HB1281: HB1281 Education; require child care learning centers to carry certain amounts of liability insurance coverage and to provide proof of such coverage

26 LC 61 0343 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 Co de of Georgia Annotated,1 relating to general provisions relative to the Department of Early Care and Learning, so as2 to require child care learning centers to carry certain amounts of liability insurance coverage3 and to provide proof of such coverage; to provide for penalties ; to provide for related4 matters; to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Article 1 of Chapter 1A of Title 20 of the Official Code of Geo rgia Annotated, relating to8 general provisions relative to the Department of Early Care and Learning, is amended in9 Code Section 20-1A-4, relating to powers and duties of the Depa rtment of Early Care and10 Learning, by revising paragraph (9) as follows:11 "(9) To recommend in writing to the owner of any early care and education program12 licensed by the department that such program carry liability insurance coverage sufficient13 to protect its clients. Any such program which after receiving such recommendation is14 not covered by liability insurance shall post that fact in a co nspicuous place in the15 program and shall notify the parent or guardian of each child u nder the care of the16 H. B. 1281 - 1 - 26 LC 61 0343 program in writing. Such notice shall be in at least 1/2 inch letters. Each such parent or17 guardian must acknowledge receipt of such notice in writing, an d a copy of such18 acknowledgment shall be maintained on file at the program at all times while the child19 attends the program and for 12 months after the child's last date of attendance. Failure20 to do so may post the required notice, provide the required written notification to parents21 or guardians, or maintain required copies shall subject the owner of the program to a civil22 fine of not to exceed $1,000.00 for each such infraction;"23 SECTION 2.24 Said article is further amended in Code Section 20-1A-10, relating to regulation of early care25 and education programs, by adding a new subsection to read as follows:26 "(w) Each child care learning center shall carry liability insu rance coverage purchased27 from an insurer authorized to do business in this state in the amount of not less28 than $50,000.00 per person and $1 million per occurrence. The owner of a child care29 learning center that fails to carry such coverage shall be subject to a civil fine of $1,000.0030 for each day that such child care learning center operates with out such coverage. Each31 child care learning center shall provide proof of such coverage, including the name of the32 insurer and policy number, to the department and to each client of such child care learning33 center and have such proof of coverage available at the location of such child care learning34 center."35 SECTION 3.36 All laws and parts of laws in conflict with this Act are repealed.37 H. B. 1281 - 2 -