HF 2227 (LSB 5314HV (5) 84)

HOUSE FILE 2227

BY  COMMITTEE ON LABOR

(SUCCESSOR TO HSB 546)

(As Amended and Passed by the House 2012-03-06)

A BILL FOR

An Act relating to child labor requirements administered by the labor commissioner, making penalties applicable, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 92.1, Code 2011, is amended to read as follows:
   92.1  Street occupations —— migratory labor.
   1.  No
 
A person under ten years of age shall
 
not be employed or permitted to work with or without compensation at any time within this state in street occupations of peddling, shoe polishing, the distribution or sale of newspapers, magazines, periodicals or circulars, nor in any other occupations in any street or public place. The labor commissioner shall, when ordered by a judge of the juvenile court, issue a work permit as provided in this chapter to a person under ten years of age.
   2.  No person under twelve years of age shall be employed or permitted to work with or without compensation at any time within this state in connection with migratory labor, except that the labor commissioner may upon sufficient showing by a judge of the juvenile court, issue a work permit as provided in this chapter to a person under twelve years of age.
    Sec. 2.  Section 92.2, Code 2011, is amended to read as follows:
   92.2  Over ten and under sixteen years of age.
   1.  A person over ten and under sixteen years of age cannot be employed, with or without compensation, in street occupations or migratory labor as defined in section 92.1, unless the person holds a
 
child labor work permit issued pursuant to this chapter and the school the person attends has certified that the person is regularly attending school and the potential employment will not interfere with the person’s progress in school. A written agreement, as defined in section 92.11, subsection 1, shall not be required for the issuance of a work permit under this section.
   a.  Notwithstanding section 92.7, a person with a permit to engage in migratory labor shall only work between 5:00 a.m. and 7:30 p.m. from Labor Day through June 1, and between 5:00 a.m. and 9:00 p.m. for the remainder of the year.
   b.

2.  Notwithstanding section 92.7, a person with a permit to engage
 
engaged in street occupations shall only work between 4:00 a.m. and 7:30 p.m. when local public schools are in session and between 4:00 a.m. and 8:30 p.m. for the remainder of the year.
   2.
  3.  The requirements of section 92.10 shall not apply to a person, firm, or corporation employing a person engaged in street occupations
 
the distribution or sale of newspapers, magazines, periodicals, or circulars pursuant to this section.
    Sec. 3.  Section 92.3, Code 2011, is amended to read as follows:
   92.3  Under fourteen —— permitted occupations.
   No
 
A person under fourteen years of age shall
 
not be employed or permitted to work with or without compensation in any occupation, except in the street trade occupations or migratory labor occupations specified in section 92.1. Any migratory laborer twelve to fourteen years of age may not work prior to or during the regular school hours of any day of any private or public school which teaches general education subjects and which is available to such child.
    Sec. 4.  Section 92.4, subsection 4, Code 2011, is amended by striking the subsection.
    Sec. 5.  Section 92.8, subsection 19, Code 2011, is amended to read as follows:
   19.  Occupations involving exposure to lead fumes or its compounds, or to dangerous or poisonous dyes or
 
hazardous chemicals.
    Sec. 6.  Section 92.10, Code 2011, is amended to read as follows:
   92.10  Permit on file.
   Except as provided in section 92.2, a person under sixteen years of age shall not be employed or permitted to work with or without compensation unless the person, firm, or corporation employing such person receives and keeps on file accessible to any officer charged with the enforcement of this chapter, a work permit issued as provided in this chapter,
 
completes the requirements of section 92.11, subsection 5, paragraph “a”, and keeps a complete list of the names and ages of all such persons under sixteen years of age employed.

