Senate File 381 - Introduced SENATE FILE 381 BY DONAHUE , TOWNSEND , DOTZLER , BENNETT , ZIMMER , WINCKLER , WEINER , PETERSEN , CELSI , TRONE GARRIOTT , STAED , and QUIRMBACH A BILL FOR An Act relating to youth employment and providing penalties. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 2206XS (6) 91 je/js
S.F. 381 Section 1. NEW SECTION . 92.1 Definition. 1 As used in this chapter, unless the context otherwise 2 requires, director means the director of the department of 3 inspections, appeals, and licensing. 4 Sec. 2. NEW SECTION . 92.2 Under fourteen work 5 prohibited. 6 No person under fourteen years of age shall be employed 7 or permitted to work with or without compensation in any 8 occupation. 9 Sec. 3. NEW SECTION . 92.3 Under sixteen permitted 10 occupations. 11 No person under sixteen years of age shall be employed 12 or permitted to work with or without compensation in any 13 occupation during regular school hours, except: 14 1. Those persons legally out of school, if such status is 15 verified by the submission of written proof to the director. 16 2. Those persons working in a supervised school-work 17 program. 18 3. Those persons between the ages of fourteen and sixteen 19 enrolled in school on a part-time basis and who are required to 20 work as a part of their school training. 21 Sec. 4. NEW SECTION . 92.4 Fourteen and fifteen permitted 22 occupations. 23 Persons fourteen and fifteen years of age may be employed or 24 permitted to work in the following occupations: 25 1. Retail, food service, and gasoline service 26 establishments. 27 2. Office and clerical work, including operation of office 28 machines. 29 3. Cashiering, selling, modeling, art work, work in 30 advertising departments, window trimming, and comparative 31 shopping. 32 4. Price marking and tagging by hand or by machine, 33 assembling orders, packing, and shelving. 34 5. Bagging and carrying out customers orders. 35 -1- LSB 2206XS (6) 91 je/js 1/ 15
S.F. 381 6. Errand and delivery work by foot, bicycle, and public 1 transportation. 2 7. Cleanup work, including the use of vacuum cleaners and 3 floor waxers, and maintenance of grounds. 4 8. Kitchen work and other work involved in preparing and 5 serving food and beverages, including the operation of machines 6 and devices used in the performance of such work, including 7 but not limited to dishwashers, toasters, dumbwaiters, popcorn 8 poppers, milk shake blenders, and coffee grinders. 9 9. a. Work in connection with motor vehicles and trucks if 10 confined to the following: 11 (1) Dispensing gasoline and oil. 12 (2) Courtesy service. 13 (3) Car cleaning, washing, and polishing. 14 b. Nothing in this subsection shall be construed to include 15 work involving the use of pits, racks, or lifting apparatus or 16 involving the inflation of any tire mounted on a rim equipped 17 with a removable retaining ring. 18 10. Cleaning vegetables and fruits, and wrapping, sealing, 19 labeling, weighing, pricing, and stocking goods when performed 20 in areas physically separate from areas where meat is prepared, 21 for sale and outside freezers or meat coolers. 22 11. Other work approved by the rules adopted pursuant to 23 chapter 17A by the director. 24 Sec. 5. NEW SECTION . 92.5 Fourteen and fifteen 25 occupations not permitted. 26 1. Persons fourteen and fifteen years of age may not be 27 employed in: 28 a. Any manufacturing occupation. 29 b. Any mining occupation. 30 c. Processing occupations, except in a retail, food service, 31 or gasoline service establishment in those specific occupations 32 expressly permitted under the provisions of section 92.4. 33 d. Occupations requiring the performance of any duties 34 in workrooms or work places where goods are manufactured, 35 -2- LSB 2206XS (6) 91 je/js 2/ 15
S.F. 381 mined, or otherwise processed, except to the extent expressly 1 permitted in retail, food service, or gasoline service 2 establishments under the provisions of section 92.4. 3 e. Public messenger service. 4 f. Operation or tending of hoisting apparatus or of any 5 power-driven machinery, other than office machines and machines 6 in retail, food service, and gasoline service establishments 7 that are specified in section 92.4 as machines that such minors 8 may operate in such establishments. 9 g. Occupations prohibited by rules adopted pursuant to 10 chapter 17A by the director. 11 h. Occupations in connection with the following, except 12 office or sales work in connection with these occupations, not 13 performed on transportation media or at the actual construction 14 site: 15 (1) Transportation of persons or property by rail, highway, 16 air, on water, pipeline, or other means. 