Relating to youth employment, providing for a minor driver’s license interim study committee, and making penalties applicable

Sponsored by the Senate Workforce Committee

Topics:K–12 education Jobs & workers

Same legislation: SF 167, HSB 134, HF 647

Write your legislators about itWhat changed before it passed

Official bill page Lobbyist declarations One-pager to print

Where it is now

Done: IntroducedJanuary 30, 2023
Done: SubcommitteeFebruary 8, 2023
Done: Senate committeeMarch 6, 2023
Done: Passes the SenateApril 17, 202332–17
Skipped: House committeeSkipped
Done: Passes the HouseMay 2, 202360–34
Done: To the GovernorMay 11, 2023
Done: Signed into lawMay 26, 2023

Signed into law What’s a funnel?

What’s in it

AI summary These changes update rules for young workers by removing certain permits and changing which jobs and hours are allowed for minors. Students in approved learning programs may get exceptions to some work rules, and 16-year-olds can serve alcohol with written parental permission. Additionally, people with instruction permits may drive to and from a single fixed job site without an accompanying driver under specific conditions.¹

Read the official explanation

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 years of age to engage in street occupations. The bill modifies permitted and prohibited work that can be performed by minors to 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 to procure employment for oneself or of another person; other penalties for violations of Code chapter are retained. Under current law, a violation of Code chapter 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 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 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 relating to prohibited work activities and work hours for minors to 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. A minor shall not perform work under these provisions unless the labor commissioner has on file written permission from the minor’s parent, guardian, or legal custodian, and from the school administering the program or employer, for the minor to perform work under these provisions. 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 any claim for bodily injury to the student or sickness or death by accident of the student arising from the student’s driving to or from the business or worksite to participate in the work-based learning program unless the student is acting within the course and scope of the student’s employment at the direction of the business. Any claim for bodily injury to the student or sickness or death by accident of the student arising from the business’s negligent act or omission during the student’s participation in the work-based learning program at the business or worksite shall be recovered exclusively under workers’ compensation. ALCOHOLIC BEVERAGES.49 if the employer has on file written permission from the parent, guardian, or legal custodian of the person. The employer shall keep a copy of the written permission on file until the person is either years of age or no longer engaged in the sale of or serving alcoholic beverages.49 is a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than days and a fine of at least $105 but not more than $855. MOTOR VEHICLE OPERATION.180B.180B include a three-step process from instruction permit to intermediate license to full driver’s license. Instruction permit holders (age to 18) must be accompanied by a certain type of licensed driver, such as a parent, at all times. to and from school-related extracurricular activities and work if the licensee possesses a waiver. The bill authorizes a person issued an instruction permit to drive to and from work without an accompanying driver no earlier than minutes prior to the start of, and no later than minutes after the end of, the person’s work shift if the person is employed. The driving distance between the point of origin and the destination cannot exceed miles, the location of the work establishment must be a fixed location and the only location at which the permittee is authorized to work for the employer, and the travel is required to be for purposes of getting to or from the location for employment. A permittee is not authorized to transport passengers without an accompanying driver. To be authorized to drive to work, the permittee is required to submit a document signed by the student’s parent or guardian and the student’s employer authorizing the permittee to operate under the bill to the department of transportation. The permittee must carry the document during travel. A violation of these provisions is punishable by a scheduled fine of $200 and can result in suspension of the instruction permit. A violation is also considered a moving violation, and as such, may be considered for purposes of administrative suspension of a driver’s license or to establish habitual offender status.180B are not considered moving violations and are punishable by a scheduled fine of $70.

Changed since by amendments H-1345, H-1337, H-1267, S-3151, S-3150, S-3138; see Amendments.

Full bill text · What changed before it passed²

4 written public comments to its subcommittee: February 9, 2023 (4) · on the Legislature’s site

Fiscal note

Minimal Compare with other bills

AI summary This bill changes rules regarding youth employment, including age restrictions, work activities, and penalties for child labor violations. It is estimated to have little to no fiscal impact to the state. The correctional impact of the bill cannot be estimated due to a lack of data.³

Read the fiscal note

Description

Senate File 542 relates to youth employment and makes the following changes:

