrooms or work places where goods are 28 manufactured, mined, or otherwise processed, except to the 29 extent expressly permitted in retail, food service, or gasoline 30 service establishments under the provisions of section 92.5 . 31 e. Public messenger service. 32 f. Operation or tending of hoisting apparatus or of any 33 power-driven machinery, other than office machines and machines 34 in retail, food service, and gasoline service establishments 35 -3- LSB 1838SV (2) 90 je/rn 3/ 16
S.F. 542 which are specified in section 92.5 as machines which that such 1 minors may operate in such establishments. 2 g. Occupations Work activities prohibited by rules adopted 3 pursuant to chapter 17A by the labor commissioner. 4 h. Occupations Work activities in connection with the 5 following, except office or sales work in connection with these 6 occupations work activities , not performed on transportation 7 media or at the actual construction site: 8 (1) Transportation of persons or property by rail, highway, 9 air, on water, pipeline, or other means. 10 (2) Warehousing and storage. 11 (3) Communications and public utilities. 12 (4) Construction, including repair. 13 i. Any of the following occupations work activities in a 14 retail, food service, or gasoline service establishment: 15 (1) Work performed in or about boiler or engine rooms. 16 (2) Work in connection with maintenance or repair of the 17 establishment, machines, or equipment. 18 (3) Outside window washing that involves working from 19 window sills, and all work requiring the use of ladders, 20 scaffolds, or their substitutes. 21 (4) Cooking except at soda fountains, lunch counters, snack 22 bars, or cafeteria serving counters, and baking. 23 (5) Occupations which Work activities that involve 24 operating, setting up, adjusting, cleaning, oiling, or 25 repairing power-driven food slicers and grinders, food choppers 26 and cutters, and bakery-type mixers. 27 (6) Work in freezers and meat coolers and all work in 28 preparation of meats for sale, except wrapping, sealing, 29 labeling, weighing, pricing, and stocking when performed in 30 other areas. 31 (7) (6) Loading and unloading goods to and from trucks, 32 railroad cars, or conveyors , except as permitted by section 33 92.5, subsection 11 . 34 (8) (7) All occupations work activities in warehouses 35 -4- LSB 1838SV (2) 90 je/rn 4/ 16
S.F. 542 except office and clerical work. 1 j. Laundering, except for the use of a washing machine 2 which has a capacity of less than ten cubic feet and which is 3 designed to reach an internal temperature which does not exceed 4 212 degrees Fahrenheit. 5 2. Nothing in this section shall be construed as prohibiting 6 office, errand, or packaging work when done away from moving 7 machinery. 8 Sec. 5. NEW SECTION . 92.6A Fifteen —— permitted work 9 activities. 10 1. Persons fifteen years of age may be employed or permitted 11 to work in any of the work activities provided in section 92.5 12 in addition to the following work activities: 13 a. Loading and unloading non-power-driven equipment weighing 14 up to thirty pounds into motor vehicles. 15 b. Loading and unloading groceries and other retail items 16 weighing up to thirty pounds into motor vehicles. 17 c. Stocking shelves with items weighing up to thirty pounds. 18 d. If properly licensed, work as a lifeguard or swim 19 instructor at a traditional swimming pool or amusement park. 20 2. The commissioner may issue a waiver of any weight 21 limitations provided in subsection 1 of up to fifty pounds 22 depending on the strength and ability of the fifteen-year-old. 23 3. The commissioner may issue a waiver for a 24 fifteen-year-old to be able to load and unload light 25 power-driven lawn machines based on the ability of the minor if 26 the minor is supervised, the machine is powered off, and the 27 safety key is stored away from the machine. 28 4. The commissioner may issue a waiver for a 29 fifteen-year-old to perform light assembly work as long 30 as the assembly is not performed on machines or in an area with 31 machines. 32 Sec. 6. Section 92.7, Code 2023, is amended to read as 33 follows: 34 92.7 Under sixteen —— hours permitted. 35 -5- LSB 1838SV (2) 90 je/rn 5/ 16
