Bill > HSB134

Introduced Session

This bill relates to youth employment. CHILD LABOR. The bill includes various amendments to Code chapter 92, relating to child labor. The bill strikes provisions providing for child labor permits and migrant child labor permits. The bill strikes provisions allowing certain children under 14 years of age to engage in street occupations. The bill modifies permitted and prohibited work that can be performed by minors 14 to 17 years of age, as well as hours in which work can be performed. The bill strikes penalties for certain actions taken in violation of Code chapter 92 to procure employment for oneself or of another person; other penalties for violations of Code chapter 92 are retained. Under current law, a violation H.F. _____ of Code chapter 92 is generally a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. The bill allows the labor commissioner to waive or reduce a civil penalty under Code chapter 92 based on evidence the commissioner may obtain and requires the commissioner to provide a 15-day grace period before imposing a civil penalty. Under current law, an employer violating Code chapter 92 is subject to a civil penalty of up to $10,000. The bill changes terminology referring to “occupations” to instead refer to “work activities”. The bill allows the director of the department of workforce development or department of education to grant an exception from specified provisions of Code chapter 92 relating to prohibited work activities and work hours for minors 14 to 17 years of age participating in work-based learning or a school or employer-administered, work-related program approved by the department of workforce development or the department of education if specified conditions apply. The bill provides that specified prohibitions on work activities are inapplicable to a student in an approved work-based learning program, registered apprenticeship, career and technical education program, or student learner program provided the student is employed under specified conditions. The bill provides that a business that accepts a secondary student in a work-based learning program shall not be subject to civil liability for specified claims relating to the student’s work in the program. This provision shall not be construed to provide immunity for a student or business for civil liability arising from gross negligence or willful misconduct. ALCOHOLIC BEVERAGES. The bill allows a person 16 to 17 years of age to be employed in the sale or serving of alcoholic beverages for on-premises consumption under Code section 123.49 if the employer has on file written permission from the parent, H.F. _____ guardian, or legal custodian of the person. The employer shall keep a copy of the written permission on file until the person is either 18 years of age or no longer engaged in the sale of or serving alcoholic beverages. A violation of Code section 123.49 is a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855. MOTOR VEHICLE OPERATION. The bill provides that a person holding a special minor’s license under Code section 321.194 who is employed may operate a motor vehicle during the hours of 5:00 a.m. to 10:00 p.m. over the most direct and accessible route between the licensee’s residence or school of enrollment and the licensee’s place of employment, provided the driving distance between the licensee’s place of employment and the nearest point on the route on which the licensee is authorized to operate a motor vehicle for purposes of school transportation under current law is no more than 50 miles. The person’s application for a special minor’s license must include an affidavit for minor license signed by the employer and the person, using a form provided by the department. Other requirements to obtain a special minor’s license under current law are applicable to such a person. Under current law, the fact that an applicant for a special minor’s license resides at a distance less than one mile from the applicant’s school of enrollment is prima facie evidence of the nonexistence of necessity for the issuance of the license. The bill strikes this provision. The bill provides that the distance between an applicant’s residence and school of enrollment shall not be considered if the applicant is employed for compensation. A violation of Code section 321.194 is punishable by a scheduled fine of $70.

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Other Sponsors (1)

Committee report approving bill, renumbered as HF 647. (on 03/07/2023)

Official Document