17 (2) Warehousing and storage. 18 (3) Communications and public utilities. 19 (4) Construction, including repair. 20 i. Any of the following occupations in a retail, food 21 service, or gasoline service establishment: 22 (1) Work performed in or about boiler or engine rooms. 23 (2) Work in connection with maintenance or repair of the 24 establishment, machines, or equipment. 25 (3) Outside window washing that involves working from 26 window sills, and all work requiring the use of ladders, 27 scaffolds, or their substitutes. 28 (4) Cooking, except at soda fountains, lunch counters, 29 snack bars, or cafeteria serving counters, and baking. 30 (5) Occupations that involve operating, setting up, 31 adjusting, cleaning, oiling, or repairing power-driven 32 food slicers and grinders, food choppers and cutters, and 33 bakery-type mixers. 34 (6) Work in freezers and meat coolers and all work in 35 -3- LSB 2206XS (6) 91 je/js 3/ 15
S.F. 381 preparation of meats for sale, except wrapping, sealing, 1 labeling, weighing, pricing, and stocking when performed in 2 other areas. 3 (7) Loading and unloading goods to and from trucks, railroad 4 cars, or conveyors. 5 (8) All occupations in warehouses except office and 6 clerical work. 7 j. Laundering, except for the use of a washing machine 8 that has a capacity of less than ten cubic feet and that is 9 designed to reach an internal temperature that does not exceed 10 212 degrees Fahrenheit. 11 2. Nothing in this section shall be construed as prohibiting 12 office, errand, or packaging work when done away from moving 13 machinery. 14 Sec. 6. NEW SECTION . 92.6 Under sixteen hours permitted. 15 A person under sixteen years of age shall not be employed 16 with or without compensation before the hour of 7:00 a.m. or 17 after 7:00 p.m., except during the period from June 1 through 18 Labor Day when the hours may be extended to 9:00 p.m. If such 19 person is employed for a period of five hours or more each 20 day, an intermission of not less than thirty minutes shall be 21 given. Such a person shall not be employed for more than eight 22 hours in one day, exclusive of intermission, and shall not be 23 employed for more than forty hours in one week. The hours of 24 work of persons under sixteen years of age employed outside 25 school hours shall not exceed four in one day or twenty-eight 26 in one week while school is in session. 27 Sec. 7. NEW SECTION . 92.7 Under eighteen prohibited 28 occupations. 29 No person under eighteen years of age shall be employed or 30 permitted to work with or without compensation at any of the 31 following occupations or business establishments: 32 1. Occupations in or about plants or establishments 33 manufacturing or storing explosives or articles containing 34 explosive components. 35 -4- LSB 2206XS (6) 91 je/js 4/ 15
S.F. 381 2. Occupations of motor vehicle driver and helper. 1 3. Logging occupations and occupations in the operation of 2 any sawmill, lath mill, shingle mill, or cooperage-stock mill. 3 4. Occupations involved in the operation of power-driven 4 woodworking machines. 5 5. Occupations involving exposure to radioactive substances 6 and to ionizing radiations. 7 6. Occupations involved in the operation of elevators and 8 other power-driven hoisting apparatus. 9 7. Occupations involved in the operation of power-driven 10 metal forming, punching, and shearing machines. 11 8. Occupations in connection with mining. 12 9. Occupations in or about slaughtering and meat packing 13 establishments and rendering plants. 14 10. Occupations involved in the operation of certain 15 power-driven bakery machines. Except as otherwise provided 16 in this subsection, this subsection does not apply to the 17 operation of pizza dough rollers that are a type of dough 18 sheeter that have been constructed with safeguards contained in 19 the basic design so as to prevent fingers, hands, or clothing 20 from being caught in the in-running point of the rollers, 21 that have gears that are completely enclosed, and that have 22 microswitches that disengage the machinery if the backs or 23 sides of the rollers are removed, only when all the safeguards 24 detailed in this subsection are present on the machinery, are 25 operational, and have not been overridden. However, this 26 subsection does apply to the setting up, adjusting, repairing, 27 oiling, or cleaning of pizza dough rollers as described in this 28 subsection. 29 11. Occupations involved in the operation of certain 30 power-driven paper products machines. 31 12. Occupations involved in the manufacture of brick, tile, 32 and related products. 33 13. Occupations involved in the operation of circular saws, 34 band saws, and guillotine shears. 35 -5- LSB 2206XS (6) 91 je/js 5/ 15