S.F. 542 A person under sixteen years of age shall not be employed 1 with or without compensation, except as provided in sections 2 92.2 92.5 and 92.3 92.6A , before the hour of 7:00 a.m. or after 3 7:00 9:00 p.m., except during the period from June 1 through 4 Labor Day when the hours may be extended to 9:00 11:00 p.m. 5 If such person is employed for a period of five hours or more 6 each day, an intermission of not less than thirty minutes shall 7 be given. Such a person shall not be employed for more than 8 eight hours in one day, exclusive of intermission, and shall 9 not be employed for more than forty hours in one week. The 10 hours of work of persons under sixteen years of age employed 11 outside school hours shall not exceed four six in one day or 12 twenty-eight in one week while school is in session. 13 Sec. 7. NEW SECTION . 92.7A Sixteen and seventeen —— hours 14 permitted. 15 A person who is sixteen or seventeen years of age may work 16 the same 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 for the following: 28 a. Performing light assembly work as long as the assembly is 29 not performed on machines or in an area with machines. 30 b. Selling or assisting in the sale of consumer fireworks in 31 accordance with section 100.19. 32 2. Occupations of motor vehicle driver and helper. 33 3. 2. Logging occupations Logging and occupations in 34 the operation of any sawmill, lath mill, shingle mill, or 35 -6- LSB 1838SV (2) 90 je/rn 6/ 16
S.F. 542 cooperage-stock mill. 1 4. 3. Occupations involved in the operation Operation of 2 power-driven woodworking machines. 3 5. 4. Occupations Work activities involving exposure to 4 radioactive substances and to ionizing radiations. 5 6. 5. Occupations involved in the operation Operation of 6 elevators and other power-driven hoisting apparatus. 7 7. 6. Occupations involved in the operation Operation of 8 power-driven metal forming, punching, and shearing machines. 9 8. 7. Occupations in connection with mining Mining . 10 9. 8. Occupations Work activities in or about slaughtering 11 and meat packing establishments and rendering plants. 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 1838SV (2) 90 je/rn 7/ 16
S.F. 542 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, 92.7, or 92.8 for minors fourteen 24 to 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 d. The work is not prohibited under section 92.6, subsection 35 -8- LSB 1838SV (2) 90 je/rn 8/ 16
S.F. 542 1, paragraph “b” , or section 92.8, subsection 1, 2, 4, 7, 8, or 1 18. 2 2. Section 92.8 shall not apply to a student in an approved 3 work-based learning program, registered apprenticeship, career 4 and technical education program, or student learner program 5 provided the student is employed under all of the following 6 conditions: 7 a. The student is employed in a craft recognized as an 8 apprenticeable trade or the student is employed under a written 9 employment agreement. 10 b. The work of the apprentice or student employee in the 11 work activities declared particularly hazardous is incidental 12 to the apprentice’s training. 13 c. The work is intermittent and for short periods of time 14 and is under the direct and close supervision of a qualified 15 and experienced person. 16 d. Adequate on-the-job training and safety instructions are 17 in place. 18 e. The work is not prohibited under section 92.8, subsection 19 1, 2, 4, 7, 8, or 18. 20 3. A minor shall not perform work under this section 21 unless the commissioner has on file written permission from 22 the minor’s parent, guardian, or legal custodian, and from the 23 school administering the program or employer, for the minor to 24 perform work under this section. 25 Sec. 10. Section 92.17, subsections 2 and 4, Code 2023, are 26 amended by striking the subsections. 27 Sec. 11. Section 92.17, subsection 3, Code 2023, is amended 28 to read as follows: 29 3. A child from working in any occupation work activity or 30 business operated by the child’s parents. For the purposes 31 of this subsection , “child” and “parents” include a foster 32 child and the child’s foster parents who are licensed by the 33 department of health and human services. 34 Sec. 12. Section 92.19, subsections 2 and 3, Code 2023, are 35 -9- LSB 1838SV (2) 90 je/rn 9/ 16
