To repeal section 294.040, RSMo 1994, and section 294.011, RSMo Supp. 1996, relating to child labor, and to enact in lieu thereof two new sections relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Section 294.040, RSMo 1994, and section 294.011, RSMo Supp. 1996, are repealed and two new sections enacted in lieu thereof, to be known as sections 294.011 and 294.040, to read as follows:

     294.011. As used in this chapter, the following terms mean:

     (1) "Child", an individual under sixteen years of age;

     (2) "Commission", the labor and industrial relations commission;

     (3) "Department", the department of labor and industrial relations;

     (4) "Department director", the director of the department of labor and industrial relations;

     (5) "Director", director of the division of labor standards;

     (6) "Division", the division of labor standards;

     (7) "Employ", engage a child in gainful employment for wages or other remuneration except where the child is working under the direct control of the parent, legal custodian or guardian of the child. The term "employ" shall not include the performance of the following services by a child twelve years of age or older:

     (a) The delivery or sales of newspapers, magazines or periodicals;

     (b) Child care;

     (c) Occasional yard or farm work performed by a child with the knowledge and consent of his or her parent, legal custodian or guardian. Such work shall include the use of lawn machinery in domestic service at or around a private residence, provided that, there shall be an agreement between an occupant of the private residence and the child, and by no other person, firm or corporation, other than a parent, legal custodian or guardian of the child, for the performance of such work;

     (d) Any other part-time employment performed by a child with the knowledge and consent of his or her parent, legal custodian or guardian not specifically prohibited under section 294.040.

     294.040. A child under sixteen shall not be employed or permitted to work by any person, firm, or corporation in connection with:

     (1) Any power driven machinery, except lawn machinery used in domestic service at or around a private residence, provided that, there shall be an agreement between an occupant of the private residence and the child, and by no other person, firm or corporation, other than a parent, legal custodian or guardian of the child, for the performance of such work;

     (2) The oiling, cleaning, maintenance, or washing of machinery;

     (3) Any ladders, scaffolding, or their substitute;

     (4) Any mine or quarry except in offices or at other nonhazardous employment;

     (5) Stone cutting or polishing except those found in jewelry type business;

     (6) Any plant manufacturing, processing, storing, or transporting Type A and B explosives, ammunition, or like materials, or in an establishment in which sales of Type A and B explosive materials make up fifty percent or more of gross sales;

     (7) The operation of any motor vehicle;

     (8) Any blast furnace, rolling mill, foundry, forging shop, or in any establishment where heating of metals is carried on or where cold rolling, stamping, shearing, punching, of metal stock is carried on;

     (9) Saw mills, cooperage stock mills, or where woodworking machinery is used;

     (10) The operation of freight elevators, hoisting machines or cranes, or on or about any manlifts;

     (11) Occupations involving exposure to ionizing or nonionizing radiation or any radioactive substance;

     (12) Any occupation involving exposure to any toxic or hazardous chemicals;

     (13) Any capacity in or about a motel, resort, hotel, where sleeping accommodations are furnished except in offices or locations physically separated from the sleeping accommodations;

     (14) Any place or establishment in which intoxicating alcoholic liquors or beverages are manufactured, bottled, stored, or sold for consumption on or off the premises, except in establishments where at least fifty percent of the gross sales consist of goods, merchandise, or commodities other than alcoholic beverages;

     (15) Any other occupation or place of employment dangerous to the life, limb, health, or morals of children under the age of sixteen.