An employer may complete and file a child labor work permit for an employee sixteen years of age or older.
   Certificates of age shall be issued for persons sixteen and seventeen years of age and for all other persons eighteen and over upon request of the person’s prospective employer.
    Sec. 7.  Section 92.11, Code 2011, is amended by striking the section and inserting in lieu thereof the following:
   92.11  Issuance and revocation of child labor work permits.
   1.  The labor commissioner shall develop and post on the division of labor services’ internet site all of the following:
   a.  A child labor work permit form as provided by this section and a means of electronically filing a child labor work permit with the labor commissioner.
   b.  Information about the hours and occupation limitations as provided by this chapter.
   c.  An affidavit that may be completed by a licensed physician when no other proof of age is available.
   2.  Using the form created by the labor commissioner, the child shall complete the child’s name, age, address, date of birth, place of birth, and gender, and shall sign the form. The child shall provide to the employer evidence of age consisting of one of the following forms of proof in descending order of preference:
   a.  A certified copy of the child’s birth certificate legally filed with a registrar of vital statistics or other officer charged with the duty of recording births.
   b.  A passport.
   c.  Official documentation issued by the state or federal government that includes the child’s age.
   d.  An affidavit on a form available from the labor commissioner signed by a licensed physician stating how old the physician believes the child to be.

   3.  A parent, guardian, or custodian of the child shall complete the parent’s, guardian’s, or custodian’s name, address, and telephone number, and shall sign the form.
   4.  The employer shall complete the business name, address, and telephone number. The employer shall review the relevant limitations on hours and occupations as set forth in this chapter. The employer shall personally view the evidence of the child’s age and shall make a copy of the proof of age and keep it on file. The employer shall sign the child labor work permit including certification of each of the following:
   a.  The employer has viewed and copied the child’s proof of age.
   b.  The employer has read and understands the hours and occupation limitations pertaining to the child.
   c.  The employer agrees not to employ the child in a manner inconsistent with the hours and occupation limitations. 
   d.  The information on the child labor work permit is true and accurate.
   e.  The employer understands that criminal and civil penalties may result from violations of this chapter.
   5.
  a.  The employer shall either file the completed child labor work permit electronically with the labor commissioner or keep the completed child labor work permit on file accessible to any officer charged with the enforcement of this chapter. The employer shall also provide one copy of the completed child labor work permit to the child and one copy to the parent, guardian, or custodian of the child.
   b.  The child may begin work upon completion of the requirements of paragraph “a”.
   c.  The labor commissioner may contact the employer regarding correcting deficiencies in the child labor work permit. If the employer does not make needed corrections within seven days, the labor commissioner may initiate revocation proceedings.
   6.  The labor commissioner may revoke a child labor work permit upon good cause in accordance with the provisions of chapter 17A.
    Sec. 8.  Section 92.17, subsections 3 and 6, Code 2011, are amended to read as follows:
   3.  Work in the production of seed, limited to removal of off-type plants, corn tassels and hand-pollinating during the months of June, July, and August by persons fourteen years of age or over, and part-time work in agriculture, not including migratory labor.
   6.  A juvenile court from ordering a child at least twelve years old to complete a work assignment of value to the state or to the public or to the victim of a crime committed by the child, in accordance with section 232.52, subsection 2, paragraph “a”.
    Sec. 9.  Section 92.20, subsection 1, Code 2011, is amended to read as follows:
   1.  The parent, guardian, or person in charge of any migratory worker or of any child who engages in any street occupation in violation of any of the provisions of this chapter shall be guilty of a serious misdemeanor.
    Sec. 10.  Section 92.22, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  8.  The commissioner may file a petition for enforcement concerning a civil penalty that is final pursuant to chapter 17A. The clerk of court, unless otherwise ordered by the court, shall forthwith enter a decree and shall transmit a copy of the decree to the commissioner and the employer named in the petition.
    Sec. 11.  REPEAL.  Sections 92.12, 92.13, 92.14, 92.15, 92.16, and 92.18, Code 2011, are repealed.
    Sec. 12.  EFFECTIVE DATE.  This Act takes effect January 1, 2013.