S.F. 542 amended by striking the subsections. 1 Sec. 13. Section 92.20, subsection 1, Code 2023, is amended 2 by striking the subsection. 3 Sec. 14. Section 92.21, subsection 1, Code 2023, is amended 4 to read as follows: 5 1. The labor commissioner may adopt rules pursuant to 6 chapter 17A to more specifically define the occupations work 7 activities and equipment permitted or prohibited in this 8 chapter , to determine occupations for which work permits are 9 required, and to issue general and special orders prohibiting 10 or allowing the employment of persons under eighteen years 11 of age in any place of employment defined in this chapter as 12 hazardous to the health, safety, and welfare of the persons. 13 Sec. 15. Section 92.22, subsection 1, Code 2023, is amended 14 to read as follows: 15 1. The labor commissioner shall enforce this chapter . 16 An employer who violates this chapter or the rules adopted 17 pursuant to this chapter is subject to a civil penalty of 18 not more than ten thousand dollars for each violation. The 19 commissioner may waive or reduce a civil penalty based on 20 evidence the commissioner may obtain. The commissioner shall 21 provide a fifteen-day grace period before imposing a civil 22 penalty. 23 Sec. 16. Section 92.23, Code 2023, is amended to read as 24 follows: 25 92.23 Group insurance. 26 Anyone under the age of eighteen and subject to this chapter 27 employed in the street occupations who sells or delivers work 28 activities of selling or delivering the product or service 29 of another and who is designated in such capacity as an 30 independent contractor shall be provided participation, if the 31 person under the age of eighteen desires it at group rate cost, 32 in group insurance for medical, hospital, nursing, and doctor 33 expenses incurred as a result of injuries sustained arising out 34 of and in the course of selling or delivering such product or 35 -10- LSB 1838SV (2) 90 je/rn 10/ 16
S.F. 542 service by the person, firm, or corporation whose product or 1 service is so delivered. 2 Sec. 17. NEW SECTION . 92.24 Employer liability in 3 work-based learning. 4 1. For purposes of this section, unless the context 5 otherwise requires: 6 a. “Business” means any city, county, or township, including 7 but not limited to a fire department or law enforcement 8 office or department, public university, municipal university, 9 community college, technical college or not-for-profit 10 private postsecondary educational institution, corporation, 11 association, partnership, proprietorship, limited liability 12 company, limited partnership, limited liability partnership, 13 organization or other legal entity, whether for-profit or 14 not-for-profit, that does all of the following: 15 (1) Enters into an agreement with a school district for a 16 work-based learning program. 17 (2) Directly supervises a student who is participating in 18 the work-based learning program, either on the premises of the 19 business or at another location. 20 b. “Work-based learning program” means a learning program to 21 which all of the following apply: 22 (1) The program includes but is not limited to work-related, 23 on-the-job training, job shadowing, internships, clinicals, 24 practicums, registered apprenticeships, co-ops, supervised 25 agricultural experiences, and industry-led service-learning 26 projects. 27 (2) The program is incorporated into secondary coursework 28 or related to a specific field of study. 29 (3) The program integrates knowledge and theory learned 30 in the classroom or other school-approved setting with 31 the practical application and development of skills and 32 proficiencies in a professional work setting. 33 2. A business that accepts a secondary student in a 34 work-based learning program shall not be subject to civil 35 -11- LSB 1838SV (2) 90 je/rn 11/ 16
S.F. 542 liability for any claim for bodily injury to the student or 1 sickness or death by accident of the student arising from 2 the student’s driving to or from the business or worksite to 3 participate in the work-based learning program unless the 4 student is acting within the course and scope of the student’s 5 employment at the direction of the business. 6 3. Any claim for bodily injury to the student or sickness or 7 death by accident of the student arising from the business’s 8 negligent act or omission during the student’s participation 9 in the work-based learning program at the business or worksite 10 shall be recovered exclusively under chapters 85, 85A, 85B, and 11 86. 