House Bill 1281
By: Representatives Momtahan of the 17th, Hagan of the 156th, Mathis of the 133rd, Gullett
of the 19th, Chastain of the 7th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 1A of Title 20 of the Official Code of Georgia Annotated,
relating to general provisions relative to the Department of Early Care and Learning, so as
to require child care learning centers to carry certain amounts of liability insurance coverage
and to provide proof of such coverage; to provide for penalties; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to
general provisions relative to the Department of Early Care and Learning, is amended in
Code Section 20-1A-4, relating to powers and duties of the Department of Early Care and
Learning, by revising paragraph (9) as follows:
"(9) To recommend in writing to the owner of any early care and education program
licensed by the department that such program carry liability insurance coverage sufficient
to protect its clients. Any such program which after receiving such recommendation is
not covered by liability insurance shall post that fact in a conspicuous place in the
program and shall notify the parent or guardian of each child under the care of the
program in writing. Such notice shall be in at least 1/2 inch letters. Each such parent or
guardian must acknowledge receipt of such notice in writing, and a copy of such
acknowledgment shall be maintained on file at the program at all times while the child
attends the program and for 12 months after the child's last date of attendance. Failure
to <del>do so may</del> <ins>post the required notice, provide the required written notification to parents
or guardians, or maintain required copies shall</ins> subject the owner of the program to a civil
fine <del>of</del> <ins>not to exceed</ins> $1,000.00 for each such infraction;"
SECTION 2.
Said article is further amended in Code Section 20-1A-10, relating to regulation of early care
and education programs, by adding a new subsection to read as follows:
<ins>"(w) Each child care learning center shall carry liability insurance coverage purchased
from an insurer authorized to do business in this state in the amount of not less
than $50,000.00 per person and $1 million per occurrence. The owner of a child care
learning center that fails to carry such coverage shall be subject to a civil fine of $1,000.00
for each day that such child care learning center operates without such coverage. Each
child care learning center shall provide proof of such coverage, including the name of the
insurer and policy number, to the department and to each client of such child care learning
center and have such proof of coverage available at the location of such child care learning
center."
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.