HOUSE OF REPRESENTATIVES
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO CHILD CARE PROVIDERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. This Act shall be known and may be cited as the "Wylie Muir Act".
SECTION 2. Section 346-157, Hawaii Revised Statutes, is amended to read as follows:
Liability insurance coverage; [ no] requirement. (a) For the
purpose of this section, "liability insurance coverage" means a
general casualty insurance policy issued to a provider insuring against legal
liability for injury resulting from negligence to a child during the time the
child is under the care of the child care provider.
(b) The department shall [
[ a provider] all providers to obtain [ or] and
maintain liability insurance coverage in an amount determined by the
department as a condition of licensure, temporary permission, or
registration to operate a child care facility.
(c) The department, as a condition of
continued licensure, temporary permission, or registration, shall require [
provider who does not have liability insurance coverage] all providers
to disclose in writing [ that the provider does not have coverage] to
each parent or guardian:
(1) Applying to have a child cared for at the
provider's facility, [
if the provider has no] summary information
including the insurer's name and contact information, coverage amounts, and
effective dates for the provider's liability insurance coverage at the time
of application; or
(2) Within seven working days of any change,
cancellation, or termination of liability insurance coverage [
that the coverage [ is] has been changed, canceled,
or terminated while the parent's or guardian's child is cared for at the
(d) The department may suspend or revoke a
license, temporary permit, or certificate of registration of a provider in
accordance with section 346-164 or 346-175, if [
(1) The provider or any employee of the
provider knowingly makes a false statement to any person concerning the
provider's liability insurance coverage[
(2) The provider does not comply with the insurance coverage and disclosure requirements of this section and rules adopted by the department pursuant to this section.
(e) Proof of liability insurance coverage as required by this section shall be verified by the department on an annual basis."
SECTION 3. The department of human services shall submit a report to the legislature, no later than twenty days prior to the convening of the regular session of 2018, on the following issues related to the liability insurance requirements established by section 2 of this Act:
(1) The amount of liability insurance coverage required to be obtained by child care providers;
(2) The costs incurred by child care providers to obtain liability insurance and the projected impact these costs may have on the rates charged to consumers; and
(3) Outreach efforts conducted by the department, to ensure compliance with the requirements of this Act.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050; provided that enforcement of the liability insurance requirements under section 2 of this Act shall not take place until January 1, 2019.
Child Care Providers; Liability Insurance; Department of Human Services; Wylie Muir Act
Requires all child care providers subject to regulation by the department of human services to obtain and maintain liability insurance as a condition of licensure, temporary permission, or registration and disclose insurance-related information to certain parents or guardians. Requires the department of human services to submit a report to the legislature prior to the 2018 regular session. Effective 7/1/2050 but stipulates enforcement shall not occur until January 1, 2019. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.