Senate File 542 - Reprinted SENATE FILE 542 BY COMMITTEE ON WORKFORCE (SUCCESSOR TO SF 167) (As Amended and Passed by the Senate April 18, 2023 ) A BILL FOR An Act relating to youth employment, providing for a minor 1 driver’s license interim study committee, and making 2 penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 Version from scenario SF542-MB3 SF 542 (3) 90 je/rn/mb

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 director . 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- SF 542 (3) 90 je/rn/mb 1/ 15

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- SF 542 (3) 90 je/rn/mb 2/ 15

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 director . 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 or 92.6A . 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 or 31 92.6A . 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- SF 542 (3) 90 je/rn/mb 3/ 15

S.F. 542 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 director . 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- SF 542 (3) 90 je/rn/mb 4/ 15

S.F. 542 (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 director may issue a waiver of any weight limitations 22 provided in subsection 1 of up to fifty pounds depending on the 23 strength and ability of the fifteen-year-old. 24 3. The director may issue a waiver for a fifteen-year-old 25 to be able to load and unload light power-driven lawn machines 26 based on the ability of the minor if the minor is supervised, 27 the machine is powered off, and the safety key is stored away 28 from the machine. 29 4. The director may issue a waiver for a fifteen-year-old 30 to perform light assembly work as long as the assembly is not 31 performed on machines or in an area with 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- SF 542 (3) 90 je/rn/mb 5/ 15

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- SF 542 (3) 90 je/rn/mb 6/ 15

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- SF 542 (3) 90 je/rn/mb 7/ 15

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 19A. Work activities in establishments where nude or 17 topless dancing is performed. 18 21. 20. Occupations Work activities prohibited by rules 19 adopted pursuant to chapter 17A by the labor commissioner 20 director . 21 Sec. 9. NEW SECTION . 92.8A Approved career and technical 22 education, work-based learning, internships, registered 23 apprenticeship programs, and student learners. 24 1. The director of the department of workforce development 25 or department of education may grant an exception from any 26 provision of section 92.6, 92.7, or 92.8 for minors fourteen 27 to seventeen years of age participating in work-based learning 28 or a school or employer-administered, work-related program 29 approved by the department of workforce development or the 30 department of education if all of the following apply: 31 a. The requestor demonstrates the activity will be performed 32 under adequate supervision and training. 33 b. The training includes adequate safety precautions. 34 c. The terms and conditions of the proposed employment will 35 -8- SF 542 (3) 90 je/rn/mb 8/ 15

S.F. 542 not interfere with the health, well-being, or schooling of the 1 minor enrolled in the approved program. 2 d. The work is not prohibited under section 92.6, subsection 3 1, paragraph “b” , “e” , “f” , or “h” , section 92.6, subsection 4 1, paragraph “i” , subparagraph (1) or (3), or section 92.8, 5 subsection 1, 2, 4, 7, 8, 18, or 19A. 6 2. Section 92.8 shall not apply to a student in an approved 7 work-based learning program, registered apprenticeship, career 8 and technical education program, or student learner program 9 provided the student is employed under all of the following 10 conditions: 11 a. The student is employed in a craft recognized as an 12 apprenticeable trade or the student is employed under a written 13 employment agreement. 14 b. The work of the apprentice or student employee in the 15 work activities declared particularly hazardous is incidental 16 to the apprentice’s training. 17 c. The work is intermittent and for short periods of time 18 and is under the direct and close supervision of a qualified 19 and experienced person. 20 d. Adequate on-the-job training and safety instructions are 21 in place. 22 e. The work is not prohibited under section 92.8, subsection 23 1, 2, 4, 7, 8, 18, or 19A. 24 3. A minor shall not perform work under this section unless 25 the director has on file written permission from the minor’s 26 parent, guardian, or legal custodian, and from the school 27 administering the program or employer, for the minor to perform 28 work under this section. 29 Sec. 10. Section 92.17, subsection 2, Code 2023, is amended 30 by striking the subsection. 31 Sec. 11. Section 92.17, subsection 3, Code 2023, is amended 32 to read as follows: 33 3. A child from working in any occupation work activity or 34 business operated by the child’s parents. For the purposes 35 -9- SF 542 (3) 90 je/rn/mb 9/ 15

S.F. 542 of this subsection , “child” and “parents” include a foster 1 child and the child’s foster parents who are licensed by the 2 department of health and human services. 3 Sec. 12. Section 92.17, subsection 4, Code 2023, is amended 4 by striking the subsection and inserting in lieu thereof the 5 following: 6 4. A child under sixteen years of age from being employed or 7 permitted to work, with or without compensation, as a model, if 8 the written permission of the parent, guardian, or custodian of 9 the child is obtained prior to the commencement of the work, 10 and the work complies with the hours permitted in section 92.7. 11 This subsection does not allow modeling for an unlawful purpose 12 or modeling that would violate any other law. 13 Sec. 13. Section 92.17, Code 2023, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 4A. A child under sixteen years of age 16 from being employed or permitted to work, with or without 17 compensation, performing in motion pictures, theatrical 18 productions, or musical performances, if the written permission 19 of the parent, guardian, or custodian of the child is obtained 20 prior to the commencement of the work. This subsection 21 does not allow performing in motion pictures, theatrical 22 productions, or musical performances for an unlawful purpose 23 or performing in motion pictures, theatrical productions, or 24 musical performances that would violate any other law. 25 Sec. 14. Section 92.19, subsections 2 and 3, Code 2023, are 26 amended by striking the subsections. 27 Sec. 15. Section 92.20, subsection 1, Code 2023, is amended 28 by striking the subsection. 29 Sec. 16. Section 92.21, subsection 1, Code 2023, is amended 30 to read as follows: 31 1. The labor commissioner director may adopt rules pursuant 32 to chapter 17A to more specifically define the occupations 33 work activities and equipment permitted or prohibited in this 34 chapter , to determine occupations for which work permits are 35 -10- SF 542 (3) 90 je/rn/mb 10/ 15

