SENATE BILL REPORT

                   SB 5131

              As Reported By Senate Committee On:

        Human Services & Corrections, February 5, 1999

Title:  An act relating to liability insurance for licensed day‑care and family day‑care providers.

Brief Description:  Requiring insurance for day‑care and family day‑care providers.

Sponsors:  Senators Kohl‑Welles, Long, Hargrove, Winsley, Brown, Patterson, Thibaudeau, Prentice and Costa.

Brief History:

Committee Activity:  Human Services & Corrections:  2/2/99, 2/5/99 [DP].

SENATE COMMITTEE ON HUMAN SERVICES & CORRECTIONS

Majority Report:  Do pass.

  Signed by Senators Hargrove, Chair; Costa, Vice Chair; Franklin, Kohl‑Welles, Long, Patterson and Sheahan.

Staff:  Joan K. Mell (786-7447)

Background:  Historically, parents have been surprised to discover that their child's day care did not have insurance coverage for injuries to their child at day care.  Day-care providers have in the past had difficulty obtaining affordable day-care coverage.  Past legislation addressed the access to coverage question by compelling liability carriers to write coverage specific to day cares.  Currently, most day-care centers have coverage, but coverage is not a prerequisite to obtaining a license.

Summary of Bill:  Licensed child day-care centers and family day-care providers are required to have day-care insurance as defined by the insurance statutes.  Policy limits are a minimum of $100,000 per occurrence.  Family day-care providers can opt out of the coverage requirement by maintaining a file of affidavits or declarations disclosing to parents the day care=s lack of insurance coverage.  The requirements of the statute are not to be used for argument purposes in personal injury cases.

Appropriation:  None.

Fiscal Note:  Requested on January 24, 1999.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  Children have died in day care and the state has paid damages.  Providers have not had coverage.

Testimony Against:  None.

Testified:  PRO:  Stu Jacobson, Michelle Hunt, Washington Parents; Majken Keira, WA Women United; Dawn Larsen, Olympia Child Care Center.