On-site child care for state employees

(1) As used in this section: (a) "Child care" means the same as that term is defined in Section 35A-3-201. (b) "Licensed child care provider" means a person who holds a license from the Department of Health and Human Services to provide center based child care in accordance with Title 26B, Chapter 2, Part 4, Child Care Licensing. (c) "On-site child care center" means a child care center established in a facility that is owned or operated by an agency. (2) An agency may enter into a contract with a licensed child care provider to operate an on-site child care center for the benefit of the agency's employees. (3) A licensed child care provider that operates an on-site child care center for an agency shall maintain professional liability insurance. (4) (a) An agency may charge a licensed child care provider a reasonable fee for operating an on-site child care center so that the agency incurs no expense. (b) The fee in Subsection (4)(a) shall include costs for utility, building maintenance, and administrative services supplied by the agency that are related to the operation of the on-site child care center. (5) An agency may consult with the Office of Child Care within the Department of Workforce Services, the Department of Health and Human Services, and the Division of Facilities Construction and Management for assistance in establishing an on-site child care center. (6) The state is not liable for any civil damages for acts or omissions resulting from the operation of an on-site child care center.