12 Sec. 18. Section 123.49, subsection 2, paragraph f, Code 13 2023, is amended to read as follows: 14 f. Employ a person under eighteen years of age in the 15 sale or serving of alcoholic beverages for consumption on 16 the premises where sold. This paragraph shall not apply if 17 the employer has on file written permission from the parent, 18 guardian, or legal custodian of a person sixteen or seventeen 19 years of age for the person to sell or serve alcoholic 20 beverages for consumption on the premises where sold. The 21 employer shall keep a copy of the written permission on file 22 until the person is either eighteen years of age or no longer 23 engaged in the sale of or serving alcoholic beverages for 24 consumption on the premises where sold. 25 Sec. 19. Section 321.180B, subsection 1, paragraph c, Code 26 2023, is amended by adding the following new subparagraph: 27 NEW SUBPARAGRAPH . (3) (a) If the permittee is employed, 28 the permittee may operate a motor vehicle to and from work 29 without an accompanying driver no earlier than forty-five 30 minutes prior to the start of the permittee’s work shift and no 31 later than forty—five minutes after the end of the permittee’s 32 work shift, during the hours authorized under section 92.7, 33 provided the driving distance between the point of origin 34 and the destination is no more than twenty—five miles, the 35 -12- LSB 1838SV (2) 90 je/rn 12/ 16
S.F. 542 location of the establishment is a fixed location and is the 1 only location at which the permittee is authorized to work for 2 the employer, the permittee carries the document required under 3 subparagraph division (c) during travel, and the travel is for 4 purposes of getting to or from the location for employment. 5 (b) If traveling without an accompanying driver, the 6 permittee shall not transport any passengers. 7 (c) Before operating under this subparagraph, the permittee 8 shall submit a document signed by the student’s parent or 9 guardian and the student’s employer authorizing the permittee 10 to operate under this subparagraph to the department. 11 Sec. 20. Section 321.180B, subsection 7, Code 2023, is 12 amended to read as follows: 13 7. Citations for violation of restrictions. A person who 14 violates the restrictions imposed under subsection 1, 2, or 15 6 may be issued a citation under this section and shall not 16 be issued a citation under section 321.193 . A Except for 17 violations of subsection 1, paragraph “c” , subparagraph (3), a 18 violation of the restrictions imposed under subsection 1, 2, 19 or 6 shall not be considered a moving violation. A violation 20 of subsection 1, paragraph “c” , subparagraph (3), shall be 21 considered a moving violation. 22 Sec. 21. Section 805.8A, subsection 4, paragraph e, Code 23 2023, is amended to read as follows: 24 e. (1) Section 321.180B , other than section 321.180B, 25 subsection 1, paragraph “c” , subparagraph (3) . . . . . $ 70. 26 (2) Section 321.180B, subsection 1, paragraph “c” , 27 subparagraph (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $200. 28 Sec. 22. REPEAL. Sections 92.1, 92.2, 92.9, 92.10, 92.11, 29 92.12, 92.13, 92.14, 92.15, 92.16, and 92.18, Code 2023, are 30 repealed. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to youth employment. 35 -13- LSB 1838SV (2) 90 je/rn 13/ 16
S.F. 542 CHILD LABOR. The bill includes various amendments to 1 Code chapter 92, relating to child labor. The bill strikes 2 provisions providing for child labor permits and migrant 3 child labor permits. The bill strikes provisions allowing 4 certain children under 14 years of age to engage in street 5 occupations. The bill modifies permitted and prohibited 6 work that can be performed by minors 14 to 17 years of age, 7 as well as hours in which work can be performed. The bill 8 strikes penalties for certain actions taken in violation 9 of Code chapter 92 to procure employment for oneself or 10 of another person; other penalties for violations of Code 11 chapter 92 are retained. Under current law, a violation 12 of Code chapter 92 is generally a serious misdemeanor. A 13 serious misdemeanor is punishable by confinement for no more 14 than one year and a fine of at least $430 but not more than 15 $2,560. The bill allows the labor commissioner to waive or 16 reduce a civil penalty under Code chapter 92 based on evidence 17 the commissioner may obtain and requires the commissioner to 18 provide a 15-day grace period before imposing a civil penalty. 19 Under current law, an employer violating Code chapter 92 is 20 subject to a civil penalty of up to $10,000. The bill changes 21 terminology referring to “occupations” to instead refer to 22 “work activities”. 23 The bill allows the director of the department of workforce 24 development or department of education to grant an exception 25 from specified provisions of Code chapter 92 relating to 26 prohibited work activities and work hours for minors 14 to 17 27 years of age participating in work-based learning or a school 28 or employer-administered, work-related program approved by 29 the department of workforce development or the department of 30 education if specified conditions apply. The bill provides 31 that specified prohibitions on work activities are inapplicable 32 to a student in an approved work-based learning program, 33 registered apprenticeship, career and technical education 34 program, or student learner program provided the student is 35 -14- LSB 1838SV (2) 90 je/rn 14/ 16
