Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 248 First Substitute (2024GS)

Sponsor

Sen. Kwan, K.

Final action

Governor Signed 3/13/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies the working hours requirements for minors 16 years old and younger;
• amends certain occupations permitted for minors;
• amends exemptions for permitted occupations with no specific age limit;
• defines terms; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

PERMITTED OCCUPATIONS FOR MINORS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Kwan
House Sponsor: 
____________
LONG TITLE
General Description:
This bill amends provisions related to employment of minors.
Highlighted Provisions:
This bill:
▸ modifies the working hours requirements for minors 16 years old and younger;
▸ amends certain occupations permitted for minors;
▸ amends exemptions for permitted occupations with no specific age limit;
▸ defines terms; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
34-23-103
, as last amended by Laws of Utah 1997, Chapter 375
34-23-202
, as renumbered and amended by Laws of Utah 1990, Chapter 8
34-23-204
, as last amended by Laws of Utah 1996, Chapter 240
34-23-205
, as last amended by Laws of Utah 1996, Chapter 240
34-23-206
, as last amended by Laws of Utah 1996, Chapter 240
34-23-207
, as last amended by Laws of Utah 1996, Chapter 240
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
34-23-103
 is amended to read:
34-23-103.
Definitions.
As used in this chapter:
(1) "Calendar week" means a period of any seven consecutive calendar days.
[
(1)
] 
(2)
 "Casual work" is employment on an incidental, occasional, or nonregular basis
which is not considered full-time or routine.
[
(2)
] 
(3)
 "Commission" means the Labor Commission.
[
(3)
] 
(4)
 "Division" means the Division of Antidiscrimination and Labor in the
commission.
(5) "Hazardous agricultural occupation" means any occupation defined as hazardous by
the United States Department of Labor under 29 C.F.R. Sec. 570.71.
[
(4)
] 
(6)
 "Hazardous occupation" is any occupation defined as hazardous by the United
States Department of Labor under 29 U.S.C. Sec. 201 et seq., the Fair Labor Standards Act.
[
(5)
] [
"Minor" is a person under the age of 18 years.
] 
(7) "Labor Day" means the legal holiday called Labor Day established in Section
63G-1-301
.
(8) "Minor" means an individual under 18 years old.
(9) "Minor's school district" means the public school district in which a minor resides
while the minor is employed.
(10) "School day" means any calendar day in which students are required to attend
school, including a partial day, in a minor's school district.
(11) "School week" means any calendar week in which students are required to attend
school, including a partial day, in a minor's school district.
Section 2. Section 
34-23-202
 is amended to read:
34-23-202.
Employment of minors under 16 during school hours -- Hours of work
limited.
(1) A minor under [
the age of 16
] 
years old
 may not be employed or permitted to
work during school hours except as authorized by the proper school authorities.
(2) A minor under [
the age of 16
] 
years old
 may not be permitted to work:
[
(a) before or after school in excess of four hours a day;
]
[
(b) before 5:00 a.m. or after 9:30 p.m., unless the next day is not a school day;
]
[
(c) in excess of eight hours in any 24-hour period; or
]
[
(d) more than 40 hours in any week.
]
(a) more than 3 hours in one school day;
(b) more than 18 hours in one school week;
(c) more than 8 hours in one calendar day;
(d) more than 40 hours in one calendar week; or
(e) except as provided in Subsection (3), before 7:00 a.m. or after 7:00 p.m.
(3) Beginning on June 1 and ending on Labor Day, a minor under 16 years old may
work until, but not after, 9:00 p.m.
Section 3. Section 
34-23-204
 is amended to read:
34-23-204.
Permitted occupations for minors 14 or older.
(1) Minors 14 years [
of age
] 
old
 or older may work in a wide variety of nonhazardous
occupations including:
(a) retail food services;
(b) automobile service stations, except for the operation of motor vehicles and the use
of hoists;
[
(c) public messenger service;
]
[
(d)
] 
(c)
 janitorial and custodial service;
[
(e)
] 
(d)
 lawn care;
[
(f)
] 
(e)
 the use of approved types of vacuum cleaners, floor polishers, [
power
] lawn
mowers, and sidewalk snow removal equipment; and
[
(g)
] 
(f)
 other similar work as approved by the division.
(2) Minors 14 years [
of age
] 
old
 or older may also work in nonhazardous areas in
manufacturing, warehousing and storage, construction, and other such areas not determined
harmful by the division.
Section 4. Section 
34-23-205
 is amended to read:
34-23-205.
Permitted occupations for minors 12 or older.
Minors 12 years [
of age
] 
old
 or older may work in occupations such as:
(1) [
the sale and delivery of periodicals;
] 
delivery of newspapers to consumers;
[
(2) door-to-door sale and delivery of merchandise;
]
[
(3)
] 
(2)
 baby-sitting;
[
(4)
] 
(3)
 [
nonhazardous
] agricultural [
work
] 
occupations that are not hazardous
agricultural occupations
; and
[
(5)
] 
(4)
 any other occupation not determined harmful by the division.
Section 5. Section 
34-23-206
 is amended to read:
34-23-206.
Permitted occupations for minors 10 or older.
Minors 10 years [
of age
] 
old
 or older may work in occupations such as:
(1) delivery of [
handbills, newspapers, advertising, and advertising samples;
]
newspapers to consumers;
[
(2) shoe-shining;
]
[
(3) gardening and lawn care involving no power-driven lawn or snow removal
equipment;
]
[
(4)
] 
(2)
 caddying; and
[
(5)
] 
(3)
 any occupation not determined harmful by the division.
Section 6. Section 
34-23-207
 is amended to read:
34-23-207.
Permitted occupations with no specific age limitations or restrictions.
With consent of the minor's parent, guardian, or custodian, [
no specific age
] 
the
limitations [
or restrictions are imposed
] 
described in Section 
34-23-202
 do not apply
 for:
(1) home chores and other work done for parent or guardian;
(2) any casual work not determined harmful by the division;
(3) 
an
 agricultural [
work including the operation of power-driven farm machinery in
the production of agricultural products
] 
occupation that is not a hazardous agricultural
occupation
; [
or
]
(4) acting or performing in:
(a) a motion picture;
(b) a theatrical production;
(c) a performing arts production;
(d) a radio broadcast; or
(e) a television production; or
[
(4)
] 
(5)
 work for which a specific, written authorization has been made by the
division.
Section 7. 
Effective date.
This bill takes effect on May 1, 2024.