Virginia HB 356: Child labor; employment of children on tobacco farms, civil penalty.

Bill Text

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2020 SESSION

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20101636D

HOUSE BILL NO. 356 

Offered January 8, 2020 

Prefiled January 1, 2020 

A BILL to amend and reenact �� 40.1-78 and 40.1-79.01 of the 
 Code of Virginia and to amend the Code of Virginia by adding a section numbered 
 40.1-100.3, relating to the employment of children on tobacco farms; civil 
 penalty. 
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Patron-- Lopez 

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Referred to Committee on Agriculture, Chesapeake and Natural Resources 

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Be it enacted by the General Assembly of Virginia:

1. That �� 40.1-78 and 40.1-79.01 of the Code of Virginia are 
 amended and reenacted and that the Code of Virginia is amended by adding a 
 section numbered 40.1-100.3 as follows:

� 40.1-78. Employment of children under fourteen and sixteen.

A. No child under fourteen 14 years of age shall be 
 employed, permitted, or 
 suffered to work in, about, or in 
 connection with any gainful occupation except as specified in this chapter.

B. No child under sixteen 16 years of age shall be 
 employed, permitted, or 
 suffered to work in, about, or in 
 connection with any gainful occupation during school hours unless he has 
 reached the age of fourteen 14 and is enrolled in a 
 regular school work-training program and a work-training certificate has been 
 issued for his employment as provided in � 40.1-88.

C. Nothing in this section shall affect the provisions of subsection A of � 40.1-100 and 
 �� 40.1-100 A, 40.1-100.1, 
 40.1-100.2, 40.1-100.3, 40.1-101, and 40.1-102.

� 40.1-79.01. Exemptions from chapter generally.

A. Nothing in this chapter, except the provisions of subsection A of � 40.1-100 and 
 �� 40.1-100 A, 40.1-100.1, 
 40.1-100.2, 40.1-100.3, and 40.1-103, 
 shall apply to:

1. A child engaged in domestic work when such work is performed 
 in connection with the child's own home and directly for his parent or a person 
 standing in place of his parent;

2. A child employed in occasional work performed outside 
 school hours where such work is in connection with the employer's home but not 
 in connection with the employer's business, trade, or profession;

3. A child 12 or 13 years of age employed outside school hours 
 on farms, in orchards, or in 
 gardens with the consent of his parent or a person standing in place of his 
 parent;

4. A child between the ages of 12 and 18 employed as a page or 
 clerk for either the House of Delegates or the Senate of Virginia;

5. A child participating in the activities of a volunteer 
 emergency medical services agency;

6. A child under 16 years of age employed by his parent in an 
 occupation other than manufacturing; or

7. A child 12 years of age or older employed by an 
 eleemosynary organization or unit of state or local government as a referee for 
 sports programs sponsored by that eleemosynary, state, or local organization or 
 by an organization of referees sponsored by an organization recognized