Removes language providing for child labor permits and migrant labor permits.
Prohibits individuals 13 years of age or younger from working in any work activity.
Removes language that allows migrant laborers who are 14 or 15 years of age to work during summer school hours.
Allows minors to participate in certain work activities that are currently prohibited.
Modifies the hours of the day that minors may work.
Allows the Director of the Iowa Department of Workforce Development (IWD) to issue waivers of youth employment restrictions in certain circumstances.
Provides that the Director of the IWD or the Director of the Department of Education may grant exceptions from any provision of Iowa Code section 92.7 or 92.8 for individuals 16 to 17 years of age who are participating in work-based learning or a school- or employer-administered, work-related program if certain conditions are met.
Creates exceptions to Iowa Code section 92.8 for students in approved work-based learning programs, registered apprenticeships, career and technical education programs, or student learner programs if certain conditions are met.
Prevents a person determined to be a sexually violent predator pursuant to Iowa Code section 229A.7, a person required to register as a sex offender under Iowa Code chapter 692A, or a person determined to be a sexually violent predator or required to register as a sex offender pursuant to similar laws of another state from employing a person under 18 years of age.
Removes certain violations relating to child labor under Iowa Code section 92.19.
Removes the serious misdemeanor penalty for an individual in charge of any migratory worker or of any child who engages in a street occupation in violation of Iowa Code chapter 92.
Grants the Director of the IWD the right to waive or reduce a civil penalty related to the violation of child labor laws based on the evidence the Director obtains. The Bill also requires the Director of the IWD to provide a 15-day grace period before imposing a civil penalty.
Modifies employer liability related to secondary students in work-based learning programs.
Allows individuals 16 or 17 years of age to sell or serve alcoholic beverages for consumption on the premises where sold under certain circumstances. The individual may not work in a bar.
Prohibits persons under the age of 18 from work activities in establishments where nude or topless dancing is performed.
Requests the Legislative Council to establish an interim study committee to examine policy and make recommendations related to licensed driving by individuals between 14 and 18 years of age.

Background

Under current law, those between the ages of 10 and 13 may work in street occupations or migratory labor occupations under Iowa Code section 92.1. Civil penalties assessed by the Labor Commissioner under Iowa Code chapter 92 may not exceed $10,000.

Assumptions

The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay (LOS); revocation rates; plea bargaining; and other criminal justice system policies and practices.
A lag effect of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.

Correctional Impact

The correctional impact of SF 542 cannot be estimated due to lack of data. The Bill modifies serious misdemeanors related to child labor under Iowa Code chapter 92. The Bill also modifies a simple misdemeanor related to the serving or sale of alcohol by a minor under Iowa Code section 123.49(2)(f). In FY 2022, there were no convictions under Iowa Code chapter 92 and no convictions under Iowa Code section 123.49(2)(f).

A serious misdemeanor is punishable by confinement for no more than one year and a fine of between $430 and $2,560. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of between $105 and $855.

Figure 1 below shows estimates for sentencing to State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; LOS under those supervisions; and supervision marginal costs per day for all convictions of serious misdemeanors. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 20, 2023, for information related to the correctional system. A conviction of a simple misdemeanor does not result in a prison sentence but does carry the possibility of confinement in jail for up to 30 days. Figure 1 — Sentencing Estimates and LOS

Minority Impact

The minority impact of SF 542 cannot be estimated due to lack of data. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 20, 2023, for information related to minorities in the criminal justice system.

Fiscal Impact

Senate File 542 is estimated to have little to no fiscal impact to the State.

Sources

Department of Human Rights, Criminal and Juvenile Justice Planning Division
LSA calculations
Iowa Department of Workforce DevelopmentConviction
Offense
Class
Percent
Ordered
to State
Prison
FY 22 Avg
LOS in
Prison in
Months (All
Releases)
FY 22
Marginal
Cost Per
Day
Prison
Percent
Ordered to
Probation
FY 22 Avg
LOS on
Probation
in Months
FY 22 Avg
Cost Per
Day
Probation
Percent
Sentenced
to CBC
Residential
Facility
FY 22
Marginal
Cost Per
Day CBC
Percent
Ordered
to
County
Jail
Marginal
Cost Per
Day Jail
FY 22
Avg LOS
on
Parole in
Months
FY 22
Marginal
Cost Per
Day
Parole
Serious Misd 1.9% 5.5 $23.42 51.2% 13.7 $7.27 0.9% $20.67 73.3% $50.00 0.5 $7.27