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2004 SESSION

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049816228
HOUSE BILL NO. 1251 Offered January 14, 2004 Prefiled January 14, 2004 A BILL to amend the Code of Virginia by adding a section numbered 8.01-220.1:5, relating to civil immunity for employers providing on-site child care. ---------- Patron-- Baskerville ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That of the Code of Virginia is amended by adding a section numbered 8.01-220.1:5 as follows:

§ 8.01-220.1:5. Civil immunity for employers providing on-site child care under certain circumstances.

A. An employer that establishes a child-care facility to be used primarily by the children of its employees at their site of employment shall not be liable for any civil damages for any acts or omissions resulting from the supervision, care or discipline of the children in the facility when such acts or omissions are within the scope of employment of the person providing such supervision, care and discipline and are taken in good faith in the course of supervision, care or discipline of the children, unless such acts or omissions were the result of gross negligence or willful misconduct.

B. This section shall not be construed to limit, withdraw or overturn any defense or immunity already existing in statutory or common law or to affect any claim occurring prior to the effective date of this law.