S.F. 381 14. Occupations involved in wrecking, demolition, and 1 shipbreaking operations. 2 15. Occupations involved in roofing operations. 3 16. Excavation occupations. 4 17. In or about foundries; provided that office, shipping, 5 and assembly area employment shall not be prohibited by this 6 chapter. 7 18. Occupations involving the operation of dry cleaning or 8 dyeing machinery. 9 19. Occupations involving exposure to lead fumes or its 10 compounds, or to dangerous or poisonous dyes or chemicals. 11 20. Occupations involving the transmission, distribution, 12 or delivery of goods or messages between the hours of 10:00 13 p.m. and 5:00 a.m. 14 21. Occupations in establishments where nude or topless 15 dancing is performed. 16 22. Occupations prohibited by rules adopted pursuant to 17 chapter 17A by the director. 18 Sec. 8. NEW SECTION . 92.8 Instruction and training 19 permitted. 20 The provisions of sections 92.7 and 92.9 shall not 21 apply to pupils working under an instructor in a career and 22 technical education department in a school district or under 23 an instructor in a career and technical education classroom 24 or laboratory, or industrial plant, or in a course of career 25 and technical education approved by the state board for career 26 and technical education, or to apprentices provided they are 27 employed under all of the following conditions: 28 1. The apprentice is employed in a craft recognized as an 29 apprenticeable trade. 30 2. The work of the apprentice in the occupations declared 31 particularly hazardous is incidental to the apprentices 32 training. 33 3. The work is intermittent and for short periods of 34 time and is under the direct and close supervision of a 35 -6- LSB 2206XS (6) 91 je/js 6/ 15
S.F. 381 journeyperson as a necessary part of apprentice training. 1 4. The apprentice is registered by the office of 2 apprenticeship of the United States department of labor as 3 employed in accordance with the standards established by that 4 department. 5 Sec. 9. NEW SECTION . 92.9 Permit on file. 6 1. A person under sixteen years of age shall not be employed 7 or permitted to work with or without compensation unless the 8 person, firm, or corporation employing such person receives 9 and keeps on file accessible to any officer charged with the 10 enforcement of this chapter, a work permit issued as provided 11 in this chapter, and keeps a complete list of the names and 12 ages of all such persons under sixteen years of age employed. 13 2. Certificates of age shall be issued for persons sixteen 14 and seventeen years of age and for all other persons eighteen 15 and over upon request of the persons prospective employer. 16 Sec. 10. NEW SECTION . 92.10 Issuance of work permits. 17 A work permit shall be issued only by the director upon 18 the application of the parent, guardian, or custodian of the 19 child desiring such permit. The application shall include the 20 following: 21 1. A statement from the person, firm, or corporation into 22 whose service the child under sixteen years of age is about to 23 enter, promising to give such child employment and describing 24 the industry in which the work will be performed. 25 2. Evidence of age showing that the child is fourteen years 26 old, or more, which shall consist of one of the following 27 proofs required in the order herein designated: 28 a. A certified copy of the birth certificate filed according 29 to law with a registrar of vital statistics or other officer 30 charged with the duty of recording births. 31 b. A passport or a certified copy of a certificate of 32 baptism showing the date and place of birth and the place of 33 baptism of such child. 34 c. An instruction permit issued under section 321.180B, 35 -7- LSB 2206XS (6) 91 je/js 7/ 15
S.F. 381 subsection 1. 1 d. For cases for which the proofs designated in paragraphs 2 a , b , and c are not obtainable, documentation issued 3 by the federal government that is deemed by the director to 4 be sufficient evidence of age, or an affidavit signed by a 5 licensed physician certifying that in the physicians opinion 6 the applicant for the work permit is fourteen years of age or 7 more. 8 Sec. 11. NEW SECTION . 92.11 Optional refusal of permit. 9 The director may refuse to grant a permit if, in the 10 directors judgment, the best interests of the minor would be 11 served by such refusal and the director shall keep a record of 12 such refusals, and the reasons therefor. 13 Sec. 12. NEW SECTION . 