H.F. 2227 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 years of age shall not be employed 4 or permitted to work with or without compensation at any time 5 within this state in street occupations of peddling, shoe 6 polishing, the distribution or sale of newspapers, magazines, 7 periodicals or circulars, nor in any other occupations in any 8 street or public place. The labor commissioner shall, when 9 ordered by a judge of the juvenile court, issue a work permit 10 as provided in this chapter to a person under ten years of age. 11 2. No person under twelve years of age shall be employed 12 or permitted to work with or without compensation at any time 13 within this state in connection with migratory labor, except 14 that the labor commissioner may upon sufficient showing by a 15 judge of the juvenile court, issue a work permit as provided in 16 this chapter to a person under twelve years of age. 17 Sec. 2. Section 92.2, Code 2011, is amended to read as 18 follows: 19 92.2 Over ten and under sixteen years of age. 20 1. A person over ten and under sixteen years of age 21 cannot be employed, with or without compensation, in street 22 occupations or migratory labor as defined in section 92.1 , 23 unless the person holds a child labor work permit issued 24 pursuant to this chapter and the school the person attends has 25 certified that the person is regularly attending school and 26 the potential employment will not interfere with the person’s 27 progress in school. A written agreement, as defined in section 28 92.11, subsection 1 , shall not be required for the issuance of 29 a work permit under this section . 30 a. Notwithstanding section 92.7 , a person with a permit to 31 engage in migratory labor shall only work between 5:00 a.m. and 32 7:30 p.m. from Labor Day through June 1, and between 5:00 a.m. 33 and 9:00 p.m. for the remainder of the year. 34 b. 2. Notwithstanding section 92.7 , a person with a permit 35 -1- HF 2227 (5) 84 je/sc 1/ 5

H.F. 2227 to engage engaged in street occupations shall only work between 1 4:00 a.m. and 7:30 p.m. when local public schools are in 2 session and between 4:00 a.m. and 8:30 p.m. for the remainder 3 of the year. 4 2. 3. The requirements of section 92.10 shall not apply 5 to a person, firm, or corporation employing a person engaged 6 in street occupations the distribution or sale of newspapers, 7 magazines, periodicals, or circulars 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 to 33 any officer charged with the enforcement of this chapter, a 34 work permit issued as provided in this chapter, completes the 35 -2- HF 2227 (5) 84 je/sc 2/ 5

H.F. 2227 requirements of section 92.11, subsection 5, paragraph “a” , and 1 keeps a complete list of the names and ages of all such persons 2 under sixteen years of age employed. An employer may complete 3 and file a child labor work permit for an employee sixteen 4 years of age or older. 5 Certificates of age shall be issued for persons sixteen and 6 seventeen years of age and for all other persons eighteen and 7 over upon request of the person’s prospective employer. 8 Sec. 7. Section 92.11, Code 2011, is amended by striking the 9 section and inserting in lieu thereof the following: 10 92.11 Issuance and revocation of child labor work permits. 11 1. The labor commissioner shall develop and post on the 12 division of labor services’ internet site all of the following: 13 a. A child labor work permit form as provided by this 14 section and a means of electronically filing a child labor work 15 permit with the labor commissioner. 16 b. Information about the hours and occupation limitations as 17 provided by this chapter. 18 c. An affidavit that may be completed by a licensed 19 physician when no other proof of age is available. 20 2. Using the form created by the labor commissioner, the 21 child shall complete the child’s name, age, address, date 22 of birth, place of birth, and gender, and shall sign the 23 form. The child shall provide to the employer evidence of age 24 consisting of one of the following forms of proof in descending 25 order of preference: 26 a. A certified copy of the child’s birth certificate legally 27 filed with a registrar of vital statistics or other officer 28 charged with the duty of recording births. 29 b. A passport. 30 c. Official documentation issued by the state or federal 31 government that includes the child’s age. 32 d. An affidavit on a form available from the labor 33 commissioner signed by a licensed physician stating how old the 34 physician believes the child to be. 35 -3- HF 2227 (5) 84 je/sc 3/ 5

H.F. 2227 3. A parent, guardian, or custodian of the child shall 1 complete the parent’s, guardian’s, or custodian’s name, 2 address, and telephone number, and shall sign the form. 3 4. The employer shall complete the business name, address, 4 and telephone number. The employer shall review the relevant 5 limitations on hours and occupations as set forth in this 6 chapter. The employer shall personally view the evidence of 7 the child’s age and shall make a copy of the proof of age and 8 keep it on file. The employer shall sign the child labor work 9 permit including certification of each of the following: 10 a. The employer has viewed and copied the child’s proof of 11 age. 12 b. The employer has read and understands the hours and 13 occupation limitations pertaining to the child. 14 c. The employer agrees not to employ the child in a manner 15 inconsistent with the hours and occupation limitations. 16 d. The information on the child labor work permit is true 17 and accurate. 18 e. The employer understands that criminal and civil 19 penalties may result from violations of this chapter. 20 5. a. The employer shall either file the completed child 21 labor work permit electronically with the labor commissioner or 22 keep the completed child labor work permit on file accessible 23 to any officer charged with the enforcement of this chapter. 24 The employer shall also provide one copy of the completed child 25 labor work permit to the child and one copy to the parent, 26 guardian, or custodian of the child. 27 b. The child may begin work upon completion of the 28 requirements of paragraph “a” . 29 c. The labor commissioner may contact the employer regarding 30 correcting deficiencies in the child labor work permit. If the 31 employer does not make needed corrections within seven days, 32 the labor commissioner may initiate revocation proceedings. 33 6. The labor commissioner may revoke a child labor work 34 permit upon good cause in accordance with the provisions of 35 -4- HF 2227 (5) 84 je/sc 4/ 5

H.F. 2227 chapter 17A. 1 Sec. 8. Section 92.17, subsections 3 and 6, Code 2011, are 2 amended to read as follows: 3 3. Work in the production of seed, limited to removal of 4 off-type plants, corn tassels and hand-pollinating during the 5 months of June, July , and August by persons fourteen years of 6 age or over, and part-time work in agriculture , not including 7 migratory labor . 8 6. A juvenile court from ordering a child at least twelve 9 years old to complete a work assignment of value to the state 10 or to the public or to the victim of a crime committed by 11 the child, in accordance with section 232.52, subsection 2 , 12 paragraph “a” . 13 Sec. 9. Section 92.20, subsection 1, Code 2011, is amended 14 to read as follows: 15 1. The parent, guardian, or person in charge of any 16 migratory worker or of any child who engages in any street 17 occupation in violation of any of the provisions of this 18 chapter shall be guilty of a serious misdemeanor. 19 Sec. 10. Section 92.22, Code 2011, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 8. The commissioner may file a petition for 22 enforcement concerning a civil penalty that is final pursuant 23 to chapter 17A. The clerk of court, unless otherwise ordered 24 by the court, shall forthwith enter a decree and shall transmit 25 a copy of the decree to the commissioner and the employer named 26 in the petition. 27 Sec. 11. REPEAL. Sections 92.12, 92.13, 92.14, 92.15, 28 92.16, and 92.18, Code 2011, are repealed. 29 Sec. 12. EFFECTIVE DATE. This Act takes effect January 1, 30 2013. 31 -5- HF 2227 (5) 84 je/sc 5/ 5