S.F. 542 required, and to issue general and special orders prohibiting 1 or allowing the employment of persons under eighteen years 2 of age in any place of employment defined in this chapter as 3 hazardous to the health, safety, and welfare of the persons. 4 Sec. 17. Section 92.22, subsection 1, Code 2023, is amended 5 to read as follows: 6 1. The labor commissioner director shall enforce this 7 chapter . An employer who violates this chapter or the rules 8 adopted pursuant to this chapter is subject to a civil penalty 9 of not more than ten thousand dollars for each violation. 10 The director may waive or reduce a civil penalty based on 11 evidence the director may obtain. The director shall provide a 12 fifteen-day grace period before imposing a civil penalty. 13 Sec. 18. 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. 19. 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 -11- SF 542 (3) 90 je/rn/mb 11/ 15

S.F. 542 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 32 or death by accident of the student arising from the student’s 33 participation in the work-based learning program at the 34 business or worksite shall be recovered exclusively under 35 -12- SF 542 (3) 90 je/rn/mb 12/ 15

S.F. 542 chapters 85, 85A, 85B, and 86. 1 Sec. 20. Section 123.49, subsection 2, paragraph f, Code 2 2023, is amended to read as follows: 3 f. Employ a person under eighteen years of age in the 4 sale or serving of alcoholic beverages for consumption on 5 the premises where sold. This paragraph shall not apply if 6 the employer has on file written permission from the parent, 7 guardian, or legal custodian of a person sixteen or seventeen 8 years of age for the person to sell or serve alcoholic 9 beverages for consumption on the premises where sold. However, 10 a person sixteen or seventeen years of age shall not work in 11 a bar as defined in section 142D.2. The employer shall keep 12 a copy of the written permission on file until the person 13 is either eighteen years of age or no longer engaged in the 14 sale of or serving alcoholic beverages for consumption on the 15 premises where sold. If written permission is on file in 16 accordance with this paragraph, a person sixteen or seventeen 17 years of age may sell or serve alcoholic beverages in a 18 restaurant as defined in section 142D.2. 19 Sec. 21. REPEAL. Sections 92.1, 92.2, 92.9, 92.10, 92.11, 20 92.12, 92.13, 92.14, 92.15, 92.16, and 92.18, Code 2023, are 21 repealed. 22 Sec. 22. INTERIM STUDY COMMITTEE —— MINOR DRIVER’S LICENSE. 23 1. The legislative council is requested to establish an 24 interim study committee to meet during the 2023 legislative 25 interim to examine policy matters relating to licensed driving 26 by persons between fourteen and eighteen years of age. The 27 committee is charged to study and make recommendations 28 on statutory changes relating to minor driver’s licensing 29 including but not limited to: 30 a. Adding a work driving privilege to the current special 31 minor’s license. 32 b. Completing traditional or parent-taught driver’s 33 education. 34 c. Determining age eligibility for a special minor’s 35 -13- SF 542 (3) 90 je/rn/mb 13/ 15

S.F. 542 license. 1 d. Allowing a minor to drive up to a certain distance for 2 nonfarm work. 3 e. Determining the number of minutes before or after the 4 minor’s scheduled shift in which they can drive. 5 f. Examining the fifty-mile farm work privilege. 6 g. Requiring the certifying school to verify the need for 7 the farm work privilege. 8 h. Allowing a minor to be eligible for a license even if 9 they live less than one mile from their school, if they are 10 employed for farm or nonfarm work. 11 i. Determining a minor’s point of origin to drive for work. 12 j. Determining if a minor is permitted to stop for gas in 13 route to or from work. 14 k. Determining if a violation of the work driving 15 privilege is a moving violation, is subject to remedial driver 16 improvement classes, and is subject to other driving sanctions. 17 l. Examining any other issues concerning current or future 18 driving permits regarding persons between fourteen and eighteen 19 years of age. 20 2. The study committee shall consist of six voting members 21 and five ex officio, nonvoting members. 22 a. The voting members of the committee shall consist of 23 three members of the senate, two of whom shall be appointed 24 by the majority leader of the senate and one of whom shall 25 be appointed by the minority leader of the senate, and three 26 members of the house of representatives, two of whom shall be 27 appointed by the speaker of the house of representatives and 28 one of whom shall be appointed by the minority leader of the 29 house of representatives. 30 b. The ex officio, nonvoting members of the committee shall 31 be composed of the following: 32 (1) The director of the department of transportation or the 33 director’s designee. 34 (2) The director of the department of education or the 35 -14- SF 542 (3) 90 je/rn/mb 14/ 15

S.F. 542 director’s designee. 1 (3) The director of the department of public safety or the 2 director’s designee. 3 (4) The director of the department of workforce development 4 or the director’s designee. 5 (5) A representative of the insurance industry selected by 6 the co-chairpersons of the study committee. 7 3. In the event a tiebreaking vote is needed, the five ex 8 officio members shall collectively receive a total of one vote 9 for the purpose of breaking a tie. 10 4. The study committee shall submit a report with its 11 findings and recommendations to the general assembly no later 12 than December 15, 2023. 13 -15- SF 542 (3) 90 je/rn/mb 15/ 15