92.12 Contents of work permit. 14 Every work permit shall state the date of issuance, name, 15 sex, the date and place of birth, the residence of the child 16 in whose name it is issued, the proof of age, the school grade 17 completed, the name and location of the establishment where 18 the child is to be employed, the industry, and that the papers 19 required for its issuance have been duly examined, approved, 20 and filed. 21 Sec. 13. NEW SECTION . 92.13 Application to director. 22 An application for a work permit pursuant to section 92.10 23 shall be submitted to the office of the director within three 24 days after the child begins work. 25 Sec. 14. NEW SECTION . 92.14 Forms for permits formulated. 26 The proper forms for the application for a work permit, 27 the work permit, the certificate of age, and the physicians 28 certificate shall be formulated by the director. 29 Sec. 15. NEW SECTION . 92.15 Exceptions. 30 Nothing in this chapter shall be construed to prohibit: 31 1. A child from working in or around any home before or 32 after school hours or during vacation periods, provided such 33 work is not related to or part of the business, trade, or 34 profession of the employer. 35 -8- LSB 2206XS (6) 91 je/js 8/ 15
S.F. 381 2. Work in the production of seed, limited to removal of 1 off-type plants, corn tassels, and hand-pollinating during the 2 months of June, July, and August by persons fourteen years of 3 age or over, and part-time work in agriculture. 4 3. A child from working in any occupation or business 5 operated by the childs parents. For the purposes of this 6 subsection, child and parents include a foster child and the 7 childs foster parents who are licensed by the department of 8 health and human services. 9 4. A child under sixteen years of age from being employed or 10 permitted to work, with or without compensation, as a model, 11 for a period of up to three hours in any day between the hours 12 of 7:00 a.m. and 10:00 p.m., not exceeding twelve hours in any 13 month, if the written permission of the parent, guardian, or 14 custodian of the child is obtained prior to the commencement 15 of the modeling. However, if the child is of school age this 16 exception allows modeling work only outside of school hours 17 during the regular school year and does not allow modeling 18 work during the summer term if the child is enrolled in 19 summer school. This subsection does not allow modeling for an 20 unlawful purpose or modeling that would violate any other law. 21 5. A juvenile court from ordering a child at least twelve 22 years old to complete a work assignment of value to the state 23 or to the public or to the victim of a crime committed by 24 the child, in accordance with section 232.52, subsection 2, 25 paragraph a . 26 6. A child from willfully volunteering as defined by 29 27 C.F.R. 553.101 for a charitable or public purpose. Section 28 92.7 applies to volunteering by a child pursuant to this 29 subsection. 30 7. A child twelve years of age or older from being employed 31 by a charitable organization or unit of state or local 32 government as a referee for a sport program sponsored by that 33 charitable organization or unit of state or local government 34 or by an organization of referees sponsored by an organization 35 -9- LSB 2206XS (6) 91 je/js 9/ 15
S.F. 381 recognized by the United States olympic committee under 36 1 U.S.C. 220522. Section 92.7 applies to employment of a child 2 pursuant to this subsection. 3 8. A child under age sixteen from serving in the Iowa 4 summer youth corps program in accordance with section 15H.5 or 5 a child over fourteen years of age from serving in any other 6 recognized program of the Iowa national service corps program 7 in accordance with section 15H.9. Section 92.7 applies to 8 service by a child pursuant to this subsection. 9 Sec. 16. NEW SECTION . 92.16 Violations. 10 1. No parent, guardian, or other person, having under the 11 parents, guardians, or other persons control any person 12 under eighteen years of age, shall negligently permit said 13 person to work or be employed in violation of the provisions of 14 this chapter. 15 2. No person shall negligently make, certify to, or cause 16 to be made or certified any statement, certificate, or other 17 paper for the purpose of procuring the employment of any person 18 in violation of this chapter. 19 3. No person shall make, file, execute, or deliver any 20 statement, certificate, or other paper containing false 21 statements for the purpose of procuring employment of any 22 person in violation of this chapter. 