Bill Summary – FastDemocracy

Fiscal Note
                                     Fiscal Services Division
SF 542 – Youth Employment (LSB1838SV.3)
Staff Contact: Evan Johnson (515.281.6301) evan.johnson@legis.iowa.gov
Fiscal Note Version – Final Action
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.
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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
                      FY 22 Avg    FY 22                                   Percent             Percent           FY 22    FY 22
             Percent   LOS in     Marginal            FY 22 Avg FY 22 Avg Sentenced    FY 22   Ordered          Avg LOS Marginal
 Conviction Ordered Prison in Cost Per Percent         LOS on    Cost Per   to CBC    Marginal    to   Marginal   on     Cost Per
  Offense    to State Months (All   Day    Ordered to Probation    Day    Residential Cost Per County Cost Per Parole in   Day
    Class     Prison  Releases)    Prison Probation in Months Probation     Facility  Day CBC    Jail  Day Jail Months 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
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 Development
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                                                                               /s/ Jennifer Acton
                                                                                 May 16, 2023
Doc ID 1374067
The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in developing this
fiscal note is available from the Fiscal Services Division of the Legislative Services Agency upon request.
                                                 www.legis.iowa.gov
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Statutes affected: 
Introduced: 92.3, 92.1, 92.5, 92.6, 92.8, 92.19, 92.21, 92.22, 92.23, 123.49, 321.180B, 92.7
Reprinted: 92.3, 92.1, 92.5, 92.6, 92.8, 92.17, 92.19, 92.21, 92.22, 92.23, 123.49
Enrolled: 92.3, 92.1, 92.5, 92.6, 92.8, 92.7, 92.17, 92.19, 92.20, 229A.7, 92.22, 92.23, 123.49