S.F. 542 employed under specified conditions. A minor shall not perform 1 work under these provisions unless the labor commissioner has 2 on file written permission from the minor’s parent, guardian, 3 or legal custodian, and from the school administering the 4 program or employer, for the minor to perform work under these 5 provisions. 6 The bill provides that a business that accepts a secondary 7 student in a work-based learning program shall not be subject 8 to civil liability for any claim for bodily injury to the 9 student or sickness or death by accident of the student arising 10 from the student’s driving to or from the business or worksite 11 to participate in the work-based learning program unless the 12 student is acting within the course and scope of the student’s 13 employment at the direction of the business. Any claim for 14 bodily injury to the student or sickness or death by accident 15 of the student arising from the business’s negligent act or 16 omission during the student’s participation in the work-based 17 learning program at the business or worksite shall be recovered 18 exclusively under workers’ compensation. 19 ALCOHOLIC BEVERAGES. The bill allows a person 16 to 17 20 years of age to be employed in the sale or serving of alcoholic 21 beverages for on-premises consumption under Code section 123.49 22 if the employer has on file written permission from the parent, 23 guardian, or legal custodian of the person. The employer shall 24 keep a copy of the written permission on file until the person 25 is either 18 years of age or no longer engaged in the sale of 26 or serving alcoholic beverages. 27 A violation of Code section 123.49 is a simple misdemeanor. 28 A simple misdemeanor is punishable by confinement for no more 29 than 30 days and a fine of at least $105 but not more than $855. 30 MOTOR VEHICLE OPERATION. Under current law, persons 31 age 14 to 18 may operate motor vehicles on highways under a 32 graduated license under Code section 321.180B. Graduated 33 licenses under Code section 321.180B include a three-step 34 process from instruction permit to intermediate license to 35 -15- LSB 1838SV (2) 90 je/rn 15/ 16
S.F. 542 full driver’s license. Instruction permit holders (age 14 to 1 18) must be accompanied by a certain type of licensed driver, 2 such as a parent, at all times. For an intermediate license 3 holder (age 16 or 17), an accompanying driver is not required 4 between the hours of 5:00 a.m. and 12:30 a.m., or between the 5 hours of 12:30 a.m. and 5:00 a.m. to and from school-related 6 extracurricular activities and work if the licensee possesses a 7 waiver. 8 The bill authorizes a person issued an instruction permit 9 to drive to and from work without an accompanying driver no 10 earlier than 45 minutes prior to the start of, and no later 11 than 45 minutes after the end of, the person’s work shift 12 if the person is employed. The driving distance between the 13 point of origin and the destination cannot exceed 25 miles, the 14 location of the work establishment must be a fixed location 15 and the only location at which the permittee is authorized to 16 work for the employer, and the travel is required to be for 17 purposes of getting to or from the location for employment. A 18 permittee is not authorized to transport passengers without an 19 accompanying driver. 20 To be authorized to drive to work, the permittee is required 21 to submit a document signed by the student’s parent or guardian 22 and the student’s employer authorizing the permittee to operate 23 under the bill to the department of transportation. The 24 permittee must carry the document during travel. 25 A violation of these provisions is punishable by a scheduled 26 fine of $200 and can result in suspension of the instruction 27 permit. A violation is also considered a moving violation, 28 and as such, may be considered for purposes of administrative 29 suspension of a driver’s license or to establish habitual 30 offender status. Other violations of Code section 321.180B 31 are not considered moving violations and are punishable by a 32 scheduled fine of $70. 33 -16- LSB 1838SV (2) 90 je/rn 16/ 16