23 4. No person, firm, or corporation, or any agent thereof, 24 shall negligently conceal or permit a person to be employed in 25 violation of this chapter. 26 5. No person, firm, or corporation shall refuse to allow any 27 authorized persons to inspect the place of business or provide 28 information necessary to the enforcement of this chapter. 29 6. A person determined to be a sexually violent predator 30 pursuant to section 229A.7, a person required to register as a 31 sex offender under chapter 692A, or a person determined to be 32 a sexually violent predator or required to register as a sex 33 offender pursuant to similar laws of another state shall not 34 employ a person under eighteen years of age in this state. 35 -10- LSB 2206XS (6) 91 je/js 10/ 15
S.F. 381 Sec. 17. NEW SECTION . 92.17 Penalty. 1 1. Any person who furnishes or sells to any minor child any 2 article of any description that the person knows or should have 3 known the minor intends to sell in violation of the provisions 4 of this chapter shall be guilty of a serious misdemeanor. 5 2. Any other violation of this chapter for which a penalty 6 is not specifically provided constitutes a serious misdemeanor. 7 3. Every day during which any violation of this chapter 8 continues constitutes a separate and distinct offense, and the 9 employment of any person in violation of this chapter, with 10 respect to each person so employed, constitutes a separate and 11 distinct offense. 12 Sec. 18. NEW SECTION . 92.18 Rules and orders of director. 13 1. The director may adopt rules pursuant to chapter 17A 14 to more specifically define the occupations and equipment 15 permitted or prohibited in this chapter, to determine 16 occupations for which work permits are required, and to 17 issue general and special orders prohibiting or allowing the 18 employment of persons under eighteen years of age in any place 19 of employment defined in this chapter as hazardous to the 20 health, safety, and welfare of the persons. 21 2. The director shall adopt rules pursuant to chapter 17A 22 specifically defining the civil penalty amount to be assessed 23 for violations of this chapter. 24 Sec. 19. NEW SECTION . 92.19 Director to enforce civil 25 penalty judicial review. 26 1. The director shall enforce this chapter. An employer 27 who violates this chapter or the rules adopted pursuant to this 28 chapter is subject to a civil penalty of not more than ten 29 thousand dollars for each violation. 30 2. The director shall notify the employer of a proposed 31 civil penalty by service in the same manner as an original 32 notice or by certified mail. If, within fifteen working days 33 from the receipt of the notice, the employer fails to file 34 a notice of contest in accordance with rules adopted by the 35 -11- LSB 2206XS (6) 91 je/js 11/ 15
S.F. 381 director pursuant to chapter 17A, the penalty, as proposed, 1 shall be deemed final agency action for purposes of judicial 2 review. 3 3. The director shall notify the department of revenue 4 upon final agency action regarding the assessment of a penalty 5 against an employer. Interest shall be calculated from the 6 date of final agency action. 7 4. Judicial review of final agency action pursuant to this 8 section may be sought in accordance with the terms of section 9 17A.19. If no petition for judicial review is filed within 10 sixty days after service of the final agency action of the 11 director, the directors findings of fact and final agency 12 action shall be conclusive in connection with any petition for 13 enforcement that is filed by the director after the expiration 14 of the sixty-day period. In any such case, the clerk of court, 15 unless otherwise ordered by the court, shall forthwith enter 16 a decree enforcing the final agency action and shall transmit 17 a copy of the decree to the director and the employer named in 18 the petition. 19 5. Any penalties recovered pursuant to this section shall be 20 remitted by the director to the treasurer of state for deposit 21 in the general fund of the state. 22 6. Mayors and police officers, sheriffs, school 23 superintendents, and school truancy and attendance officers, 24 within their several jurisdictions, shall cooperate in the 25 enforcement of this chapter and furnish the director and the 26 directors designees with all information coming to their 27 knowledge regarding violations of this chapter. All such 28 officers and any person authorized in writing by a court of 29 record shall have the authority to enter, for the purpose of 30 investigation, any of the establishments and places mentioned 31 in this chapter and to freely question any person therein as to 32 any violations of this chapter. 33 7. County attorneys shall investigate all complaints made 34 to them of violations of this chapter, and prosecute all such 35 -12- LSB 2206XS (6) 91 je/js 12/ 15
S.F. 381 cases of violation within their respective counties. 1 Sec. 20. NEW SECTION . 92.20 Group insurance. 2 Anyone under the age of eighteen and subject to this 3 chapter employed in the occupations of selling or delivering 4 the product or service of another and who is designated in 5 such capacity as an independent contractor shall be provided 6 participation, if the person under the age of eighteen 7 desires it at group rate cost, in group insurance for medical, 8 hospital, nursing, and doctor expenses incurred as a result of 9 injuries sustained arising out of and in the course of selling 10 or delivering such product or service by the person, firm, or 11 corporation whose product or service is so delivered. 12 Sec. 21. Section 123.49, subsection 2, paragraph f, Code 13 2025, is amended by striking the paragraph and inserting in 14 lieu thereof the following: 15 f. Employ a person under eighteen years of age in the 16 sale or serving of alcoholic beverages for consumption on the 17 premises where sold. 18 Sec. 22. Section 331.653, subsection 10, Code 2025, is 19 amended to read as follows: 20 10. Cooperate with the department of inspections, appeals, 21 and licensing in the enforcement of child labor laws as 22 provided in section 92.22 92.19 . 23 Sec. 23. Section 331.756, subsection 17, Code 2025, is 24 amended to read as follows: 25 17. Investigate complaints and prosecute violations of 26 child labor laws as provided in section 92.22 92.19 . 27 Sec. 24. REPEAL. Chapter 92, Code 2025, is repealed. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanations substance by the members of the general assembly. 31 This bill relates to youth employment. The bill generally 32 strikes statutory changes made by 2023 Iowa Acts, Senate File 33 542, and restores statutory language in effect prior to the 34 enactment of 2023 Iowa Acts, Senate File 542. The elimination 35 -13- LSB 2206XS (6) 91 je/js 13/ 15
S.F. 381 of the work categories of street occupations and migratory 1 labor, a prohibition on persons under 18 years of age working 2 in occupations in establishments where nude or topless dancing 3 is performed, and a prohibition on sexually violent predators 4 or sex offenders employing persons under 18 years of age, 5 enacted by 2023 Iowa Acts, Senate File 542, are retained. 6 The bill requires a permit for a person under 18 years of age 7 to work in most circumstances and provides procedures relating 8 to such work and such permits under Code chapter 92, the state 9 child labor law. The bill modifies permitted and prohibited 10 work that can be performed by minors at various age levels, as 11 well as hours in which permitted work can be performed. 12 The bill strikes language providing for waiver of civil 13 penalties under Code chapter 92 and a grace period before such 14 penalties can be imposed. The bill strikes exceptions to and 15 limitations on the applicability of certain provisions of Code 16 chapter 92 for certain work-based learning programs. The 17 bill strikes an exceptions to Code chapter 92 for performing 18 in motion pictures, theatrical productions, or musical 19 performances and modifies an exception for modeling. The bill 20 strikes limitations on civil liability for businesses for 21 injury, sickness, or death resulting from student participation 22 in work-based learning programs. 23 The bill provides penalties for certain actions taken in 24 violation of Code chapter 92 to procure employment for oneself 25 or of another person. Under current law, a violation of Code 26 chapter 92 is a serious misdemeanor. A serious misdemeanor is 27 punishable by confinement for no more than one year and a fine 28 of at least $430 but not more than $2,560. Under current law, 29 an employer violating Code chapter 92 is subject to a civil 30 penalty of up to $10,000. 31 The bill changes terminology referring to occupations to 32 instead refer to work activities. 33 The bill strikes language allowing a person 16 to 17 years 34 of age to be employed in the sale or serving of alcoholic 35 -14- LSB 2206XS (6) 91 je/js 14/ 15
S.F. 381 beverages for on-premises consumption under Code section 1 123.49 in specified circumstances if specified procedures are 2 followed. 3 The bill reflects the transfer of administration of Code 4 chapter 92 from the labor commissioner to the director of the 5 department of inspections, appeals, and licensing by 2023 Iowa 6 Acts, Senate File 514. 7 -15- LSB 2206XS (6) 91 je/js 15/ 15